Common-Law Partner Visa

The Canadian citizens and permanent Canadian residents, under family class sponsorship, can apply to sponsor their common-law partner for permanent residence in Canada. This provides an opportunity to those who have been residing with their Canadian partner for a period of at least one year or 12 consecutive months to be sponsored for a permanent residence.

The visa is granted on the conditions that the sponsor and the sponsored

• Are in a genuine marriage-like relationship
• Are in an ongoing relationship, without any long periods of separation
• Intend to live together in the country even after the granting of visa

Let us understand what a common-law relationship is and who common-law partners are, before we move on to discussing the perquisites for sponsoring and to be sponsored for a common-law partner visa, under family class sponsorship.

What is a Common-Law Relationship?

Two individuals, either of the opposite or same sex, are considered to be in a common-law relationship, who have been living together for more than 12 consecutive months or a period of one year in a marriage-like setting, without any long periods of separation.

A common-law relationship is considered valid by both the partners, but has not been registered formally with any statutory body or a formal religious institution. The relationship ends when one or both of the partners do not intend to continue.

However, being in a common-law relationship doesn't mean that both the partners have to live together continuously for more than 365 days. This only means that they must be living together like any wedded couple and either of them may have left the city, state or country for work or family responsibilities, or any other valid reason. This separation must be short or temporary.

Who are Common-Law Partners?

Common-law partners are two individuals, either of the opposite or same sex, who have been living together in a marriage-like setting, without being formally married, for more than 12 consecutive months or a period of one year.

Prerequisites for a Sponsor

A sponsor must fulfill all the requirements in order to be eligible. He/she must:

• Be a Canadian citizen or permanent Canadian resident
• Be able to prove that he/she has resided with their partner at a common address for at least one year

• Sign an undertaking, agreeing to provide for all the basic needs of the sponsored for a period of three years, commencing from the date of their arrival in Canada.

Prerequisites for a Sponsored

Not only a sponsor needs to fulfill the eligibility requirements, but a sponsored also needs to. An applicant must

• Prove that he/she has resided with their partner at a common address for at least one year without any long separations
• Undergo health checks
• Go through character and background checks
• Provide the evidence of an ongoing and genuine relationship
• Intend to live with their partner, upon arrival in Canada

Common-Law Partner Visa Entitlements

A common-law partner, who is granted permanent residence, will have the rights to

• Live, study and work in Canada
• Access to subsidized, government-funded education programs
• Seek government-funded assistance to find employment
• Benefit from public health services
• Enroll in government-funded language and training programs

He or she is also eligible for Canadian government's pension schemes, retirement plans, old age security and guaranteed income supplement plans. In addition, they can also apply for Canadian citizenship