Are you a foreign resident in a common law or conjugal relationship with a Canadian citizen or permanent resident and you are looking to immigrate to Toronto, Canada?
Well, you have an upper hand when it comes to immigrating to Toronto, Canada.
Spousal sponsorship is one of the best paths you can take to immigrate to Toronto, Canada from anywhere in the world.
But, how exactly do you get sponsored into Toronto, Canada by your partner as a common law couple?
In this article, we’ll cover everything you need to know about how spousal sponsorship works for common law couples and the legal services that our Toronto immigration lawyers offer.
Let’s dive in.
How Does Canadian Immigration Define “Common law”?
Before we dive into how your partner can sponsor you into Toronto, Canada, you should understand how “common law” is defined in Canada.
Canadian immigration defines a common law partner as:
- Not legally married
- Of the opposite sex or the same sex
- At least 18 years old
- Two people who are in a marriage-like or conjugal relationship
- Living together for at least one year
- Has only spent time apart for business or family purposes
- Has spent only short and temporary periods of time apart
If your relationship meets these criteria, then you are likely in a legitimate common law relationship according to the government of Canada and can proceed with your spousal sponsorship application.
How Does Common Law Spousal Sponsorship to Toronto, Canada Work?
If you’re in a long-term, committed relationship with a Canadian citizen, you may be eligible for spousal sponsorship into Toronto, Canada.
Canadians and permanent residents are allowed to sponsor family members including conjugal or common law partners into Toronto, Canada.
If you have any questions about immigrating to Toronto, Canada through common law sponsorship, contact Falcon Law today.
How to Prove You Are in a Legitimate Common Law Partnership
The most important factor about taking this immigration path into Toronto, Canada is that you are, in fact, in a real, long-term relationship with your Canadian partner.
Every year, thousands of people attempt to immigrate into Canada through spousal sponsorship by pretending they’re in a relationship when they’re not.
Canadian Immigration takes this very seriously. If you try to “fake” a common law relationship, you will be denied immigration into the country. Doing so will also likely ruin your chances of ever immigrating to Toronto, Canada through any path. You may also be denied all future entries into the country, even for a short visit.
In order to be sponsored by your Toronto based partner, you need to fill out a detailed application proving you are in a real relationship.
In the eyes of the Canadian government, common law relationships are the same as being married. This means you have to file your taxes as a common law couple.
To prove your common law status, you need to have documented evidence of your cohabitation in Canada or abroad for at least one year, save and except for certain exemptions to this rule.
Canadian immigration may request any of the following documents to prove the validity of your relationship:
- Joint bank accounts
- Joint credit cards
- Joint lease in the names of both partners
- Joint mortgage in the names of both partners
- Driver’s licenses with the same address
- Provincial or state ID’s with the same address
- Utility bills at the same address
- Car insurance and/or registration at the same address
If your application has incomplete or insufficient documentation to prove the validity of your common law status, you can be refused spousal sponsorship to Toronto, Canada.
Compared to legally married couples, common law couples will typically have to show more documentation to prove their common law relationship to Canadian immigration.
Keep that in mind when you’re filling out your application. If you have legitimate plans on getting married, it may be best to do so before you try to apply for spousal sponsorship.
Possible Challenges for Spousal Sponsorship Applications to Toronto, Canada
Sponsorship applications are often incompletely or incorrectly filled out. Oftentimes, these applications are missing supporting documents that will help their chances of being approved into the program.
Without the correct documentation, applications will be returned as incomplete or simply denied delaying your chances of immigration to Toronto, Canada.
You may also be required to complete an interview with an immigration officer as a way to prove your relationship with your partner.
If an interview is required for your application, you should be prepared to answer several questions about your partner to see how well you know them. This is one method Canadian immigration may use to remove fake candidates from real ones in the spousal sponsorship program.
It’s important you work with a Toronto immigration lawyer in order to ensure the highest chances of success. A trusted Toronto immigration lawyer will help you with your application, so the entire process is as smooth as possible.
Need Help Sponsoring Your Spouse into Toronto, Canada?
Are you a foreign resident with a partner from Toronto, Canada or elsewhere in Canada?
Do you need help getting sponsored into Toronto, Canada through spousal sponsorship?
If so, you’ll want to reach out to a Toronto immigration lawyer to help you with the process. For help getting sponsored by your Toronto based spouse, or, if you have any questions about the spousal sponsorship process, reach out to us at Falcon Law.
Right now, we’re offering free virtual consultations for spousal sponsorship services for foreign residents with partners in Toronto, Canada.
Click here to book a consultation today.