Common Law Sponsorship Lawyer | Canada

Common law sponsorship allows Canadian citizens and permanent residents to sponsor a common law partner for permanent residence in Canada. Applicants must demonstrate at least 12 consecutive months of cohabitation in a genuine conjugal relationship.

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Andra Dumitrescu

Barrister & Solicitor

Law Society of Ontario # 75447M

Common Law Sponsorship Overview

Common law sponsorship applies to couples who have lived together in a conjugal relationship for at least 12 consecutive months.

Temporary or short absences may be acceptable, but the relationship must demonstrate continuous cohabitation and a shared life similar to that of a married couple.

Officers assess:

whether the parties meet the definition of common law partners
whether the relationship is genuine and continuing
whether the relationship was entered into primarily for immigration purposes
whether the sponsor meets the eligibility requirements
whether the applicant is admissible to Canada
whether the parties intend to reside together in Canada

There is generally no minimum income requirement. However, the sponsor must not be in default of a prior sponsorship undertaking, in receipt of social assistance for reasons other than disability, or otherwise barred from sponsoring under the Regulations.

Inland vs Outland Sponsorship

Selecting the appropriate processing stream is a strategic decision. In practice, these are commonly referred to as “Inland” and “Outland” applications, although the legislation distinguishes between different classes.

Inland Sponsorship (Spouse or Common Law Partner in Canada Class)

The applicant resides in Canada
The applicant may be eligible for an open work permit during processing
The applicant is expected to reside in Canada during processing
Travel outside Canada may affect the application
No right of appeal to the Immigration Appeal Division in the event of refusal

Outland Sponsorship (Family Class)

The application is processed under the Family Class
The applicant may reside inside or outside Canada
Travel flexibility is generally greater
Processing may occur in Canada or at a visa office abroad
Right of appeal to the Immigration Appeal Division in the event of refusal

Common Law Sponsorship Requirements

A common law sponsorship application must establish:

at least 12 consecutive months of cohabitation in a conjugal relationship
a genuine and continuing relationship
that the relationship was not entered into primarily for immigration purposes
that the sponsor meets the eligibility requirements
that the applicant is admissible to Canada

Failure to establish continuous cohabitation is one of the most common reasons for refusal.

Evidence of Common Law Relationship

Evidence must demonstrate both cohabitation and a conjugal relationship.

Typical documentation includes:

joint lease agreements or proof of shared residence
utility bills or official correspondence showing the same address
joint bank accounts or financial interdependence
identification documents showing shared address
photographs and communication records
affidavits or statutory declarations

Officers assess whether the evidence establishes a shared household and an interdependent relationship over the required period.

Legal Representation Provided

The firm provides comprehensive legal representation for common law sponsorship applications, including:

Eligibility and Strategy

Assessing whether the common law definition is met
Determining Inland or Outland strategy
Identifying risks related to cohabitation evidence

Evidence and Documentation

Reviewing cohabitation evidence for sufficiency and continuity
Preparing affidavits or statutory declarations
Addressing gaps in address history or documentation

Application Preparation

Preparation and review of all forms and supporting documents
Legal submissions addressing genuineness and cohabitation
Guidance on medical examinations, police certificates, and biometrics

Complex Situations

Prior refusals
Procedural fairness responses
Non-traditional or long-distance relationships
Limited cohabitation evidence
Complex living arrangements or informal housing

The objective is to ensure that the application clearly establishes both cohabitation and the genuineness of the relationship.

Who This Service Is For

Legal representation is appropriate for:

Canadian citizens and permanent residents sponsoring a common law partner
Couples with complex or non-traditional living arrangements
Applicants with gaps or inconsistencies in address history
Cases requiring strategic advice on proving cohabitation
Applications involving previous refusals or procedural fairness concerns

Common Reasons for Refusal

Common law sponsorship applications may be refused where:

the 12-month cohabitation requirement is not established
there are gaps or inconsistencies in address history
the relationship is not found to be genuine
failure to establish a conjugal relationship
the relationship is determined to have been entered into primarily for immigration purposes
there is insufficient documentary evidence of cohabitation
misrepresentation arising from inaccurate or incomplete information
the applicant is found inadmissible to Canada
the sponsor is ineligible to sponsor