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Family Sponsorship

Common-Law Sponsorship Canada, How to Sponsor Without Being Married

You do not have to be married to sponsor your partner for Canadian PR. The key is proving you have lived together in a genuine relationship for at least 12 continuous months.

Last verified: June 2026

Short answer: no, you do not need to be married to sponsor your partner for Canadian permanent residence. Under the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR), an eligible Canadian citizen, permanent resident, or person registered under the Canadian Indian Act can sponsor a common-law partner, defined as a person who has cohabited with the sponsor in a conjugal (marriage-like) relationship for at least 12 continuous months. To be a sponsor you generally must be at least 18 and sign a sponsorship undertaking; permanent residents generally must be living in Canada to sponsor. For a straightforward spouse or common-law partner application there is generally no minimum income (LICO) requirement. The single most important thing you will need to prove is that the 12-month cohabitation genuinely happened. This guide explains what a common-law partnership means in Canadian immigration law, exactly what evidence officers look for, how it differs from conjugal partner sponsorship, how to choose between inland and outland processing, and what the timeline and undertaking obligations are. It is educational information, not legal advice; an IRCC officer decides every case, and for advice on your situation you should consult a licensed immigration lawyer or a CICC-regulated consultant.

What Is a Common-Law Partner Under IRPA?

Under IRPR s.1(1), a common-law partner means a person who is cohabiting with another person in a conjugal relationship, having so cohabited for a period of at least one year. This is the federal immigration definition that IRCC uses, and it is not the same as the provincial common-law definition (which varies by province and may require two or three years of cohabitation, mostly for property or tax purposes). What this means for you: even if your province would not yet treat you as common-law, you may still qualify for immigration sponsorship once you reach 12 continuous months of living together. For example, if you and your partner moved into the same home on March 1, 2025 and have lived there together since, you would generally reach the 12-month threshold around March 1, 2026, as long as the relationship is genuine and you can document that you actually shared a residence the whole time. The 12 months must be continuous, not 12 months spread out over several years.

🏠

Cohabitation

Must actually live together, same physical address. Long-distance relationships do not qualify as common-law.

❤️

Conjugal Relationship

A marriage-like relationship: mutual commitment, emotional ties, physical intimacy, and shared life. Not just roommates.

📅

12 Consecutive Months

Must be continuous. Brief separations (work travel, family visits) are generally acceptable but gaps must be explained.

Evidence Required to Prove Common-Law Partnership

The most critical part of a common-law sponsorship application is proving that you have genuinely cohabited for 12+ consecutive months. IRCC officers look for multiple independent types of evidence. A strong application includes evidence from several of the following categories:

🏠 Joint Tenancy / Lease

Very strong
  • Joint residential lease or rental agreement with both names
  • Mortgage documents showing both names
  • Utility bills showing both names at the same address

🏦 Financial Interdependence

Strong
  • Joint bank account statements
  • Joint credit cards
  • Beneficiary designations on insurance, RRSP, or pension showing your partner
  • Joint tax returns (in Canada or abroad)

📋 Official Documents Showing Shared Address

Strong
  • Driver's licences showing same address
  • Government ID showing same address
  • Medical records, insurance documents at same address
  • Vehicle registration showing same address

📸 Proof of Shared Life

Moderate (supporting)
  • Photos together over 12+ months (with dates and captions)
  • Evidence of shared vacations, holidays, family events
  • Social media posts showing relationship publicly
  • Attendance at family events of each other

📝 Statutory Declarations

Moderate (supporting)
  • Sworn statutory declaration from both partners describing the relationship and cohabitation
  • Statutory declarations from friends and family members who can confirm the relationship
  • Declarations must be witnessed by a commissioner of oaths or notary

🌐 Communication Records

Supplementary
  • If you lived apart temporarily, provide call logs, messages, video chat records
  • Correspondence addressed to both at same address (mail, packages)
  • Evidence of combined grocery/household expenses

Common-Law vs Conjugal Partner: What's the Difference?

Many people confuse common-law and conjugal partner sponsorship. They are distinct legal categories under IRPR:

FactorCommon-Law PartnerConjugal Partner
IRPR definitions.1(1): 12 months cohabitations.1(1), conjugal relationship 1+ year, no cohabitation required
Cohabitation required?Yes, must actually live togetherNo, this is for couples who CANNOT cohabit
Typical use caseUnmarried couples who live togetherCouples separated by legal/immigration barriers preventing cohabitation
Evidence focusProving you lived together for 12 monthsProving a serious relationship AND explaining why you could not cohabit
IRCC scrutiny levelStandard, same as married sponsorshipHigher, conjugal is a category of last resort
Open work permit available?Yes (inland)No

Key takeaway: Conjugal partner sponsorship is not for couples who choose not to live together or are not yet ready to commit. It is reserved for situations where a legal or immigration barrier genuinely prevented cohabitation (e.g., a foreign national who could not obtain a visa to move to Canada or the sponsor's country).

Inland vs Outland Common-Law Sponsorship

Common-law partners can apply under two streams depending on where the sponsored partner currently lives. Both are valid: the labels refer to where the application is processed, not to the nature of your relationship.

Inland (In-Canada)

Sponsored partner is currently in Canada

  • Partner must hold valid temporary status in Canada and live with the sponsor here
  • May apply for an open work permit once the PR application is confirmed complete, so they can work for almost any employer while waiting
  • This in-Canada spousal/partner open work permit is a separate stream from the family open work permit for spouses of students and workers that IRCC narrowed on January 21, 2025; verify your eligibility on IRCC before relying on it
  • Leaving Canada during processing can affect the application; confirm current rules before travelling
  • Submit the application online through IRCC; confirm current submission instructions on the IRCC website

Outland (Outside Canada)

Sponsored partner is outside Canada

  • Partner can remain in their home country while application is processed
  • Can visit Canada while application is pending (if visa/eTA not blocked)
  • Interview may be required at a Canadian visa office abroad
  • No simultaneous open work permit, cannot work in Canada until PR is granted
  • Processing times may be faster or slower depending on the visa office

Processing Timeline

IRCC publishes a service standard for the overseas (outland) family-class stream and current processing-time estimates that change over time; the in-Canada (inland) stream is processed separately. Actual processing times vary significantly by application type and volume. Check the IRCC processing-times tool for current estimates before applying rather than relying on a fixed number.

1

Sponsor eligibility review

IRCC confirms the sponsor meets Canadian citizenship/PR requirements and financial obligations.

2

Application completeness check

Application returned if incomplete. A complete application helps avoid delays.

3

Background and security checks

CBSA, CSIS, and RCMP checks run for both sponsor and sponsored partner.

4

Medical examination

Upfront medical exams (valid 12 months) can speed up processing. Ask your doctor about IME-authorized panel physicians.

5

Decision and PR confirmation

Inland: COPR issued, partner becomes PR. Outland: immigrant visa issued, partner activates PR at port of entry. For an overall timeline, check the current IRCC processing-times tool rather than a fixed estimate.

Frequently Asked Questions

Does common-law partnership have to be declared to IRCC before sponsoring?+

No pre-declaration is required. However, if you have previously applied for immigration benefits (visitor visas, study permits, etc.) and failed to disclose an existing common-law relationship when asked, this may raise credibility concerns. Consistency across all applications matters.

Can same-sex common-law partners be sponsored?+

Yes. Canadian immigration law explicitly includes same-sex partners. The definition of common-law partner in IRPR applies equally regardless of gender or sexual orientation.

What if we separated briefly during the 12-month cohabitation period?+

Brief separations for travel, work assignments, or family emergencies do not automatically break the cohabitation requirement, but they must be explained. Extended separations (months apart) are more problematic. Document the reason for any gap and provide evidence that the relationship continued during the separation (messages, flights, visits).

Can I sponsor a common-law partner if I am a permanent resident, not a citizen?+

Yes. Both Canadian citizens and permanent residents who are at least 18 years old can sponsor a common-law partner. Permanent residents must be residing in Canada to sponsor (with limited exceptions).

Is the sponsor financially responsible for the sponsored common-law partner?+

Yes. Sponsors sign a sponsorship undertaking promising to provide for the sponsored partner's basic needs. Outside Quebec, the undertaking for a spouse, common-law partner, or conjugal partner is generally 3 years from the day the person becomes a permanent resident. The sponsor agrees the partner will not need to rely on social assistance during that period, and if the partner does receive social assistance the sponsor may have to repay it. Quebec sets its own undertaking length, so confirm the Quebec figure on IRCC or with the Quebec immigration ministry if you live there.

Is there a minimum income requirement to sponsor a common-law partner?+

In most cases, no. For a straightforward common-law partner, spouse, or conjugal partner application there is generally no minimum necessary income (LICO) test. The main exception is if the partner you are sponsoring has a dependent child who has their own child; in that case an income requirement can apply and a Financial Evaluation form may be needed. The LICO income test mainly applies to sponsoring parents and grandparents. Always confirm the current rule on IRCC, because requirements can change.

Can the person I sponsor later sponsor a new partner?+

Generally not right away. Under IRPR s.130(3), a person who was sponsored as a spouse or partner usually cannot sponsor a new spouse or partner until 5 years after they became a permanent resident (the "5-year sponsorship bar"). This rule is designed to discourage relationships entered into mainly to gain status. Confirm how it applies to your situation on IRCC or with a licensed professional.

How long does common-law sponsorship take, and how much does it cost?+

IRCC publishes a service standard and current processing-time estimates that change over time, so check the IRCC processing-times tool for an up-to-date figure rather than relying on a fixed number. On fees, biometrics are $85 per person (to a family maximum of $170) as of December 1, 2025; the sponsorship and permanent residence application fees are set separately and change periodically, so confirm the current amounts on IRCC before you pay. An officer, not this guide, decides each application.

Do brief work trips or visits to family break the 12-month cohabitation?+

Not automatically. IRCC accepts that couples who genuinely live together sometimes spend short periods apart for work, study, or family reasons. The key is that you maintained a shared home and the relationship continued. Short, explained absences are generally fine; long or unexplained periods living apart are more likely to be questioned. Keep evidence (messages, travel records, a consistent shared address) covering any gap so an officer can see cohabitation continued.

Official sources

This page is based on law and policy published by the Government of Canada.

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Educational platform · Not legal advice