Hi, I’m an American who moved to Canada 15 years ago with my husband at the time who I married in Vancouver in 2006. We however separated in 2021 and we just finished the divorce paperwork with the BC Supreme Court earlier this year. I’m temporarily living in the states with my new partner, but I’m wondering at what point I can either sponsor him under common law, sponsorship rules, or if we decide to get married under that. I currently have PR and I also need to move back, so I don’t lose my status. I desperately want to move away from Trumpland.
How soon can I sponsor my new partner?
- Thread starter Jimmod
- Start date
Are you a Canadian citizen or PR?
When you say you finished the divorce paperwork, are you saying that you submitted the paperwork earlier this year or that your divorce was finalized earlier this year?
You need to be living in Canada to sponsor your common law partner/spouse.
If you have lived with your new partner for at least 12 months straight, and you have proof of that (same address in formal documents/IDs, lease with both names...etc) you can apply to sponosr your common law partner.
If not, you can get married and sponsor.
Look up discussions in
Family Class Sponsorship | Canada Immigration Forum
So answer of your question is as soon as you moved to Canada and have proof of the relationship (either common law or marriage certificate if married) .
So as said above, you cannot sponsor your partner from outside of Canada. You must be living in Canada to qualify as a sponsor and then continue living in Canada while the application is processed.
Assuming your divorce has been finalized, you can marry now, return to live in Canada and sponsorship your partner. Alternatively, if you have lived with your new partner for at least one year continuously, you can move back to Canada and then sponsor your partner.
Make sure you meet the residency obligation when you submit the sponsorship application.
