Tag: common-law sponsorship

Spousal Sponsorship Processing Times Increase Drastically for Quebec

Author: Cassandra Fultz, RCIC Date: 2023/08/01

spousal sponsorship processing times increase in quebec

The IRCC webpage showing Canadian immigration application processing times now has a new feature – spousal sponsorship application processing times are now broken down further into applications immigrating to Quebec or to a different province.

In-Canada Class Spousal Sponsorship Application Processing Time

The processing time is the lowest for applicants using the Spouse in Canada or Common-Law partner in Canada class sponsorship application. However, if the sponsor lives in the province of Quebec, the processing time is more than double:

Inland Spousal Sponsorship (outside Quebec): 11 months
Inland Spousal Sponsorship (inside Quebec): 26 months

IRCC has now taken into account the requirement for the person being sponsored to also be given permission to immigrate to the province of Quebec (Certificat de Selection du Quebec – CSQ) by Quebec immigration (MIFI). This requirement has always been in place, but the processing time for the applicant to be issued a CSQ was not taken into account by IRCC. The processing time now includes how long it takes

for you to give your biometrics
for the assessment of the sponsor and the person being sponsored
for IRCC to make sure you meet eligibility requirements
the time you need to submit your application to the Ministère de l’Immigration de la Francisation et de l’Intégration (MIFI) and receive a decision

Processing Time for Outland Sponsorship Applications

For applicants who are not already inside Canada and are using the outland spousal sponsorship process (also known as overseas or family class spousal sponsorship), the processing time has also increased drastically for applicants destined to Quebec.

Overseas (Family Class) Sponsorship (outside Quebec): 14 months
Overseas (Family Class) Class Sponsorship (inside Quebec): 24 months

Spousal Sponsorship and Common-Law Sponsorship Applications Complete in 3 – 6 Months

Our office has continued to receive approvals on sponsorship applications for couples with sponsors living outside Quebec in far less time than is posted on the IRCC website. Throughout 2023, we have received dozens of spousal sponsorship approvals in a very short time for applications submitted this year:

Inland Sponsorship: 3 – 6 months
Outland Sponsorship: 5 – 8 months

The spousal sponsorship application processing time has lingered around 12 months on the IRCC website for approximately one year. However, our office has been receiving extremely quick decisions on nearly all spousal and common-law sponsorship applications since late 2022.

What is a CSQ?

CSQ stands for Certificat de sélection du Québec. This is a document that gives someone permission from the Quebec government to immigrate to Quebec.

A CSQ is required for any person becoming a permanent resident of Canada who will live in the province of Quebec. Anyone who immigrates to Quebec must have approval from the federal government of Canada through IRCC, as well as the government of Quebec through MIFI – they do things a bit differently there!

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Tags: common-law sponsorship, sponsorship, spousal sponsorship

Common-Law Partnership FAQs for Immigration

Author: Cassandra Fultz, RCIC Date: 2021/04/06

Am I considered common-law partners with my boyfriend or girlfriend for immigration?

In order to be considered common-law partners on a Canadian immigration application, the most important requirement is that the two romantic partners have lived together for at least one year (365 days). NOTE: YOU DO NOT NEED TO TAKE ANY ACTION OR FILE ANY DOCUMENTATION WITH THE GOVERNMENT IN ORDER TO BE CONSIDERED TO HAVE COMMON-LAW STATUS WITH YOUR PARTNER – IT IS AUTOMATIC ONCE ONE YEAR HAS PASSED.

To meet the threshold for common-law, this year of cohabitation can have occurred

inside Canada
outside Canada or
a combination of inside and outside Canada.

Both heterosexual and homosexual couples can become common-law partners under Canadian immigration law. There is actually no difference between a same-sex and opposite-sex common-law couple for the purpose of Canadian immigration.

In addition to having lived together for at least one year, common-law couples also have to meet other requirements. To determine whether a common-law relationship is genuine, immigration officers look at whether the couple:

is in a monogamous, serious relationship with one-another
is physically and emotionally interdependent on one-another
participates in a shared social life
is financially interdependent on one-another, either through sharing expenses or financial support

Can we still be common-law if we live together with another person?

It’s extremely common for couples to live together with roommates or family members. Frequently young couples will remain in the apartment where they met as roommates or move in with family members to save money. Living together with another person does not have any impact on your status as common-law partners as long as your relationship meets the requirements outlined above.

In fact, it is also important to understand that if you are in a romantic relationship with a flatmate, it could be possible for IRCC to believe that you are actually common-law partners. If you do not declare someone as your common-law partner on your immigration application, you can both be considered to have misrepresented (lied), which can result in a procedural fairness letter, a refusal, or possibly a bar from becoming a permanent resident of Canada.

Do I have to declare on an immigration application if I have a common-law partner?

You absolutely do. If you do not declare your common-law partner, then you can be found to have misrepresented and possibly lose your chance to immigrate to Canada.

Are we common-law if we spend the night at each other’s house frequently?

No. If each of you maintains your own separate residence, even if you hardly spend any time there, then you are not common-law partners; you are simply dating. In order to be considered common-law partners, you both have to go “all in” on a single residence and cement your lives together in the ways outlined above.

Are we considered common-law partners if we are engaged to be married?

Only if you have lived together for one year and meet the other requirements listed above. If you do not live together but are engaged to be married, you are not common-law partners.

How long can we spend apart and still remain a common-law couple?

Even though there is a minimum amount of time that you need to live together to be considered common-law partners – a period of one year – there is no specific amount of time that you need to live apart to no longer be considered common—law partners if your relationship is still intact. Of course, if the relationship has broken down and one partner has either moved in with or married someone else, then the common-law relationship is over. However, even if two partners who have previously lived together for one year now live apart, whether they are going to continue to be considered common-law partners depends on the factors outlined above and is at the discretion of the immigration officer.

Am I still common-law with my partner if we don’t have a joint bank-account?

This is a very common question. For some reason, people believe that a joint bank account is the be-all, end-all of being in a common-law partnership. If your relationship reflects the factors outlined above for showing the interdependence of your lives, and you have lived together for a period of at least one year, then you are common-law partners regardless of whether you have a joint bank account.

Do we need to file paperwork to be considered common-law for immigration?

No – if you have lived together for at least one year and your relationship meets the requirements outlined above, then you will legally be considered common-law partners in Canada automatically. As part of a sponsorship or other immigration application, you may complete a statutory declaration of common-law union. However, this is for immigration purposes only and is not a legally binding document otherwise.

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Tags: common-law, common-law sponsorship

What’s the Difference between Spousal, Common-Law, and Conjugal Sponsorship?

Author: Cassandra Fultz, RCIC Date: 2020/12/11

The difference between types of sponsorship applications is a complicated question with a straightforward answer.

Spousal Sponsorship

A Spousal Sponsorship application is an application by a Canadian citizen or permanent resident to sponsor their husband or wife for PR in Canada. A sponsorship is only “spousal” if the person being sponsored is married to their sponsor. A spouse can be sponsored regardless of how long (or how little) the spouses have lived together. Spouses can be sponsored from inside or outside Canada.

Note: If you are married, then you do not need to include a statutory declaration of common-law union (form IMM5409). If you are married, then you cannot be common-law partners and the opposite is also true. Marriage and common-law partnership are mutually exclusive.

Common-Law Sponsorship

A Common-Law Sponsorship application is an application by a Canadian citizen or permanent resident to sponsor their common-law partner. To meet the legal definition of common-law partners, two people cannot be married. However, they must live together in a “marriage-like” or conjugal relationship:

They have lived together for at least one year*
They are in a romantic relationship
They are monogamous
Their social and financial lives are intertwined

If you are in a common-law relationship, then you cannot be married to your partner as described above. If you have a common-law partner, then you need to submit a form IMM5409 Statutory Declaration of Common-Law Union with your sponsorship application.

Find out more about the rules of common-law partnership for immigration here.

Conjugal Sponsorship

A Conjugal Sponsorship application is an application by a Canadian citizen or permanent resident to sponsor their conjugal partner. A conjugal relationship is a relationship which is “marriage like” as described above. However, the two partners are unable to get married AND unable to live together as partners for at least one year in order to meet the legal definition of common-law.

It is very important to note that marriages and common-law partnerships are both different types of conjugal (marriage-like) relationships. However, a conjugal partner can only be sponsored as a member of the family class if the two people in the relationship are completely unable to get married or live together as partners due to circumstances beyond their control.

Expense and/or inconvenience to one or both partners is not a valid reason for a conjugal sponsorship – if it is at all possible, the partners must either marry or live together as common-law partners to be eligible for sponsorship. Conjugal sponsorships are very rare as there is almost always a way for the two parties to meet the requirements for either spousal or common-law sponsorship. Conjugal partners can only be sponsored from outside Canada.

—

A few things to keep in mind about all 3 types of relationships:

Can be a relationship between people of the opposite-sex or same-sex
Must be genuine relationships which are not for the purpose of immigration
Both the sponsor and the person being sponsored must meet all eligibility requirements

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*If common-law partners have previously lived together for at least one year, but are not currently living together, they may still be eligible to submit a sponsorship application.

Tags: common-law sponsorship, sponsorship, spousal sponsorship

Tag: common-law sponsorship

Spousal Sponsorship Processing Times Increase Drastically for Quebec

In-Canada Class Spousal Sponsorship Application Processing Time

Processing Time for Outland Sponsorship Applications

Spousal Sponsorship and Common-Law Sponsorship Applications Complete in 3 – 6 Months

What is a CSQ?

Common-Law Partnership FAQs for Immigration

Am I considered common-law partners with my boyfriend or girlfriend for immigration?

Can we still be common-law if we live together with another person?

Do I have to declare on an immigration application if I have a common-law partner?

Are we common-law if we spend the night at each other’s house frequently?

Are we considered common-law partners if we are engaged to be married?

How long can we spend apart and still remain a common-law couple?

Am I still common-law with my partner if we don’t have a joint bank-account?

Do we need to file paperwork to be considered common-law for immigration?

What’s the Difference between Spousal, Common-Law, and Conjugal Sponsorship?

Spousal Sponsorship

Common-Law Sponsorship

Conjugal Sponsorship

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