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Common Law Sponsorship with joint child POSSIBLE?

amanda14

Newbie
Mar 7, 2014
2
0
Hello,

I am a Canadian female who has just given birth to my son here in Canada and would like to apply for Common Law Sponsorship for my Australian boyfriend. (Who is currently here on a working visa that shall expire)

In the eligibility requirements for Common Law Sponsorship it states you can apply if "you have no children in common" which we do.

Since we do have a child in common that was born in Canada. What sponsorship visa would I apply for my boyfriend?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,164
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
amanda14 said:
Hello,

I am a Canadian female who has just given birth to my son here in Canada and would like to apply for Common Law Sponsorship for my Australian boyfriend. (Who is currently here on a working visa that shall expire)

In the eligibility requirements for Common Law Sponsorship it states you can apply if "you have no children in common" which we do.

Since we do have a child in common that was born in Canada. What sponsorship visa would I apply for my boyfriend?
You have misread the information on the web site. Having a child is not relevant to whether or not you are considered to be common-law. Nor does it affect your eligibility to sponsor or be sponsored.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Ya I'm not sure where you are reading that, but you are not interpreting it properly.

You can apply for common-law sponsorship only after living in the same home as your partner, for 12 consecutive months with no breaks. Having children or not makes absolutely no difference the common-law definition.
 

Ponga

VIP Member
Oct 22, 2013
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Rob_TO said:
Ya I'm not sure where you are reading that, but you are not interpreting it properly.

You can apply for common-law sponsorship only after living in the same home as your partner, for 12 consecutive months with no breaks. Having children or not makes absolutely no difference the common-law definition.
It will, however, exclude him from having a conditional PR.

If you have been living together less than 2 years, he would typically have a condition 51 PR. Since you have a common child, this would not apply.