Marriage is not required to sponsor a partner for Canadian permanent residence. Under the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR), Canadian citizens and permanent residents can sponsor a common-law partner — defined as a person who has cohabited with the sponsor in a conjugal relationship for at least 12 consecutive months. This guide explains what common-law partnership means in Canadian immigration law, what evidence is required, how it differs from conjugal partner sponsorship, and how to navigate the inland vs outland decision.
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 legal definition that IRCC uses — not the provincial common-law definition (which varies and may require 2 or 3 years of cohabitation for property purposes).
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:
| Factor | Common-Law Partner | Conjugal Partner |
|---|---|---|
| IRPR definition | s.1(1) — 12 months cohabitation | s.1(1) — 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 separated by legal/immigration barriers preventing cohabitation |
| Evidence focus | Proving you lived together for 12 months | Proving a serious relationship AND explaining why you could not cohabit |
| IRCC scrutiny level | Standard — same as married sponsorship | Higher — 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:
Inland (In-Canada)
Sponsored partner is currently in Canada
- ✓Partner must be physically in Canada at time of application and at permanent residence grant
- ✓Eligible to apply for an open work permit simultaneously — can work while waiting
- ✓Cannot leave Canada without affecting the application (or must apply for travel document)
- ✓Typically slower processing than outland
- ✓Application submitted to IRCC Mississauga Processing Centre
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's service standard for spousal and common-law partner sponsorship is 12 months for most applications. Actual processing times vary significantly by application type and volume. Check the IRCC website for current processing time estimates before applying.
Sponsor eligibility review
1–3 monthsIRCC confirms the sponsor meets Canadian citizenship/PR requirements and financial obligations.
Application completeness check
Included in aboveApplication returned if incomplete. A complete application avoids weeks of delays.
Background and security checks
ConcurrentCBSA, CSIS, and RCMP checks run for both sponsor and sponsored partner.
Medical examination
Requested after initial reviewUpfront medical exams (valid 12 months) can speed up processing. Ask your doctor about IME-authorized panel physicians.
Decision and PR confirmation
9–15 months total (typical)Inland: COPR issued, partner becomes PR. Outland: immigrant visa issued, partner activates PR at port of entry.
Document Checklist
Complete list for common-law sponsorship applications
Get checklistFee Calculator
Estimate government fees for sponsorship application
Calculate feesFrequently 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 an Undertaking promising to financially support the sponsored partner for 3 years from the date they become a permanent resident. The sponsor agrees the sponsored partner will not require social assistance during this period.
Important: This tool provides general information based on publicly available Canadian immigration law (IRPA). Results are not a determination of admissibility. Only a CBSA officer at a port of entry can make admissibility decisions. For complex legal situations, professional guidance may also be beneficial.