Common-Law Sponsorship vs. Spousal Sponsorship: What’s the Difference?
Canada is known for its inclusive and family-oriented immigration policies, and one of the key pathways it offers is family sponsorship. Among these options, spousal sponsorship and common law sponsorship often raise questions for applicants. Though both programs fall under the Family Class immigration category, they serve slightly different relationship types. In this blog, we’ll explore the differences between these two sponsorship streams, their eligibility criteria, and how GreenHill Immigration can help you navigate the process.
What Is Spousal Sponsorship?
Spousal sponsorship allows a Canadian citizen or permanent resident to sponsor their legally married spouse for permanent residency in Canada. This program recognizes marriages that are legally valid in the country where they were performed as well as under Canadian law.
Key Criteria for Spousal Sponsorship:
You must be legally married to your partner.
The sponsor must be a Canadian citizen or permanent resident aged 18 or older.
You must prove the genuineness of the relationship.
You and your spouse must intend to live together in Canada after the visa is approved.
What Is Common-Law Sponsorship?
Common law sponsorship is for partners who are not legally married but have lived together in a conjugal relationship for at least 12 consecutive months. This means you must have shared a home and a life together for at least one full year without any long periods of separation.
Key Criteria for Common Law Sponsorship:
You and your partner must have lived together for at least 12 consecutive months in a marriage-like relationship.
Proof of cohabitation (shared lease, utility bills, joint bank accounts, etc.) is required.
The relationship must be exclusive and genuine.
The sponsor must be a Canadian citizen or permanent resident aged 18 or older.
Main Differences Between Common-Law and Spousal Sponsorship
While both pathways allow Canadian citizens and permanent residents to reunite with their partners, there are a few important differences:
Criteria | Spousal Sponsorship | Common-Law Sponsorship |
---|---|---|
Legal Marriage Required | Yes | No |
Proof of Cohabitation | Not mandatory | Mandatory (12 months minimum) |
Relationship Duration | No specific time frame | Minimum 1-year cohabitation |
Documentary Evidence | Marriage certificate, photos, communication | Joint bills, rental agreement, affidavits, photos, etc. |
Inside vs. Outside Canada Sponsorship
Both common law sponsorship and spousal sponsorship can be processed as either Inland or Outland applications:
Inland Sponsorship: If your partner is already in Canada on a valid visa, you can apply inland. The partner may be eligible for an open work permit while the application is being processed.
Outland Sponsorship: If your partner is outside Canada, the application will be processed through the visa office responsible for their country of residence.
How to Prove Your Relationship is Genuine
For both sponsorship types, Immigration, Refugees and Citizenship Canada (IRCC) requires solid proof that your relationship is real and not solely for immigration purposes. Here’s what you might need to provide:
Photos together
Travel itineraries or shared trips
Joint financial responsibilities
Text messages, emails, or call logs
Affidavits from friends and family
Why Choose GreenHill Immigration?
At GreenHill Immigration, we specialize in helping couples navigate the complex process of both spousal sponsorship and common law sponsorship. Whether you are legally married or have been living together for over a year, our team of licensed and experienced consultants ensures your application is complete, accurate, and well-documented.
What We Offer:
Personalized consultation to determine eligibility
Assistance in gathering the right supporting documents
Legal guidance to avoid common mistakes and delays
Ongoing support until your partner lands in Canada
Final Thoughts
Whether you choose common law sponsorship or spousal sponsorship, both routes offer a valuable opportunity to reunite with your loved one and build a life together in Canada. The main difference lies in the legal status of your relationship and how you demonstrate its authenticity to immigration officials.
If you are unsure about which route to take, let GreenHill Immigration, your trusted Canada immigration consultant, guide you every step of the way. We ensure a smooth, transparent, and stress-free sponsorship process so you can focus on your future together.
Ready to start your sponsorship journey?
Contact GreenHill Immigration today and schedule your consultation with our experienced team of Canada immigration experts.