Common-Law

[Moii]

Hi Guys,

If I'm being sponsored by a parent and I'm in a common law relationship, would my spouse be able to migrate with me? Also, I'm in Jamaica, does anyone know the best documents to use to prove we've been living together for more than a year?

 

[scylla]

Hi Guys,

If I'm being sponsored by a parent and I'm in a common law relationship, would my spouse be able to migrate with me? Also, I'm in Jamaica, does anyone know the best documents to use to prove we've been living together for more than a year?

Is your parent already a citizen or PR?

 

[Moii]

By now he must be a citizen, he's been there for more than 15 years. I've never asked though.

 

[scylla]

By now he must be a citizen, he's been there for more than 15 years. I've never asked though.

Your common law partner must be declared in your application and must pass the medical (and provide PCCs) along with you.

How is your parent sponsoring you for PR? As a minor dependent? Or is it through the lonely Canadian rule where your parent has no spouse or common law partner, no children in Canada, no other family members in Canada?

 

[Moii]

I'm not entirely sure. I was sponsored roughly 16 years ago when I was a child, but due to certain circumstances I asked to be sent back to Jamaica.

Now as an adult I'm interested in living in canada, so he's trying to sponsor me again. I'm not entirely sure how this will play out.

He's married though.

 

[scylla]

I'm not entirely sure. I was sponsored roughly 16 years ago when I was a child, but due to certain circumstances I asked to be sent back to Jamaica.

Now as an adult I'm interested in living in canada, so he's trying to sponsor me again. I'm not entirely sure how this will play out.

He's married though.

How old are you now?

Unfortunately he cannot sponsor you.

 

[Moii]

I'm 24. Why can't he? Can you suggest any other routes I can take?

 

[scylla]

I'm 24. Why can't he? Can you suggest any other routes I can take?

You are no longer a dependent - you are too old to be classified as a dependent and be sponsored by him.

You'll need to look into qualifying and applying to immigrate on your own through an economic immigration stream like express entry.

It's also quite possible you are technically still a PR. However given how long you've been outside of Canada it will be very difficult to keep your status and renouncing and applying from scratch is the better / more realistic option.

 

[Moii]

Oh okay. Thank you.