MAK Canadian Immigration Services

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Common-Law Partner Sponsorship Canada

RCIC-led help with common-law partner sponsorship in Canada: the 12-month rule, proof of a shared life, eligibility, and how to apply. Book a consultation.

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’s current guidance lists examples of proof that may help establish a common-law relationship, including shared residential property, joint leases or rental agreements, shared utility accounts, important documents showing the same address, identification documents and insurance. IRCC also says applicants do not need to include every listed item and that other proof may be considered. The applicable document checklist controls what must be submitted for the file.

Question to answer before filingRecords that may help where they genuinely exist
Does the claimed 12-month period show the same home?Lease, rental or property records, shared utilities, official mail, identification or insurance showing the same address
Are the address dates understandable across the claimed period?Dated records from different points in the cohabitation period; explain genuine gaps or delayed address updates
Were there absences during the 12 months?Travel, work or other dated records where relevant; reconcile departure and return dates with the cohabitation chronology
Do the forms and records tell the same chronology?IMM 5532 and other application forms compared with addresses, travel and supporting records

MAK review framework, not an IRCC evidence quota. The purpose is to reconcile the claimed cohabitation period and the supporting record, not to manufacture one document for every month.

How the current IMM 5533 checklist structures relationship proof

For applicants who are currently living together, IRCC’s current relationship-proof checklist asks for at least two sets of cohabitation documents from the listed categories. These include joint residential property, a rental agreement showing both partners as occupants, joint utility or financial accounts, vehicle insurance showing the same residence, government-issued documents showing the same address, or other documents issued to each partner showing the same address.

If you cannot provide documents from at least two of those sets, IMM 5533 provides a specific alternative: submit a detailed written explanation of why the listed records are unavailable and provide any other cohabitation evidence you have. That makes the issue a documentation-and-chronology problem to explain honestly, not a reason to invent joint records after the fact.

If you are not living together when the application is filed, the checklist asks for proof of ongoing contact and proof of the sponsor’s visits; where there were no visits, it directs applicants to explain that in IMM 5532. The underlying common-law definition still requires at least 12 consecutive months of prior cohabitation in a continuing conjugal relationship.

For a broader spouse or partner evidence framework covering communication, visits, photos, translations and cross-form consistency, see MAK’s Spousal Sponsorship Evidence in Canada guide.

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 RCIC representation for common-law and spousal sponsorship.

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?
Use the current document checklist for the application. IRCC lists examples of common-law proof such as shared residential property, joint leases or rental agreements, shared utility accounts, important documents showing the same address, identification documents and insurance. IRCC says you do not need every listed item and may consider other proof as well.
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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