What Counts as a Common-law Relationship in Canada?

What Counts as a Common-law Relationship in Canada?

In today’s evolving society, many couples live together and build a life together without legally marrying. Canadian immigration laws recognize this type of union as a common-law relationship, and in many cases, it offers the same rights as marriage — especially when it comes to sponsoring a partner for permanent residency.

Suppose you’re planning to sponsor your partner or apply for immigration benefits under a common-law relationship. In that case, it’s important to understand what qualifies, what documentation is needed, and how the process works in Canada.

What is a Common-law Relationship in Canada?

A common-law relationship in Canada refers to a couple (either heterosexual or same-sex) who have lived together in a conjugal relationship for at least 12 continuous months.

According to Immigration, Refugees and Citizenship Canada (IRCC), a common-law partner is someone who:

  • Has lived with you for a minimum of 12 consecutive months (with no significant breaks)
  • Is in a genuine, conjugal relationship with you (i.e., romantic, committed partnership)
  • Is not legally married to you

The key difference from a marital relationship is that there’s no official marriage certificate, but the relationship must mirror the same emotional, financial, and social commitments of marriage.

How Do You Prove a Common-law Relationship?

Unlike a marriage certificate, proving a common-law relationship involves submitting a combination of documents to show shared life and cohabitation.

IRCC typically requires evidence such as:

  • Joint lease or mortgage documents
  • Shared utility bills (hydro, internet, phone, etc.)
  • Bank accounts or credit cards in both names
  • Affidavits from friends or family confirming your relationship
  • Mail or ID showing the same address
  • Photos, travel tickets, communication history

Tip: The more evidence you provide, the stronger your application becomes.

 Who Can Be Considered a Common-law Partner in Immigration?

For immigration purposes, both partners must be at least 18 years old and:

  • Not be married to someone else
  • Be in a genuine, exclusive relationship
  • Have lived together for 12 consecutive months without long separation

Temporary separations (like work travel or visiting family) are allowed, but there should be clear intent to continue the relationship and evidence of ongoing communication.

Common-law Sponsorship vs. Spousal Sponsorship

FeatureCommon-law SponsorshipSpousal Sponsorship
Relationship typeCohabiting (not married)Legally married
Required cohabitationYes – 12 continuous monthsNo (can live apart)
Marriage certificateNot requiredMandatory
Proving the relationshipEvidence-based (bills, photos, etc.)Marriage certificate + relationship proof

While both programs fall under Family Class Sponsorship, common-law sponsorship typically requires more documentation to prove the relationship is real.

How Long Do You Need to Live Together?

To qualify under Canadian immigration law as common-law, you must live together:

  • For at least 12 consecutive months
  • In the same household (not just dating or staying over occasionally)
  • Without long interruptions in living arrangement

Any temporary time apart must be justified (e.g., job-related travel) and well-documented through communication logs or travel records.

Can I Sponsor a Common-law Partner from Outside Canada?

Yes. Even if your common-law partner is currently living outside of Canada, you can still sponsor them — provided you’ve previously lived together for at least one continuous year.

In this case:

  • You must show evidence of past cohabitation
  • Maintain regular communication

Prove that you intend to live together again in Canada upon approval

Common Scenarios Considered Common-law in Canada

  1. You met abroad and lived together for 12+ months — eligible for sponsorship.
  2. You moved in with your partner in Canada and now applying after 1 year — eligible.

You were in a long-distance relationship and visited each other frequently but never lived together continuously for a year — not eligible under common-law. You may consider conjugal sponsorship instead.

What Does NOT Count as a Common-law Relationship?

You will not qualify as common-law if:

  • You only dated or were in a casual relationship
  • You lived together intermittently but not continuously
  • Your relationship lacks genuine romantic, emotional, or financial interdependence

You haven’t lived together for a full 12 months

Required Documents for a Common-law Sponsorship Application

  1. IMM 5532: Relationship Information and Sponsorship Evaluation form
  2. Proof of cohabitation (joint lease, utility bills)
  3. Joint financial evidence (bank accounts, tax filings)
  4. Photographs together
  5. Letters from friends/family confirming the relationship
  6. Personal history + timeline of the relationship

Proof of communication (email, chat logs, video calls)

Why Use a Consultant for Common-law Sponsorship?

While common-law sponsorship is 100% possible to file on your own, it’s complex and highly documentation-heavy. Mistakes can lead to rejections or long delays.

A Regulated Canadian Immigration Consultant (RCIC), like Argus Immigration, can:

  • Review your documents
  • Help you craft a compelling relationship narrative
  • Guide you on missing or weak areas in your proof
  • File your application professionally

Respond to IRCC if additional info is requested

Final Thoughts

Common-law relationships are fully recognized by Canadian immigration—but only if properly documented. Living together for a year is just the beginning; you must prove your relationship is real, committed, and ongoing.

If you’re searching for “common-law sponsorship consultant near me,” Argus Immigration can guide you from beginning to end. We’ve helped hundreds of couples reunite and build a life together in Canada.

👉 Book your free consultation today to get started on your common-law sponsorship journey.

FAQs: Common-law Relationships in Canadian Immigration

1. Is a common-law relationship the same as marriage in Canada?

Not legally, but for immigration and some legal purposes, it’s treated similarly if properly documented and meets the cohabitation requirement.


2. Can we apply if we haven’t lived together for 12 months?

Unfortunately, no. You must meet the 12-month continuous cohabitation requirement. Otherwise, you may explore conjugal sponsorship if living together was impossible.


3. Do we both need to be in Canada to apply?

No. One partner can be outside Canada as long as the 12-month cohabitation happened at some point and you plan to live together again in Canada.


4. What if we were separated for a few weeks?

Short separations (e.g., vacations, work travel) are allowed if the relationship was maintained. You must show proof of continued communication and intent to live together.


5. Can we use a shared rental agreement as proof?

Yes. A joint lease or shared utility bill is one of the strongest proofs of cohabitation and is encouraged in your application.

argus_admin / About Author

Argus Immigration Consultancy Inc. is an ICCRC-approved immigration consultancy firm located in the Greater Toronto Area of Ontario province. Our firm specializes in providing services for Permanent Residency, Work Permit, Study Permit, Citizenship, Sponsorship, Provincial Nomination, and Startup Visa.

Canada is renowned for its cultural diversity and welcoming atmosphere, making it one of the most desirable destinations for immigration. Cities like Toronto, Montreal, Vancouver, and Calgary are recognized as North America’s fastest-growing industrial hubs, offering millions of individuals opportunities for better living through job prospects and improved quality of life.

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