12 Months
Cohabitation Required
$1,345
Government Fees
18+
Years of Approvals
CICC
Licensed & Regulated
Two Pathways for Unmarried Couples
Common-Law vs Conjugal: Which Pathway Applies to You?
Canada recognizes two family sponsorship pathways for unmarried couples.
Understanding which applies to your situation before you apply is one of the most important decisions you will make.
Common-Law Partner Sponsorship
If you and your partner have lived together continuously in a marriage-like conjugal relationship for at least 12 consecutive months, common-law sponsorship is your pathway.
It is the most used option for unmarried couples and offers the same rights and processing timelines as spousal (marriage) sponsorship.
- Cohabited 12+ continuous months anywhere in the world
- Both opposite-sex and same-sex couples equally eligible
- No marriage certificate required
- Open Work Permit available (inland applications)
- Same fees and processing times as spousal sponsorship
Key Requirements: You must have already completed 12 consecutive months of cohabitation before submitting the application. Future plans to live together do not count.
Conjugal Partner Sponsorship
If you have been in a committed relationship for at least 12 months, have spent time together in person, and a genuine barrier beyond your control prevents you from living together or getting married, conjugal partner sponsorship may apply.
This is IRCC's most misunderstood and most scrutinized category.
- Relationship of 12+ months with documented genuine barrier
- Partner must be outside Canada (outland only, no inland option)
- Higher burden of proof than any other sponsorship category
- Long-distance preference alone does not qualify
- Professional guidance is strongly recommended for all cases
Key Requirements: IRCC designed the conjugal category for genuinely trapped couples, not couples who prefer long distance or have not yet reached 12 months of cohabitation. Officers apply the barrier requirement strictly and are trained to identify misuse of this category. An example of an appropriate use of the conjugal category is Couples who cannot marry because divorce is not permitted in the country of origin; or same sex couples where same sex relationships are illegal.
Quick Comparison: All Three Partner Sponsorship Pathways
| Feature | Common-Law Partner | Conjugal Partner | Spousal (Married) |
|---|---|---|---|
| Cohabitation required | Yes, 12 months | Inside or outside Canada | Not required |
| Marriage required | No | No | Yes |
| Barrier required | No | Permitted | No |
| Inland option available | Yes | No (outland only) | Yes |
| Open Work Permit | Yes (inland) | No | Yes (inland) |
| Avg. processing time | ~12 months | ~12 months | ~12 months |
| Government fees | $1,345 | $1,345 | $1,345 |
| Interview location (if required) | Moderate-High | Very High | Lower |
| IAD appeal rights (outland) | Yes | Yes | Yes |
What is Common-Law?
What is a Common-Law Partner in Canada?
Under the Immigration and Refugee Protection Regulations (IRPR), a common-law partner is a person who has lived with you in a marriage-like relationship continuously for at least 12 months. This is a precise legal definition that differs from provincial common-law rules and applies equally to opposite-sex and same-sex couples.
- Two people (opposite-sex or same-sex) in a conjugal relationship
- Living together continuously for at least 12 months (365 days)
- Genuine romantic relationship, not just roommates
- Combined financial and social affairs
- Relationship intended to be permanent
- Cohabitation can have occurred anywhere in the world
Common-Law vs Marriage: Key Differences
Aspect
Common-Law
Marriage
Ceremony
Not Required
Required
Certificate
None Exists
Required
Proof Burden
Higher
Lower
Cohabitation
Must Prove
Not Required
Common Misconceptions About Common-Law Sponsorship
Myth
Living together makes us automatically common-law from day one.
Fact
You must complete exactly 365 consecutive days of cohabitation before signing the application. Not one day less.
Myth
We need a common-law agreement or registration.
Fact
No registration or contract is required. IRCC's definition is independent of provincial rules.
Myth
Provincial common-law rules determine our immigration status.
Fact
Federal immigration law applies regardless of province. Provincial definitions are irrelevant to IRCC.
Myth
We can count the time we were in a relationship but living apart.
Fact
Only time physically living together at the same address counts. Dating while living separately is not cohabitation.
Wondering if your relationship qualifies? Get a clear assessment from our Calgary RCIC team.
The 12-Month Requirement
The 12-Month Cohabitation Requirement Explained
The 12-month cohabitation requirement is the single most important and most misunderstood element of common-law sponsorship. IRCC counts days precisely. This section explains exactly what counts, what does not count, and how to calculate your eligibility date correctly.
Day 1
Move-In Date
The clock starts the day both partners begin living at the same address. Document this date precisely.
Months 1-11
Accumulating Cohabitation
Continue living together. Short absences for work or emergencies are acceptable with documentation. Significant breaks may reset the clock.
Day 365+
Eligibility Reached
You may now sign the application forms. Wait 366-380 days as a safety buffer. The signing date, not the submission date, determines eligibility.
After Day 365
Submit Application
Submit online through the IRCC portal. AOR arrives within 4 to 6 weeks if the application was perfect at the time of submission.
What Counts vs What Does Not
Living at same address
Counts
Cohabitation abroad (any country)
Counts
Short breaks: work travel, emergencies (with explanation)
Counts (with explanation)
Dating while living separately
Does NOT count
Sleeping over frequently but maintaining separate addresses
Does NOT count
Breaks of 3+ weeks without documentation (may reset clock)
May reset clock
Relationship time before moving in
Does NOT count
Breaks in Cohabitation
- Breaks under 3 weeks for work, school, or family emergencies are generally acceptable with a detailed explanation letter as long as they are infrequent.
- You are still considered common law if you are living separately after you have lived together for 1 year continuously, as long as your relationship continues and you intend to cohabit again as soon as you possibly can.
For example, one partner may be working in a different location.
- Multiple breaks with no clear reason are problematic and can trigger refusal
- Evidence of maintaining a separate permanent home during the cohabitation period can be a serious red flag without a logical explanation.
Eligibility Requirements
Common-Law Partner Sponsorship Eligibility Requirements
Common-law partner sponsorship requirements mirror spousal sponsorship for the sponsor.
The key difference is the cohabitation requirement for the applicant.
Sponsor Requirements
- Age 18 or older
- Canadian citizen or permanent resident
- Residing in Canada if a PR; citizens may live abroad
- Not receiving social assistance (except disability)
- No active removal order or disqualifying criminal conviction
- Not in default on prior sponsorship undertakings
- Not sponsored as a spouse or partner yourself in the past 5 years
No Minimum Income
There is no minimum income requirement to sponsor a common-law partner to Canada, unless grandchildren are part of the application.
Common-Law Partner Requirements
- Age 18 or older
- Lived with sponsor for 12+ continuous months in a conjugal relationship
- Not inadmissible to Canada for criminality, security, or health
- In a genuine marriage-like relationship (not platonic roommates)
- Relationship is ongoing and intended to be permanent
- Not currently in another common-law or marriage relationship
Already Married to Someone Else?
You may still qualify as common-law IF you are legally separated from your legal spouse. You must provide a separation agreement or evidence of separation and must not be cohabiting with your legal spouse.
Inland vs Outland: Common-Law Considerations
- Inland advantage: Easier to prove cohabitation with Canadian address documents
- Outland advantage: Full IAD appeal rights if refused
- Cohabitation abroad (any country) counts toward the 12 months
❌
Inland risk: No IAD appeal rights if refused
⚠️Outland note: Must have already lived together 12+ months even if partner is now abroad
Relationship Evidence
How to Prove Your Common-Law Relationship to IRCC
IRCC requires common-law couples to prove their relationship through documentary evidence across four categories. Unlike married couples who can rely on a marriage certificate, common-law partners must build a comprehensive evidence package covering the entire 12-month cohabitation period.
Category 1: Cohabitation Evidence
Tier 1 — Must Have:
- Joint lease or mortgage with both names covering the full 12 months
- Joint property ownership documents
- Government-issued ID showing same address: driver's licences, provincial health cards, tax documents, voter registration
- Utility bills in both names: electricity, gas, water, internet
- Mail addressed to both at same residence: bank statements, CRA correspondence
- Joint insurance policies: home, car, tenant insurance
Tier 2 — Highly Recommended:
- Delivery confirmations to shared address
- Joint memberships: gym, streaming, warehouse clubs
- Mail from family/friends addressed to both at same address
Category 2: Financial Interdependence
- Joint bank account statements for the entire 12-month period
- Joint credit cards or shared credit card statements
- Joint loans or debts: car loans, personal loans
- Shared expense documentation: e-transfer receipts for rent, groceries
- Life insurance naming each other as beneficiary
- Pension or RRSP beneficiary designations
- Joint investments or savings accounts
- Tax returns declaring common-law status to CRA
Category 3: Social Recognition
- Photos together throughout the 12-month period (20-30)
- Photos with each other's families at holidays, events, gatherings
- Social media posts: relationship status, tagged photos, check-ins at shared address
- Letters from 3 to 5 family members or friends confirming the relationship
- Travel bookings for two: flights, hotels, trip itineraries
- Emergency contacts naming each other
Category 4: Commitment to Relationship
- Children together: birth certificates naming both parents
- Documentation of future plans: home shopping, trip planning
- Joint pet ownership: vet records, pet insurance
Document Checklist
Required Documents for Common-Law Partner Sponsorship
IRCC expects a complete, properly organized application at submission. Missing or expired documents are the most common cause of returned applications.
Sponsor Documents
- Proof of Canadian citizenship (passport or citizenship certificate) or PR card
- Proof of income: Notice of Assessment and letter of employment
- IMM 1344 (Application to Sponsor)
- IMM 5532 (Relationship Information and Sponsorship Evaluation)
- IMM 5476 (Use of Representative, if working with a consultant)
Common-Law Partner Documents
- Valid passport: biodate page and any pages with Canadian visa/ stamps/ markings
- Birth certificate with certified translation if not in English or French
- Police certificates from every country lived in for 6+ months since age 18
- Medical exam results from an IRCC-approved panel physician only
- Passport photos: meeting IRCC specifications exactly
- IMM 0008, IMM 5669, IMM 5406, IMM 5532
- Children’s documents for your kids aged less than 22 years
Relationship Proof Documents
Tier 1 — Must Have:
- Joint lease or mortgage covering the full 12-month period
- Joint bank account statements for the entire 12 months
- Government IDs showing same address for both partners
- Statutory Declaration of Common-Law Union (notarized, IMM 5409)
Note: Lots of people come to us saying they won’t qualify as common-law because they don’t have a joint lease. We can still make it work. We just have to get creative with gathering enough other evidence to prove the full 12 months cohabitation. If you are in a situation like this, book a consultation with us!
Tier 2 — Strongly Recommended:
- Utility bills in both names for the full 12-month period
- Joint insurance policies
- Tax returns declaring common-law status
- 20-30 photos spanning the entire 12-month period
Tier 3 — Strengthens Application:
- Letters of support from 3 to 5 family members or friends
- Social media evidence of relationship
- Travel bookings together
- Shared purchase receipts
Application Process
Common-Law Partner Sponsorship Application Process
The common-law process follows the same stages as spousal sponsorship with two critical additional steps unique to common-law applications at the very beginning.
Confirm 12 Months Complete
Calculate exact cohabitation start and end dates. Ensure 365+ days are complete before signing. Do not submit early.
Gather Cohabitation Evidence
Collect documents covering the entire 12-month period. Organize chronologically. Prepare explanation letters for any gaps or unusual circumstances.
Complete All Forms
Complete IMM 1344, IMM 5532, IMM 0008, IMM 5669, IMM 5406 and IMM 5409. Inconsistencies are a leading cause of refusal.
Pay Government Fees
Pay $1,175 CAD in IRCC fees. All fees are non-refundable once submitted. Keep all payment receipts.
Submit and Receive AOR
Submit online through IRCC. Save a complete copy. Acknowledgment of Receipt arrives within 2 to 4 weeks.
Biometrics and Medical
Book biometrics within 30 days of the instruction letter. Complete medical exam with an IRCC-designated panel physician only.
Background Checks
IRCC conducts security and criminal screening on both the sponsor and the partner. Relationship evidence is reviewed for genuineness.
COPR Issued and Landing
Confirmation of Permanent Residence is issued. Your partner becomes a Canadian PR when they complete the landing process before the visa expiry date.
Processing Times & Fees 2026
Common-Law Sponsorship Processing Times & Government Fees
Common-Law Open Work Permit
If your partner is living with you in Canada, they may become eligible for an Open Work Permit after receiving the AOR. This allows your partner to work for any Canadian employer while the PR application is processed.
Processing Times 2026
Inland Average: ~26 Months
Outland Average: ~16 Months
4 to 6 Weeks
Acknowledgement of Receipt (AOR) Spouse Open Work Permit can be submitted, for eligible applicants, once AOR is received.
2 to 4 Months
Sponsor Eligibility Assessment, Background Checks & Relationship Review
Final Stage
COPR Issued & Partner Lands
$90
Common-Law
Sponsorship Application Fee
$570
Principal Applicant Processing Fee
$600
Right of Permanent Residence Fee (RPRF)
$85
Biometrics Fee
Additional costs include the immigration medical exam ($200 to $400), police certificates, certified true copy and certified translation fees, and courier costs. Verify current amounts on the IRCC website before submitting any application.
$1,345
Total Government Fees (CAD)
Note that fees are subject to change
Common Challenges & Solutions
Common Challenges in Common-Law Applications & How to Overcome Them
These are the six most common situations that complicate common-law applications, along with how our RCICs approach each one.
1
Proving 12 Months of Cohabitation
Not enough documents with both names
Most documents are only in one person's name
In this digital age, there is usually evidence available; it just might not be the standard documents. The Way Immigration has represented many common law couples who thought they had no evidence, and we put together enough for an approval: photos at the shared home, social media check-ins, affidavits from neighbours or your landlord confirming both people lived there.
2
Different Addresses on Government IDs
Driver's licence or health card shows old address
Government ID still shows old individual address
Explain the reason in a letter. Provide multiple other documents confirming the actual shared address. Update IDs before applying wherever possible.
3
Gaps in Cohabitation Due to Work or School
One partner traveled for work for 6+ weeks
A gap in cohabitation exists with no explanation in the file
Gaps in cohabitation can pose a serious threat to your ability to receive approval for a common law application. If you have multiple gaps, or more than 3 weeks spent apart at a time, we strongly recommend meeting with our office to assess your options.
4
No Joint Financial Documents
Finances kept completely separate
No joint bank accounts or shared financial records exist
Show individual bills from both partners going to the same address. Provide e-transfer receipts for shared costs. Explain cultural or practical reasons for separate finances.
5
Recently Reached the 12-Month Mark
Just hit 12 months, limited documentation
12 months just reached with limited documentation built up
Consider waiting 1 to 2 additional months. Ensure documents cover the entire 12-month period, not just the most recent months. Meet with a professional to uncover additional evidence that you have not considered. At The Way Immigration, we are really good at finding proof of cohabitation.
6
Living With Parents or Roommates
Shared house with family or housemates
Shared a house with other people during the cohabitation period
Prove you shared a bedroom and private space as a couple. Get affidavits from housemates or family confirming you lived as a couple. Include photos showing your belongings together.
Expert Guidance
If your situation is complex, include a detailed proactive explanation letter addressing potential concerns before IRCC asks. Meet with an expert to ensure that your explanation is actually helpful to your application. Often people get into trouble by providing information that is not needed, and excluding evidence that is required. Do not leave an officer to draw their own conclusions about anything unusual in your application.
Why Applications Fail
The Real Challenges Couples Face with Common-Law Sponsorship
Based on direct client experience at The Way Immigration, these are the most common challenges couples face when sponsoring a common-law partner to Canada.
Most Couples Underestimate the Evidence Required
Almost all common-law clients are completely surprised by the extent of documentation IRCC requires. Many submit superficial evidence and are shocked when applications are returned or refused. The legal evidentiary threshold is significantly higher than most couples expect.
The Hidden Cost of Applying Too Early
Submitting even one day before reaching 365 days of cohabitation, results in an automatic refusal. Many couples count dating time or frequent sleepovers toward the 12 months and submit far too early. IRCC counts days precisely with no exceptions.
IRCC Will Not Help You Fix It
Many applicants believe IRCC will request additional cohabitation evidence if something is missing. In reality, IRCC will return the application after 6 weeks or refuse it entirely. By then, some documents have expired and the process must restart from zero.
Information Overload &
Conflicting Advice Online
A majority of clients who contact The Way Immigration say they are were exhausted from going in circles online before reaching us. Forums, Reddit threads, Facebook groups, and government websites all provide conflicting information that often does not apply to their specific situation.
Fear of Separation &
Work Authorization Loss
For couples where both partners are in Canada, the biggest fear is an error forcing the sponsored partner to leave the country, resulting in months of involuntary separation and lost income. This is especially costly because the sponsored partner may lose the right to work in Canada during the delay.
The One-Error-at-a-Time Return Cycle
IRCC identifies one error at a time when returning an incomplete application. Fix it, resubmit, wait 6 weeks, receive it back for a different error. This cycle can repeat multiple times, adding months to what should have been a straightforward process.
Clients tell us they get more clarity in the first few minutes of talking to our RCICs than in weeks of online research.
Stop going in circles. Get real answers for your situation.
Why The Way Immigration
Why Couples Trust The Way Immigration
We are a team of Regulated Canadian Immigration Consultants who have been helping husbands and wives reunite in Canada since 2008. Spousal sponsorship is not a side service for us. It is a core part of what we do.
18+
Years Specializing in Spousal Sponsorship
Our RCICs have processed spousal PR applications across every complexity level. We have helped married couples from almost every country in the world, and have seen pretty much every situation that can arise in a spouse sponsorship file.
CICC
Fully Licensed and Regulated
Every consultant at The Way Immigration is a Regulated Canadian Immigration Consultant (RCIC), licensed and actively regulated by the College of Immigration and Citizenship Consultants. You are working with regulated professionals accountable to a governing body.
Avoid
Incomplete Spousal Applications Submitted
We review every document, every form, and every piece of marriage evidence before submission. Our structured preparation process means your spousal sponsorship application is complete, organized, and compelling before it ever reaches IRCC.
Local
Calgary-Based and Directly Accessible
Based in Calgary, Alberta, with coverage across Canmore. Our clients can meet with us directly, reach us by phone at (403) 265-6641, and receive personal attention that is simply not available from large online immigration processing services.
5 Star
Client Satisfaction Rating
Spousal sponsorship is one of the most important applications a person will ever submit. The outcome has direct consequences for families. Our satisfaction rating reflects how seriously we take that responsibility with every single file we handle.
Full
End-to-End File Management
From eligibility assessment through to your spouse landing in Canada, our team manages the entire spousal sponsorship file. You will always know exactly where your application stands and what is coming next.
Client Stories
Partners Reunited in Canada
Real outcomes from couples who trusted The Way Immigration with their spousal sponsorship.
Frequently Asked Questions
Spousal Sponsorship Questions Answered
Common questions from husbands, wives, and partners navigating the spousal sponsorship process in Canada in 2026.
What is a Common-Law Partner in Canada?
Under Canadian immigration law, a common-law partner is a person who has lived with you in a conjugal relationship continuously for at least 12 months. This is a federal immigration definition that is independent of provincial common-law rules. The relationship must be genuine, romantic, and both partners must have combined their financial and social affairs. Both opposite-sex and same-sex couples qualify equally.
Does the 12 Months have to be in Canada?
No. Cohabitation anywhere in the world counts toward the 12-month requirement. If you lived together in your partner's home country, in a third country, or across multiple countries, that time counts as long as you can provide documentary evidence proving continuous cohabitation for 12 months. Foreign leases and documents must be translated and certified if not in English or French.
What if we have gap in our cohabitation?
Short gaps for work travel, school, or family emergencies of 1 to 2 months are generally acceptable with a detailed explanation letter and evidence that the relationship continued during separation. Provide call logs, messages, and evidence of the intention to resume cohabitation. Gaps of 3 or more months without a clear explanation may reset the 12-month clock. If you have any breaks in cohabitation, discuss your situation with an RCIC before submitting.
Can I sponsor my common-law partner if I am still legally married to someone else?
Yes, but you must be legally separated from your legal spouse. You must provide a separation agreement or other documentary evidence of separation and must not be cohabiting with your legal spouse. A divorce is not required, but proof of legal separation is. Sponsoring a common-law partner while still cohabiting with a legal spouse is not permitted.
Can my common-law partner work in Canada during the process?
Yes, for inland applications. Approximately 4 months after submission, once the sponsor eligibility stage is approved, your partner may become eligible for an Open Work Permit allowing them to work for any Canadian employer. This is one of the most significant financial benefits of the inland pathway and should factor into your decision between inland and outland.
We just hit 12 months. Can I apply immediately?
Yes, as long as exactly 365 full days have been completed when you sign the application forms. The date you sign, not the date you submit, is what IRCC uses to determine eligibility. Many experienced RCICs recommend waiting 366 to 380 days as a safety buffer. Submitting at 11 months and 29 days results in automatic refusal. When in doubt, wait.
Do we need to be registered as common-law with the government?
No. No registration of any kind is required for immigration purposes. IRCC has its own definition of common-law that is entirely independent of provincial registration systems. A common-law agreement or cohabitation contract is also not required, though a notarized Statutory Declaration of Common-Law Union is strongly recommended as part of your evidence package.
What if most documents are only in one person's name?
Include a detailed explanation letter addressing why documents are not in both names and provide other evidence showing both people lived at the address: photos at the home together, mail addressed to both, affidavits from neighbours or the landlord, social media check-ins at the shared address, and the notarized statutory declaration. One name on documents is not automatic grounds for refusal if adequately explained and supported by other evidence.
What is a Statutory Declaration of Common-Law Union and do I need one?
A statutory declaration (IMM 5409) is a sworn statement declaring your common-law relationship, signed before a lawyer, notary public, or commissioner of oaths. It details when the relationship started, when cohabitation began, how you met, and the details of your combined affairs and future intentions. It is not legally required but is strongly recommended. Without it, IRCC has only documentary evidence with no narrative context, which weakens the overall file.
Can same-sex couples apply for common-law sponsorship?
Absolutely. Common-law sponsorship is available equally for opposite-sex and same-sex couples. Canada has recognized same-sex partnerships for all immigration sponsorship categories since 2005. The requirements are identical regardless of gender or sexual orientation.
Concerned about a potential refusal issue?
Our RCICs will identify it and address it before you submit.
Stop Going in Circles. Get Real Answers for Your Situation.
Whether you are applying as common-law or believe you may qualify as conjugal, speak with a Calgary RCIC who specializes in both pathways. Get a clear, personalized assessment of your fastest route to permanent residence.
The Way Immigration is a team of Regulated Canadian Immigration Consultants licensed by the College of Immigration and Citizenship Consultants (CICC). Immigration laws, processing times, fees, and IRCC requirements change frequently. The information on this page is provided for general informational purposes only and should not be relied upon as immigration or legal advice. All cases are individual and outcomes depend on specific circumstances. Please consult with one of our RCICs for advice tailored to your situation. Verify all government fees and processing times directly on the IRCC website before submitting any application.
