Dear Mr Brown:

I am a Jamaican-Canadian who has already initiated the process of sponsoring my common-law partner. However, our relationship has ended recently. I would like to know if I can sponsor my former girlfriend from Jamaica instead.

— ST

Dear ST:The definition of common-law partner implies that partners ordinarily cohabit. Accordingly, after the requisite one-year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation.You did not provide sufficient information regarding the status of your relationship with your previous girlfriend, ie, whether you were in a common-law partnership. Evidence demonstrating the relationship would have to be submitted to establish that the common-law relationship is legitimate. Moreover, information regarding how you acquired your Canadian citizenship or whether you were sponsored is also relevant. There are issues to consider, which may include, but are not necessarily limited to the following:1. There can be no new sponsorship if there is an existing sponsorship undertaking in respect of a spouse, common-law partner or conjugal partner.2. A common-law relationship is deemed severed or ends upon the death of one partner or when at least one partner does not intend to continue the conjugal relationship.3. Under Canadian Immigration law, a spouse or common-law partner cannot be sponsored as a member of the family class if he or she is a non-accompanying family member of a sponsor and was not identified or examined by Citizenship and Immigration Canada.Canadian law seeks to protect the integrity of the family class by preventing misrepresentation through subsequent sponsorship in the family class. Accordingly, you would have to discontinue your present sponsorship and establish your family ties with your former girlfriend for a new sponsorship application to satisfy an immigration officer that your relationship is bona fide. We can discuss the matter in more detail, should you wish to obtain assistance.Please visit

Dear ST:

The definition of common-law partner implies that partners ordinarily cohabit. Accordingly, after the requisite one-year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation.

You did not provide sufficient information regarding the status of your relationship with your previous girlfriend, ie, whether you were in a common-law partnership. Evidence demonstrating the relationship would have to be submitted to establish that the common-law relationship is legitimate. Moreover, information regarding how you acquired your Canadian citizenship or whether you were sponsored is also relevant.

There are issues to consider, which may include, but are not necessarily limited to the following:

1. There can be no new sponsorship if there is an existing sponsorship undertaking in respect of a spouse, common-law partner or conjugal partner.

2. A common-law relationship is deemed severed or ends upon the death of one partner or when at least one partner does not intend to continue the conjugal relationship.

3. Under Canadian Immigration law, a spouse or common-law partner cannot be sponsored as a member of the family class if he or she is a non-accompanying family member of a sponsor and was not identified or examined by Citizenship and Immigration Canada.

Canadian law seeks to protect the integrity of the family class by preventing misrepresentation through subsequent sponsorship in the family class. Accordingly, you would have to discontinue your present sponsorship and establish your family ties with your former girlfriend for a new sponsorship application to satisfy an immigration officer that your relationship is bona fide. We can discuss the matter in more detail, should you wish to obtain assistance.

Please visit

jamaica2canada.com for additional information on Canadian Permanent Residence programmes, including Express Entry, the Study and Work progamme, Visitor’s visas or Appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and education agent of JAMAICA2CANADA.COM — a Canadian immigration and education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com or devry.jamaica@gmail.com