MAK Immigration

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Common-Law Partner Sponsorship Canada

If you and your partner have lived together but are not married, you may be able to sponsor them through common-law partner sponsorship. This is part of Canada’s family class. It is evidence-heavy because IRCC must be satisfied that the relationship is genuine and that the couple lived together for the required period. This page explains who qualifies, the 12-month cohabitation rule, what proof helps, and how to reduce the risk of a refusal. Every relationship is different, so the safest first step is a review with a licensed RCIC.

Not sure if your common-law relationship will meet IRCC’s expectations? Book a consultation for an eligibility and evidence review, or start a common-law sponsorship assessment.

Book a Common-Law Sponsorship ConsultationStart a Common-Law Sponsorship Assessment

What is common-law partner sponsorship?

Common-law partner sponsorship lets an eligible Canadian citizen, permanent resident, or person registered under the Indian Act sponsor a partner they are not married to, as part of Canada’s family class. The key difference from marriage-based sponsorship is that you prove your relationship through a shared life and a period of living together, rather than a marriage certificate. It can lead to permanent residence for your partner if the application is approved.

The 12-month rule. Common-law partner sponsorship requires at least 12 months of continuous cohabitation in a conjugal relationship. Short, temporary absences may be acceptable, but long separations can create problems.

Who qualifies as a common-law partner?

To be sponsored as a common-law partner, your partner generally must be someone who is not legally married to you, is at least 18, and has lived with you continuously for at least 12 months in a genuine, conjugal relationship. Common-law partners can be of any gender. The relationship must be genuine and not entered into mainly to obtain permanent residence.

CategoryPlain-English meaning
SpouseYou are legally married.
Common-law partnerNot married, but you have lived together continuously for at least 12 months.
Conjugal partnerNot married and not living together, in a committed relationship for at least 1 year, with real barriers that prevent marriage or living together; partner is outside Canada.

The 12-month cohabitation rule

Common-law status is built on living together continuously for at least one year. “Continuously” means you maintained a shared home for that period. Short, temporary absences for work, business, or family reasons can be acceptable, but long separations can raise questions and may break the 12-month period. If you had time apart, be ready to explain the timing and the reasons clearly.

If you stopped living together, timing and reasons matter. Short, explained absences may be acceptable; long separations need careful handling.

What evidence can support a common-law relationship?

IRCC looks for proof that you have built a real, shared life together, not only that you keep in touch. Stronger applications usually combine several categories of proof rather than relying on one type. No single document is enough on its own, and quantity does not replace quality.

Stronger evidence (combined)Weaker on its own
Shared home: lease or mortgage and bills in both namesOnly photos
Joint finances: joint accounts, shared insurance, beneficiariesOnly chat or call logs
Same address on government ID and official mailOnly social media posts
Proof of living together over time, with consistent datesA single recent document

Evidence must show a real shared life, not only messages or calls. Documents should be consistent, and the dates should line up.

To sponsor a common-law partner, you generally must be at least 18 and be a Canadian citizen, a permanent resident, or a person registered under the Canadian Indian Act. You usually need to be living in Canada. A Canadian citizen living abroad may sponsor if they can show they will live in Canada once their partner becomes a permanent resident. A permanent resident living outside Canada cannot sponsor. You also sign an undertaking to support your partner financially. For a spouse, common-law partner, or conjugal partner, the undertaking is 3 years outside Quebec. Quebec has its own undertaking rules. You may not be eligible if, for example, you are in default on a previous undertaking, or are receiving social assistance for a reason other than a disability.

Applicant eligibility and admissibility

Your partner must be in a genuine relationship with you and must be admissible to Canada. Depending on the case, this can involve medical, security, and background requirements. IRCC also assesses whether the relationship is genuine and ongoing. Honest, well-documented applications that match the facts are the most reliable way to address these requirements.

Inland vs outland common-law sponsorship

You will often hear sponsorship described as inland or outland. Inland usually refers to the spouse or common-law partner in Canada class, where your partner is in Canada with you. Outland usually refers to the family class processed through a visa office, often used when your partner is outside Canada. The right route depends on the facts of your case, including where your partner lives and whether they want to work in Canada while waiting. For married couples, see our Spousal Sponsorship page.

Common-law sponsorship and open work permits

Some common-law partners sponsored from inside Canada may be eligible for an open work permit after an Acknowledgement of Receipt, depending on their status, location, relationship facts, and IRCC’s current instructions. Whether it applies to you depends on your specific situation, so confirm before relying on it. Learn more on our Spousal Open Work Permit page, which also covers sponsored common-law partners.

Common reasons common-law applications run into problems

Applications often run into trouble when the couple cannot clearly show 12 months of continuous cohabitation, when the proof is thin or all from one short period, when there were long separations that are not explained, or when documents do not match (different addresses, gaps in dates). A past refusal, prior immigration history, or limited paperwork makes careful preparation even more important. These are common examples, not a judgment on your relationship.

Sponsor sideApplicant side
Not meeting sponsor eligibilityAdmissibility concerns
In default on a previous undertakingWeak or inconsistent relationship evidence
On social assistance (except disability)Unexplained long separations
Living abroad as a PR (cannot sponsor)Prior refusals not addressed

If there is immigration history, a prior refusal, divorce, long separation, or limited documents, do not guess. Get a file review.

How MAK helps with common-law sponsorship

MAK Canadian Immigration is led by licensed RCICs. We confirm your eligibility as a sponsor, assess whether the 12-month cohabitation and genuineness requirements are met, help you organize strong and consistent evidence of a shared life, choose the inland or outland route, and prepare and submit a complete application. We do not promise outcomes, because no one can, but we help you put forward the strongest, most accurate application for your relationship.

Official IRCC links

Frequently asked questions

What is common-law partner sponsorship?
It lets a Canadian citizen, permanent resident, or person registered under the Indian Act sponsor a partner they are not married to but have lived with continuously for at least 12 months, as part of the family class.
Who counts as a common-law partner?
Generally, someone you are not legally married to, who is at least 18, and with whom you have lived together continuously in a conjugal relationship for at least 12 months.
What does the 12-month cohabitation rule mean?
Common-law partner sponsorship requires at least 12 months of continuous cohabitation in a conjugal relationship. Short, temporary absences may be acceptable, but long separations can create problems.
Is common-law sponsorship easier than marriage-based sponsorship?
No. It is a different path with the same need to prove a genuine relationship. Common-law cases often need stronger documentary proof of living together.
What evidence helps prove a common-law relationship?
Proof of a shared home and address, joint finances, and day-to-day life together, supported by photos, travel, and letters from people who know you. No single document is enough on its own.
Can we apply if we stopped living together for a while?
It depends on why and for how long. Short, explained absences may be acceptable; long separations need careful handling. A file review is the safest step.
Can my partner work while we wait?
Some common-law partners sponsored from inside Canada may be eligible for an open work permit after an Acknowledgement of Receipt, depending on their status, location, relationship facts, and IRCC’s current instructions.
Is this inland or outland sponsorship?
Either can apply. Inland usually refers to the spouse or common-law partner in Canada class; outland usually refers to the family class through a visa office. The right route depends on the facts.
Do you guarantee approval?
No. No one can guarantee an immigration result. We help you submit a complete, accurate, and well-supported application.
How is this different from spousal sponsorship?
Spousal sponsorship is for married couples. Common-law sponsorship is for unmarried couples who have lived together for at least 12 months. See our Spousal Sponsorship page if you are married.

Talk to a licensed RCIC about common-law sponsorship

Bring your partner to Canada with a well-prepared application. Book a common-law sponsorship consultation with a licensed RCIC at MAK Canadian Immigration, or start an assessment, and we will help you build the strongest, most honest case for your relationship.

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