Lease or Property Records
Joint leases, rental agreements, property records or other housing documents can help establish a shared residence.
FAMILY
Sponsor your common-law partner for Canadian permanent residence when you have built a genuine life together and meet the applicable requirements.
Assess Your Common-Law CaseCOMMON-LAW SPONSORSHIP
For Canadian family sponsorship purposes, a common-law partner is a person who is not legally married to you but has lived with you in a conjugal relationship for at least 12 consecutive months.
Common-law status is based on the reality of your shared life together rather than simply on whether you describe yourselves as a couple.
IRCC may look at your period of cohabitation, shared household, financial arrangements, relationship history and other evidence showing that you have established a genuine common-law relationship.
If the requirements are met, an eligible Canadian citizen or permanent resident may sponsor their common-law partner for permanent residence.
COHABITATION REQUIREMENT
A common-law couple must generally have lived together continuously for at least 12 consecutive months before qualifying as common-law partners for immigration purposes.
Short and temporary periods apart may not necessarily break the continuity of the relationship. For example, a partner may need to travel temporarily for work, business or family obligations.
However, simply being in a relationship for 12 months is not enough. The couple must generally establish at least 12 months of qualifying cohabitation.
Common-law status generally requires 12 consecutive months of living together, not simply being romantically involved for one year.
Review My CohabitationSUPPORTING EVIDENCE
Common-law applications normally require evidence supporting both the relationship and the required period of cohabitation.
Joint leases, rental agreements, property records or other housing documents can help establish a shared residence.
Bills, correspondence or household records showing both partners at the same address may help demonstrate cohabitation.
Identification, tax records, government correspondence or other official documents showing a common address may be useful.
Joint accounts, credit arrangements, insurance, beneficiary designations or shared expenses may help demonstrate financial interdependence.
Photographs, travel records, communication and other documentation can help explain how the relationship developed over time.
Evidence showing that friends, relatives and others recognize you as a couple can form part of the overall relationship evidence.
EVIDENCE CHALLENGES
Couples do not always organize their finances and household in the same way.
One partner may be the only person listed on a lease, utility account or mortgage, or a couple may maintain separate bank accounts even though they genuinely live together.
This does not necessarily mean the relationship cannot qualify. Instead, the complete evidence should be considered to determine how the 12-month cohabitation period can be documented.
Different combinations of evidence may be available to establish a shared household. The goal is to provide a clear and consistent picture of your life together.
Review My EvidencePERIODS APART
A couple does not necessarily have to be physically together every single day during the qualifying period.
Brief work or business travel may be compatible with continuous cohabitation where the shared home remains the couple's residence.
A temporary absence related to family responsibilities may not necessarily interrupt the qualifying period.
The nature and duration of an absence matter. IRCC describes acceptable periods apart during the qualifying year as short and temporary.
Longer periods apart can raise questions about whether the required continuous 12 months of cohabitation were actually established.
AFTER QUALIFYING
Once a couple has established a common-law relationship through at least 12 consecutive months of cohabitation, they do not necessarily lose that status simply because they later live apart temporarily.
The relationship must still be genuine and ongoing. If either partner chooses to end the relationship, IRCC considers the common-law relationship to be over.
Where partners are temporarily living apart because of employment, immigration, education or family circumstances, evidence of the continued relationship may be important.
If you previously established common-law status but are now temporarily separated, the reason, duration and continued nature of the relationship should be reviewed carefully.
Discuss My SituationSPONSOR ELIGIBILITY
The sponsor must meet Canada's general family sponsorship requirements.
The sponsor must be at least 18 years old when applying.
The sponsor must generally be a Canadian citizen, permanent resident, or a person registered in Canada under the Indian Act.
Permanent residents generally must live in Canada to sponsor. Canadian citizens abroad may be able to sponsor if they show that they plan to return to Canada when the sponsored partner becomes a permanent resident.
The sponsor agrees to provide financial support to the sponsored partner during the applicable undertaking period.
Previous spousal or partner sponsorships, an existing sponsorship undertaking, certain financial defaults, social assistance, bankruptcy, removal orders or certain criminal convictions may affect eligibility to sponsor.
The sponsor must agree to provide financial support for the sponsored partner's basic needs during the applicable sponsorship undertaking period.
In particular, a person who became a permanent resident through spousal or partner sponsorship generally cannot sponsor a new spouse or partner until five years have passed, and a sponsor may also be restricted while a previous three-year spousal or partner undertaking remains in effect.
SPONSOR RESPONSIBILITY
Outside Quebec, the sponsorship undertaking for a common-law partner generally lasts for three years beginning when the sponsored partner becomes a permanent resident.
In most common-law sponsorship cases, there is no standard minimum income requirement. However, the sponsor must still meet the applicable sponsorship eligibility requirements and agree to support the sponsored partner.
Separation after permanent residence is granted does not cancel or shorten the undertaking.
The sponsor remains financially responsible during the applicable undertaking period even if the relationship later changes.
Check Sponsor EligibilityPARTNER IN CANADA
A common-law partner who lives with the sponsor in Canada may be able to apply through the Spouse or Common-Law Partner in Canada class, depending on the circumstances.
Immigration status should still be reviewed carefully. A permanent residence sponsorship application does not by itself give the applicant authorization to work in Canada.
A sponsored common-law partner living in Canada may also be eligible to apply for an open work permit if the applicable IRCC requirements are met.
The sponsorship application and temporary immigration status should be planned together, especially when an existing work or study permit is approaching expiry.
Review My StatusAPPLICATION PROCESS
The application includes both the sponsor's sponsorship application and the partner's permanent residence application.
Review the 12-month cohabitation period and determine whether common-law status has been established.
Review whether the sponsor meets the applicable Canadian sponsorship requirements.
Gather documents supporting both the qualifying cohabitation period and the genuine nature of the relationship.
The principal applicant submits the sponsorship application and permanent residence application together online.
Complete applicable biometrics, medical examinations, background checks and any additional documentation requested by IRCC.
IMPORTANT INFORMATION
Couples sometimes believe they are automatically common-law because they have been dating for a long time, share expenses or spend most of their time together.
For Canadian immigration purposes, the key question is generally whether the couple has actually completed the required period of qualifying cohabitation in a conjugal relationship.
Dates, addresses and supporting documents should therefore be reviewed carefully before selecting common-law sponsorship as the application category.
AddPlus Immigration Solutions Inc. can review your cohabitation history and supporting documents to help determine whether you have established common-law status for immigration purposes.
Contact UsBUILD YOUR FUTURE TOGETHER
Tell us about your cohabitation history, relationship and current immigration circumstances, and our team can help you assess your common-law sponsorship options and next steps.
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