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How to Avoid Common Law Partner Sponsorship Mistakes | Canada Immigration Tips

October 28th, 2023 at 04:58 am

How to Avoid Common Law Partner Sponsorship Mistakes | Canada Immigration Tips

In Canada, married couples and individuals living together in a common-law relationship are afforded many of the same legal protections. In other words, common-law relationships are treated the same as marriages. Common-law partnerships are recognized for the purpose of immigration when two people who are committed to one another have lived together for at least a year in a row and have combined their financial and domestic responsibilities in a manner that is comparable to what one would anticipate from a married pair. This is because common-law partnerships are considered to be the same as married partnerships.

Individuals continue to make the same errors in their self-prepared applications for common-law sponsorship to Canada, despite the fact that there has been a large increase in the number of these types of applications. I would like to provide you with some guidance that, if followed, will make it possible for you to avoid making the common errors that most people make.

Tips for a Successful Common-law Sponsorship Application

1. Make sure that you genuinely meet the requirements to be considered a common-law couple.

This is the first and most important step in the process. You need to be able to provide evidence that you and your partner have lived together continuously for at least a year. Include in your application dated documents that demonstrate that you have continuously resided at the same residence for a minimum of one year, as well as throughout your history. It is important to keep in mind that traveling or living together in a different nation also counts, even if the law in that country does not recognize common-law relationships.

2. Sign and date your paperwork AFTER you have fulfilled the requirement of living together for a full year.

When you sign your documents, you must already meet the requirements to be a common-law spouse. If you plan on preparing your application in advance, wait to sign and date the papers until after you have determined that you meet all of the requirements for eligibility. In the event that you sign the application too quickly, it will be denied.

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3. Comprise a Statutory Declaration of the Common Law.

Although the Statutory Declaration of Common Law form, also known as IMM 5409, is not specifically asked on the paperwork checklist for a common-law partner sponsorship to Canada, I strongly suggest that you submit it anyhow. In order to officially swear the declaration, both partners will be required to make separate appointments with a Notary Public or a Commissioner for Oaths. Take note that you are required to indicate the date that you first started living together for an extended period of time on this form.

Do not swear that you have lived together constantly from the beginning of your relationship onward if there have been times when the two of you have spent time living apart. Instead, describe only the times when the two of you were genuinely residing in the same location as one another. If you are still living together at the time that the form is being filled out, don’t indicate an end date for your partnership; rather, use the phrase “TO PRESENT.”

4. Conduct a thorough review of the previous addresses that you have provided for both the sponsor and the major applicant.

The address history of the sponsor for the last five years is required on one of the application forms (IMM 5532), and the address history of the sponsored partner for the previous ten years is required on another application form (IMM 5669). Make sure that the addresses that you enter on these papers are correct and that they accurately reflect the fact that the two of you have lived at the same place for the necessary amount of time.

5. Include an application for a work permit that is still open.

If you want to begin or continue working in Canada and you are applying for an inland sponsorship, you are required to submit an application for an open work permit along with your sponsorship package. This is a requirement of the Canadian government. You won’t be able to stay in Canada or find a job if you just submit an application for sponsorship there. You are required to submit this second application in addition to the payments linked with it.

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What are the consequences of making an error on my application for sponsorship as a common-law partner?

The optimal course of action is to always send an application that has been completed to IRCC so that it can be processed. If this is your first time working with an application of this kind, you may find that doing this task is challenging, if not impossible. It is possible that IRCC will either return your common-law sponsorship application or refuse to process it altogether depending on the type of error that was made. If your partner’s immigration case is returned, they will likely lose their eligibility to work in Canada while they wait for their Permanent Resident status to be processed.

If your sponsorship for your common-law partner is denied, you will either have to reapply for it and risk losing all of the costs you paid for the first application, or you will need to spend several thousand dollars appealing the decision, which means you will have to start the process all over again. If your application was denied the first time around, it may be harder to get approval for it in the future.

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This is especially true in certain circumstances. Any one of these outcomes will result in a loss of tens of thousands of dollars and several years of your life. If you are unsure as to whether or not your application is flawless, you should refrain from sending it in because it will not be worth your time.



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