How Can Common-Law Sponsorships in Canada Benefit You?

From the open work permit to Canada for spouses to the super visa for parents, The Great White North is known for its acceptance of newcomers. Whether their entry is through a Canadian work visa or a refugee claim, if they can show their commitment to being an active part of the population, they're guaranteed a safe home.

Nanda & Associate Lawyers is renowned for always being available to help, with an experienced and multilingual team that includes business immigration lawyers and civil litigation lawyers.

At this law firm in Mississauga, they've facilitated many immigration applications. For anyone hoping to welcome their loved one into the country as a permanent resident but isn't married to them, this team can help you! Of course, legal professionals can help you with spousal sponsorship as well, but marriage isn't a requirement. If you're in a serious relationship, you can sponsor your partner to remain in Canada indefinitely.

What are the Options?

Common law sponsorship provides an opportunity for couples in committed relationships to build a life together in the country. By sponsoring a partner for permanent residence, individuals can enjoy various benefits for themselves and their partners. The following visa streams are available:

§ Family Class Sponsorship

§ Spouse or Common-Law Partner in Canada

§ Spouse or Common-Law Partner Outside of Canada

Canada accepts couples of all genders and has been a highly coveted place of residence for years due to its inclusive politics, strong economy, and diverse populace. They even introduced the Express Entry system has revolutionized how economic immigrants are selected for permanent residence. This system prioritizes skilled workers who meet specific criteria, such as age, education, work experience, and language proficiency.

It's clear that all are welcome from the government's constant work to make life in Canada more accessible. When necessary, they allow individuals and families to expedite the process and settle more efficiently.

How Will Sponsoring My Partner Affect Me?

It is important to note that sponsoring someone is a serious legal commitment, almost like marriage. You should only do it if you are confident you can provide for their basic needs and support them in their new life.

However, if you're secure in your relationship, then here's what you could gain:

1. The Ability to Live and Work in Canada Permanently

One of the key benefits of common law sponsorship is that once your partner is approved for permanent residence, they can live and work without any restrictions.

This opportunity opens up doors for personal and professional growth. Being able to contribute to the economy allows individuals to establish themselves and build a new life in a country known for its diverse opportunities.

2. Access to Healthcare and Education

As a permanent resident, your partner gains access to the country's healthcare and education systems. This means they can benefit from the same quality of healthcare and education as citizens. Canadian healthcare is renowned for its comprehensive coverage, ensuring your partner's medical needs are met.

Furthermore, the education system provides a wide range of opportunities for personal and professional development, including access to prestigious universities and colleges.

3. The Ability to Sponsor Family Members for Immigration

Once they become a permanent resident, they can sponsor their family members for immigration. Family sponsorship enables them to bring their parents, siblings, and children for reunification. The opportunity to be together with loved ones in a new country can be a significant factor in enhancing the overall quality of life for both partners.

4. Strengthening the Relationship

Common law sponsorship is not only a means to achieve practical benefits but also an opportunity to deepen the bond with your partner. By sponsoring your partner for permanent residence, you are demonstrating commitment and dedication to building a life together. Furthermore, you'll be able to work on your relationship without the constant struggles of expiring visas and distance.

The process of navigating the requirements and paperwork can strengthen communication, trust, and mutual support, further solidifying the foundation of your relationship.

Requirements for Common Law Sponsorship

If you are unsure about whether you can meet all of the requirements, you should consult with an immigration lawyer.

1. Check Your Eligibility

You must meet the following requirements to be eligible:

§ You must be a Canadian citizen or permanent resident.

§ You must be at least 18 years old.

§ You must be able to support your common-law partner financially.

§ You must be able to provide your common-law partner with a place to live in Canada.

§ You must be able to help your common-law partner find a job in Canada.

If you think that you might struggle to meet these requirements, it's always worth showing your partner's profile to an immigration consultancy in Brampton to find out if there are better ways to aim for permanent residence applications.

2. Gather Your Documents

You need to show proof of your relationship and proof of your income and assets. You will need to gather the following documents to support your application:

§ Joint bank statements

§ Joint leases

§ Joint tax returns

§ Photos of you and your common-law partner together

§ Tax returns

§ Pay stubs

§ Bank statements

§ Proof of assets, such as a car or house

Primarily, these records should reflect a degree of stability. You might, at present, be able to sponsor a partner and have a good relationship, but authorities need to believe that this is something that'll last.

3. Proof of Your Partner's Identity and Citizenship

 This could include:

§ Passport

§ Birth certificate

§ Proof of residency in their home country

If your partner has ever had any legal troubles or received an exclusion order from another country, then this is something that needs to be disclosed and explained. Even if you were eventually cleared of fault, small things like having a claim brought against you by a personal injury lawyer should be shown in your documents. If it's not, this can be seen as intentionally hiding information.

It's not ideal, but the right immigration consultant can help you frame your candidacy to show that you'll be a valued resident.

4. Fill Out The Application Form

You can find the application form on the website of Immigration, Refugees and Citizenship Canada (IRCC).

5. Pay The Application Fee

The application fee for sponsoring a common-law partner will depend on your visa type, but you should get personalized advice from a professional about whether any additional charges will apply.

6. Submit Your Application

You can submit your application online or by mail.

7. Wait For A Decision

It can take up to 12 months for IRCC to decide on your application. If your application is approved, your partner will be granted permanent resident status. They will be able to live, work, and study in Canada permanently, and they'll never have to think about extending a work permit.

Make sure you gather all of the required documents, as missing papers might lead to a rejection by default, meaning the applicant might be served a removal order, and have to return to their home. A partner or spouse visa lawyer could help you work out a solution and help you through the removal order appeal process, this can cause a lot of stress. 

Mistakes aside, don't exclude or exaggerate any information because you think it'll hurt your chances. Being honest and truthful in your application will show your willingness to become a productive part of society and build a better life.

Am I Responsible for Their Actions?

No, as a sponsor, you are not responsible for your partner's actions. However, you are responsible for their basic needs, including their everyday and health needs, for three years after they become a permanent resident.

This means that you must provide them with food, clothing, and shelter, and you must also pay for their medical care. If they don't have any income, you may be required to provide them with financial support. If your relationship ends, then even if you were never married, it's worth it to consult a family lawyer to find out what's expected of you. It'll depend on which stage of the process you're at, but you might continue to hold responsibilities.

If your partner commits a crime, you're not legally responsible for their actions. However, if they are deported from Canada, you may be required to pay for their travel expenses.

The team at Nanda & Associate Lawyers boasts impressive accolades and qualifications, and offers clients a consolidated 150 years of experience. Their varied staff has a wide range of specialties, which means that when you work with them, you have access to highly-skilled wills and estates lawyers, long-term disability lawyers, and real estate lawyers in Ontario.

They'll help you identify cost-effective solutions and explore every option so that they can help you make the best discussion for you. Click here to book a consultation with the team!

 

Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.