Hi everyone,
I'm looking for opinions from people familiar with Canadian common-law sponsorship applications, particularly regarding a relationship that began before a previous marriage had legally ended.
Here is our relationship timeline:
I understand that IRCC recognizes that someone can establish a common-law relationship while still legally married to a previous spouse, provided the previous marriage has broken down and the spouses were physically separated before the new common-law cohabitation began. I know they are not supposed to judge morality, but the genuineness of the relationship, and the relationship is real.
My questions are:
My partner works remotely for a company in his country and he is here currently in Canada with an ETA, we applied for a visitor record to extend his stay before his first 6 months, but we did not hear anything until now. We are hoping that his status will be restored when he gets in Canada again in December with me after our trip. We are planning to apply outland, but have him live with me in Canada until a decision is made.
I'm not looking for legal advice or a guarantee of approval, but I would really appreciate hearing from anyone who has dealt with a similar situation or has knowledge of how IRCC assesses these circumstances.
Thank you!
I'm looking for opinions from people familiar with Canadian common-law sponsorship applications, particularly regarding a relationship that began before a previous marriage had legally ended.
Here is our relationship timeline:
- July 13, 2023: I met my current partner in person while he was visiting friends in Canada while I was still married and living with my ex at the time. The marriage had broken down, but we were still living under the same roof.
- August 14, 2023: Before leaving Canada, he told me he liked me. We continued communicating through WhatsApp, initially as friends.
- October 2023: Our conversations became increasingly personal and romantic.
- November 2023: We exchanged "I love you" for the first time, and our relationship developed quite quickly.
- February 2024: He returned to Canada, and confirmed the feelings we had developed online and decided to move forward with the relationship.
- April 2024: I physically left my former matrimonial home and moved in with friends. My previous marriage had broken down, and we formalized our separation through a separation agreement dated April 21, 2024.
- August 2024: I travelled to his country to visit my partner and meet his family.
- February 2025: He visited me in Canada.
- August 15, 2025: I purchased and moved into my own home.
- October 2025: He came to Canada to establish our shared household. He also arranged to rent out his apartment in his country.
- December 2025 – January 2026: We travelled together to Mexico to spend Christmas with his family and returned to Canada together.
- May 12, 2026: My divorce from my previous husband was finalized.
- October 2026: My partner and I completed more than 12 months of cohabitation.
- November 2026: We are going to my country of birth together for him to meet my family;
- December 2026: We are planning on returning to Canada and work on submitting our Common-law sponsorship Outland.
I understand that IRCC recognizes that someone can establish a common-law relationship while still legally married to a previous spouse, provided the previous marriage has broken down and the spouses were physically separated before the new common-law cohabitation began. I know they are not supposed to judge morality, but the genuineness of the relationship, and the relationship is real.
My questions are:
- Has anyone had experience with a common-law sponsorship application where the romantic relationship began before the sponsor physically separated from their previous spouse? (feel free to message me privately).
- Does IRCC generally distinguish between the beginning of a romantic relationship and the date common-law cohabitation began?
- Could the fact that the relationship became romantic before my physical separation create concerns about the genuineness of the relationship or eligibility?
- Would a detailed explanation letter, separation agreement, proof of my independent residence, and divorce certificate generally be appropriate evidence to address the timeline?
- Has anyone experienced additional document requests or an interview in similar circumstances?
My partner works remotely for a company in his country and he is here currently in Canada with an ETA, we applied for a visitor record to extend his stay before his first 6 months, but we did not hear anything until now. We are hoping that his status will be restored when he gets in Canada again in December with me after our trip. We are planning to apply outland, but have him live with me in Canada until a decision is made.
I'm not looking for legal advice or a guarantee of approval, but I would really appreciate hearing from anyone who has dealt with a similar situation or has knowledge of how IRCC assesses these circumstances.
Thank you!
