Co-habitation is a pre-requisite if you are on Spousal Sponsorship. In order to qualify for permanent resident status under this program for couples (married or conjugal) who do not have a common child(ren) or have been in a relationship for less than a year, they must demonstrate that they have lived with their spouse or common-law partner for a minimum of two years from the day of landing. It is imperative to keep a full track of the dates where you have lived together to establish that you are eligible.
Sponsoring Common-Law partner If you Are Legally Married
We were recently contacted by a person who wanted consultation on a complicated case. She was legally separated to her husband but had not yet undergone a divorce. She wanted to sponsor her common-law partner to Canada with whom she had been in a genuine relationship from more than a year. We assisted her to submit the Spousal Sponsorship Application, a Sponsorship Agreement and Undertaking was also applied. The Canadian Immigration law does not curtail a person’s right to immigration depending on their past marital status. We helped our client through a complicated case and successfully represented her.
Spousal Sponsorship – A Few Things to Know
Despite the condition on Spousal Sponsorship that binds you to stay with your spouse or common-law partner for a minimum of 12 months in order to qualify for Permanent Residency, the Canadian Immigration law has made provisions for those who might not happen to fulfil this conditions due to conditions beyond their control. In case of death of the spouse, or domestic violence, drug abuse or torture, the spouse or common-law partner is free to leave the other person without harming their possibility of becoming permanent residents. If a victim of violence, it is highly important to report the case to a women’s Helpline or to a police station. You must have relevant documents to establish that you were a victim of domestic abuse. In case of a partner’s death, the death certificate must be enough to establish the facts.
Even in cases where spouses or common-law partners have abandoned their other partner, the Canadian Immigration Law has supported and accommodated the individuals who had to suffer because trauma. However, it is important to keep all medical records and/or police records to establish the truth of your account.
It will be more convenient and reassuring to hire a professional lawyer to deal with the odds of this kind of situation.