Canada’s immigration policies recognize and accommodate various relationships, including common-law partnerships, providing a pathway to permanent residency for couples committed to building a life together. If you’re in a common-law relationship and exploring how your partner can obtain permanent residency (PR) in Canada, here are some possible options.
Understanding Common-Law Partnerships in Canada
In Canada, a common-law partnership is defined as a relationship in which two individuals have lived together for at least 12 consecutive months in a marriage-like or conjugal relationship. This legal recognition extends to both opposite-sex and same-sex couples.
Option 1. Common-Law Partner Sponsorship:
Canadian citizens and permanent residents can sponsor their common-law partners. Once the sponsorship application is approved, the common-law partner becomes a Canadian permanent resident. This sponsorship falls under the Family Class category, allowing the sponsor to support their partner’s application. The Canadian sponsor must also sign an undertaking stating that they will be financially responsible for their partner’s basic needs for a period of 3 years.
Eligibility Criteria for Common-Law Sponsorship:
To sponsor a common-law partner, the Canadian sponsor must:
- Be a Canadian citizen or permanent resident.
- Be at least 18 years old.
- Prove they are not receiving social assistance (except for disability).
- Sign an undertaking promising to provide for the partner’s basic needs for a specified period.
- Been living together with your partner in a marriage-like relationship for at least 12 consecutive months.
- Have not sponsored anyone, such as a spouse, common-law partner, or conjugal partner within the last 3 years.
- Must be living in Canada unless you are a Canadian citizen living outside of Canada who plans to move back home.
The Process for Common-Law Partner Sponsorship:
- Submission of Application: The sponsor submits the sponsorship application, and the partner submits the permanent residence application.
- Processing Time: Processing times can vary, but it’s essential to provide accurate and complete information to avoid delays.
- Medical and Criminal Checks: The foreign partner must undergo medical examinations and provide police clearances.
- Interviews: Depending on the case, an interview may be conducted to assess the authenticity of the relationship.
- Decision: Once approved, the partner receives PR status and can live, work, and study in Canada.
See If You Qualify For Spousal or Partner Sponsorship
Fill out our FREE Family Sponsorship Assessment form to see if you qualify to sponsor your spouse or partner to Canada.
Option 2. Express Entry
The Express Entry system is a key pathway for common-law partners seeking Canadian PR. It is a points-based system that considers factors such as age, education, language proficiency, and work experience. If one partner is eligible for Express Entry, they can include their common-law partner in the application, earning additional points for their combined qualifications.
Provincial Nominee Program (PNP):
Provincial Nominee Programs provide an alternative route to PR. Many provinces have specific streams for applicants with job offers or those with skills needed in the local labor market. If the common-law partner secures a job offer or has skills in demand, they may be eligible for provincial nomination, which significantly boosts their chances in the Express Entry system.
Free Express Entry CRS Calculator
We have years of experience assisting applicants with their permanent residence applications through the Express Entry system. See if you qualify by calculating your CRS score.
Express Entry Draw Points System:
In the Express Entry draws, points are awarded based on various factors. Partners can enhance their scores by:
- Improving language proficiency in English or French through language tests.
- Enhancing education credentials.
- Gaining Canadian work experience.
Seeking Professional Guidance
Navigating the Canadian immigration process can be complex. Seeking advice from an immigration lawyer who specializes in family sponsorship and PR applications can provide valuable insights and increase the chances of a successful outcome.
The Immigration Law Firm of Matthew Jeffery has over 20 years of experience helping clients sponsor their common-law partners to become permanent residents of Canada. Mr. Jeffery is also an expert in helping common-law partners obtain PR through the Express Entry system. If you are seeking a full-service for common-law sponsorship, fill out our free Family Sponsorship Assessment form. If you are looking to obtain PR through the Express Entry system, use our free CRS calculator to see if you have enough points to qualify.
