Can I Sponsor My Common-Law Partner If I Am Still Legally Married?

For the purposes of immigration, Immigration, Refugee and Citizenship of Canada is primarily concerned with your current relationship. If you are legally separated from your spouse and have been in a continuous, marriage-like relationship with your common-law partner for at least one year, you may be eligible to sponsor your common-law partner.

Your eligibility will be assessed when you submit your Application to Sponsor, Sponsorship Agreement and Undertaking, but, in most cases, the fact that you have not divorced your former spouse should not be a bar to your application to sponsor your current common-law partner. You will also be required to complete the Statutory Declaration of Common-Law Union form and submit it with your application.


Our immigration consultants are skilled at compiling strong applications packages for all types of immigration matters. If you would like assistance in filing a spousal sponsorship application and want to know more about how the regulations may affect you, please feel free to contact our immigration consultants to schedule a consultancy.