Common-Law Partner Visa
It is important to note that unlike the UK and US, Canada does not have a fiance visa category. If you are unmarried you must show that you have lived with your partner for at least 12 consecutive months under the same roof to meet the definition of a common-law partnership.
Canada Partner Visa Basics
Under the common-law partner visa, Canadian citizens and permanent residents who are living in Canada can apply to sponsor their common-law partner and eligible dependent children. Note, if you are Canadian citizen living abroad you can sponsor your common-law partner. This option is not available to permanent residents living overseas.
Canada Partner Visa Requirements
The relationship must be durable and genuine. The applicant and their Canadian partner must intend to live together in Canada. In addition, all common-law partners must undergo health and character checks prior to their arrival.
Crucially, a couple must demonstrate that they have amalgamated their social and financial affairs to a significant degree and have gone beyond a mere long-term boyfriend-girlfriend relationship. Please note that both same-sex and opposite sex couples are eligible for this visa
The Canadian partner must be willing to live in Canada with the applicant once the visa is granted, and must be capable of supporting the applicant without recourse to public funds. Once granted, the common-law partner will be given conditional permanent residence or full permanent residence depending on how long their relationship has subsisted.
Canada Partner Visa – Sponsor Basics
The Canadian sponsor must sign an undertaking to provide for all of the applicant’s basic needs for a period of 3 years from the partner’s arrival to Canada. In addition, the Canadian sponsor must meet certain requirements in relation to their financial and personal affairs.
Conjugal Partner Visa
If you are in a relationship where you are unable to live with your partner due to circumstances beyond your control such as immigration barriers then you may still qualify for permanent residence. However, these types of applications are intended only for exceptional circumstances and will be highly scrutinized by visa officers. In complex cases such as these you must retain experienced immigration counsel.
Canada Partner Visa Package
Our Canada partner visa package includes the following:
- Detailed personal or telephone consultation,
- Advice regarding evidentiary requirements,
- Detailed eligibility assessment of the Canadian sponsor,
- Assessment of the relationship to ensure it meets the definition of common-law,
- Admissibility assessment for the foreign national,
- Guidance and representation with security and medical clearances,
- Completion of all legal forms and a minimum of three statutory declarations,
- Drafting of affidavits from witnesses attesting to the existence of the common-law relationship,
- Detailed legal submissions including all case law and policies in support of the application,
- Interview preparation at the Canadian High Commission where necessary,
- Tracking the status of your file and liaising with CIC until visa issuance, and
- Advice regarding post-landing procedures and residency obligations.