Filing a Common-Law Sponsorship with IRCC Canada When You Are Not Legally Divorced
Immigration pathways to Canada can sometimes be complex, particularly when it comes to sponsoring a spouse or partner. One scenario that often raises questions is filing a common-law sponsorship even if you are not yet legally divorced from a previous spouse. In this post, we’ll explore what you need to know about this situation under IRCC rules.
Understanding Common-Law Sponsorship
A common-law partner is defined by IRCC as someone you have been living with in a marriage-like relationship for at least 12 consecutive months. This differs from a legally married spouse, as common-law partnerships do not require formal registration with a government.
To sponsor a common-law partner, you must demonstrate:
Cohabitation: You and your partner have lived together continuously for 12 months.
Intent to live together: You plan to continue living together after the sponsorship is approved.
Genuine relationship: Evidence showing your relationship is authentic and ongoing.
Legal Marital Status and IRCC Requirements
One common misconception is that you must be legally divorced from a previous spouse to sponsor a new partner. While this is true for spousal sponsorship, IRCC also requires truthful disclosure of marital status.
Married but separated: You cannot legally sponsor a new spouse while still married, even if separated. This is considered bigamy in Canada and can lead to application refusal.
Common-law partner: You can sponsor a common-law partner even if you are still legally married to someone else, provided that you have been living apart from your spouse and can prove that your relationship with your common-law partner is genuine and not intended to circumvent immigration law.
Key Documentation You’ll Need
To file a common-law sponsorship while not yet divorced, you should prepare:
Proof of Separation:
Lease agreements, utility bills, or other evidence showing you live apart from your spouse.
Legal separation agreements (if applicable).
Proof of Cohabitation with Your Common-Law Partner:
Joint bank accounts, rental agreements, or insurance policies in both names.
Photos, travel itineraries, and communication logs showing your ongoing relationship.
Affidavits or Letters of Support:
Statements from friends or family confirming the authenticity of your relationship.
Relationship History:
Documentation showing when you met, when you started living together, and milestones in your relationship.
Risks and Considerations
Filing a common-law sponsorship without being legally divorced comes with some risks:
Application scrutiny: IRCC may carefully assess whether your relationship is genuine.
Immigration consequences: Misrepresentation can lead to bans or refusal of sponsorship.
Legal matters: Ensure your separation from your previous spouse is clear to avoid legal complications.
Sponsoring a common-law partner while not legally divorced is possible under IRCC rules, provided you can demonstrate a genuine, continuous relationship and proper separation from your spouse. Transparency and solid documentation are critical.
About the Author: Lauren Shannan is a Senior Immigration Consultant with 10 years of experience helping foreign nationals navigate their journey in Canada. With her extensive knowledge of immigration processes and policies, Lauren provides valuable insights to those looking to make Canada their new home.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized advice, please consult with a licensed immigration professional.