Common-Law Sponsorship in Canada: Requirements
You can sponsor a common-law partner for Canadian permanent residence without being married. IRPR s.1(1) requires that you have lived together in a conjugal relationship for at least one year. The sponsor must be 18 or older and a Canadian citizen, a permanent resident or a person registered under the Indian Act. An officer decides from your proof.
$1,260
IRCC’s fee to sponsor a spouse or common-law partner
$85
Biometrics, per person
About 26 months
IRCC’s published time inland, outside Quebec
About 18 months
IRCC’s published time outland, outside Quebec
Processing times are IRCC's published figures outside Quebec, as this site last checked them on November 11, 2026. The Processing Times page tracks IRCC’s published figures for every family stream.
What is a common-law partner under immigration law?
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. It is not the same as a provincial common-law definition, which varies by province and serves other purposes.
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. The 12 months must be continuous, not 12 months spread out over several years.
- Cohabitation
- You must actually live together, at the same physical address. Long-distance relationships do not qualify as common-law.
- Conjugal relationship
- A marriage-like relationship with a significant degree of commitment: you support each other financially and emotionally and present yourselves in public as a couple, beyond sharing a home.
- 12 consecutive months
- Continuous, without long periods apart. Time apart should have been short and temporary, such as business travel or family obligations.
To be a sponsor you generally must be at least 18, be an eligible Canadian citizen, permanent resident or person registered under the Canadian Indian Act, and sign a sponsorship undertaking. Permanent residents must be living in Canada to sponsor. The Spousal Sponsorship Guide covers the sponsor rules.
The rule
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.
What does IRCC ask you to prove?
The single most important thing you will need to prove is that the 12-month cohabitation happened. IRCC asks for proof that you share the same home, support each other financially and emotionally, have children together if you do, and present yourselves in public as a couple.
The Statutory Declaration of Common-law Union (IMM 5409) asks about joint tenancy, such as a shared lease, mortgage or utility bills, and about financial interdependence. It is signed by hand before a person authorized to administer the declaration.
If you lived apart temporarily, IRCC accepts at most 10 pages of proof of communication. IRCC’s checklist for your stream is the final word, and the Document Checklist lists the documents for common-law sponsorship applications.
How is a common-law partner different from a conjugal partner?
| Factor | Common-law partner | Conjugal partner |
|---|---|---|
| IRPR definition | s.1(1): 12 months cohabitation | s.2, conjugal relationship 1+ year, no cohabitation required |
| Cohabitation required? | Yes, must actually live together | No, this is for couples who cannot cohabit |
| Typical use case | Unmarried couples who live together | Couples kept apart by legal, immigration, religious or other reasons that prevent living together or marrying |
| Where the partner applies from | Inside or outside Canada (either class) | Outside Canada only (family class) |
| Open work permit available? | Yes, if living in Canada with the sponsor (either class) | IRCC’s permit page lists conjugal partners living in Canada with the sponsor, though the PR application is made from outside Canada |
Conjugal partner sponsorship is reserved for situations where legal, immigration, social, cultural, religious or other reasons genuinely prevented living together or marrying.
What changes between inland and outland?
| Factor | Inland (in Canada) | Outland (outside Canada) |
|---|---|---|
| Where the partner lives | With the sponsor in Canada, holding temporary resident status, unless IRCC’s public policy for spouses exempts them | Outside Canada. The partner can remain in their home country while the application is processed |
| Open work permit | May apply once IRCC sends the acknowledgement of receipt confirming the PR application is complete, so they can work for almost any employer while waiting | Only if the partner lives in Canada with the sponsor, after the acknowledgement of receipt. A partner abroad cannot work in Canada on it |
| Travel | Leaving Canada during processing can affect the application | Can visit Canada while the application is pending, if they meet the entry rules and satisfy a border officer at each entry |
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. For an outland application, an interview may be required, and IRCC says so in writing.
The in-Canada spousal and 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. The Open Work Permit guide explains the categories.
What happens after you apply?
Sponsor eligibility review
IRCC confirms the sponsor meets Canadian citizenship or PR requirements and financial obligations.
Application completeness check
IRCC returns the application if it is incomplete.
Background and security checks
The person you sponsor and their family members must pass background and security checks.
Medical examination
IRCC sends medical exam instructions after you submit the complete application. The exam is done by a panel physician on IRCC’s list, not your own doctor, and results are valid for 12 months.
Decision and PR confirmation
Inland: IRCC issues a Confirmation of Permanent Residence (COPR) and the partner becomes a PR from within Canada. Outland: IRCC issues a COPR and, if the person needs one, a permanent resident visa, and the partner becomes a PR on entry to Canada.
IRCC publishes processing-time estimates for the outland family-class stream and, separately, for the inland stream, and they change over time. They are IRCC’s estimates based on its inventory and processing capacity, not a maximum or a guarantee.
Which free tool checks your own case?
Free, with no account. What you enter in a tool stays in your browser.
What do people ask?
What are the common-law sponsorship requirements in Canada?
You and your partner must have lived together in a conjugal relationship for at least one year, under IRPR s.1(1). The sponsor must be 18 or older and a Canadian citizen, a permanent resident living in Canada, or a person registered under the Indian Act. The sponsor signs an undertaking to support the partner for 3 years after they become a permanent resident (outside Quebec). The Spousal Sponsorship Guide covers the sponsor rules.
What is on the common-law sponsorship document checklist?
The core is proof that you lived together for 12 continuous months: a joint lease or mortgage, bills at the same address, joint bank accounts, and ID showing one address. Couples also file the Statutory Declaration of Common-law Union (IMM 5409), along with the sponsorship forms IMM 1344 and IMM 5532. IRCC's checklist for your stream is the final word. The Spousal Sponsorship Document Checklist guide walks through every form.
How long does common-law sponsorship take?
IRCC's published processing time for spouse and partner sponsorship outside Quebec was about 26 months for inland applications and about 18 months for outland applications when this site last checked, on November 11, 2026. IRCC counts that time from the day it receives a complete application to the officer's decision, and the figure moves with its workload. The Processing Times page tracks IRCC's published figures for every family stream.
How much does common-law sponsorship cost?
IRCC's fee for sponsoring a spouse or common-law partner is $1,260: $660 for sponsorship and processing, plus the $600 right of permanent residence fee. Biometrics add $85 per person, up to $170 for a family. Fees change, so confirm the amounts on IRCC's fee list before you pay. The Fee Calculator adds up the government fees for your family.
Can my common-law partner get a work permit during sponsorship?
Yes, if they live with you in Canada, in either stream. A partner who lives with you in Canada and holds valid temporary status may apply for an open work permit once IRCC sends the acknowledgement of receipt confirming the permanent residence application is complete. It is separate from the family open work permit that IRCC narrowed on January 21, 2025. A partner living outside Canada cannot get it. The Open Work Permit guide explains the categories.
What if we separated briefly during the 12-month cohabitation period?
Short separations for work, study or family reasons can still fit inside the 12 months when you explain them. What matters is that you kept a shared home and the relationship continued. Long or unexplained periods apart are more likely to be questioned. The Proof of Relationship guide lists the evidence officers look at.
Can I sponsor a common-law partner if I am a permanent resident?
Yes. Canadian citizens and permanent residents aged 18 or older can both sponsor a common-law partner. A permanent resident must be living in Canada to sponsor, while a citizen who lives abroad must show they plan to live in Canada once the partner becomes a permanent resident. A person who was sponsored as a partner generally waits 5 years to sponsor a new partner, under IRPR s.130(3). The Who Can Sponsor a Spouse guide covers each case.
Is there a minimum income requirement to sponsor a common-law partner?
In most cases, no. A spouse, common-law partner or conjugal partner application generally has no minimum necessary income test. The main exception is when the partner you sponsor has a dependent child who has a child of their own; then an income test can apply and a Financial Evaluation form may be needed. The income test mainly applies to parents and grandparents. The Spousal Sponsorship Guide explains the exception.
Part of:Sponsoring family
- Inland vs Outland Spousal Sponsorship: Which Is Better?
- Spousal Sponsorship Document Checklist for Canada
- Proof of a Genuine Relationship for Spousal Sponsorship
The textbook on this subject
Volume 2: Immigrating to Canada $79
The economic and family pathways to permanent residence, explained from the published criteria.
Follow on Facebook to hear when the library opens (opens in a new tab)Official sources
This page is based on law and policy published by the Government of Canada.