It’s a green for Common-law partners to be sponsored in Canada

Sponsoring common law partners

Canada immigration is making special arrangements even for partners in life to be with each other during this tough phase due to COVID-19. Canada has relaxed the restrictions to prevent COVID-19 for immediate family members and common-law partners. This is surely going to bring relief to those who desire to be with each other in these difficult times.

The common partnership has a very simple definition in the parlance of Canada immigration eligibility. If two people have lived together for more than a year, the Canadian government may consider it as a marriage-like relationship. In this context, citizens of Canada or permanent residents may sponsor their common Law partners’ Canadian immigration.

Doesn’t that sound wonderful when it comes to Canada PR immigration? That too in these depressing times when we fear for our partners and dear ones the most! Now, to prove that a foreign partner is a Common Law partner, any of the following documents should be produced:

  • A lease or mortgage in both names
  • Utility bills
  • Bank statements
  • Credit card bills
  • Phone bills
  • Driver’s licenses
  • Or any document that shows that the couple has lived together for 12 consecutive months.

Producing these documents at the Port of Entry can help the partners who are arriving in Canada to prove their relationship status.

There are 2 types of sponsorship allowed in this regard. They are Outland or Inland sponsorship.

Under Outland sponsorship, an application for sponsorship is processed via the visa office serving as the foreign national’s country of origin. They are normally allowed to travel to and from Canada. But in the current special circumstance owing to COVID-19, Canada advises everyone in the country not to travel outside if not for essential purposes.

Under Inland sponsorship, both partners will already be residing in Canada. The Common-Law partner is in Canada on a temporary visa that is allowing them to work, study or visit.

It’s the Open Work Permit Pilot program that allows the inland Common-Law partners to work in Canada while their applications for sponsorship are under processing. This permission will be available until at least 31st July 2020.

To be eligible for the Open Work Permit it’s needed that:

  • both partners must live at the same address
  • the application for permanent residence through common-law or spousal sponsorship must be under processing
  • the applicant must have a temporary resident status that’s valid, as a visitor, student, or worker
  • both partners must be eligible under the spousal or Common Law sponsorship program

Common-Law partners may apply to extend their temporary resident status online. In case their work or study has stopped, they may be eligible for a visitor visa. Otherwise, working or studying, they may extend their current permit. Visitor visa holders can also apply to get their stay extended.

The icing on the cake is that Immigration, Refugees and Citizenship Canada (IRCC) may accept incomplete applications too. This is applied only where the documents are not currently handy due to COVID-19 service disruptions. The Common-law partners must in such case submit a letter explaining the delay in detail.

Incomplete applications will be kept and reviewed in 90 days. If the application is not complete in 60 days, IRCC officers have instructions to ask for the missing documents after granting 90 days added to the deadline.

If you are looking to Study, Work, Visit, Invest or Migrate to Canada, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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Anshul Singhal

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