Common-Law Sponsorship Canada Requirements
Common-law partner sponsorship is a form of Spousal Sponsorship that allows a Canadian citizen, a person registered in Canada as an Indian under the Indian Act, or a permanent resident to sponsor a partner for permanent residence if the relationship meets IRCC’s common-law definition. In most cases, this means living together in a genuine, marriage-like relationship for at least 12 consecutive months. IRCC also looks at whether the sponsor is eligible to sponsor, whether the principal applicant can be approved in the common-law category, and whether the facts of the relationship support the application. Some cases may need closer review because of unusual timelines or changes in circumstances.
What Is Common-Law Partner Sponsorship and Who Qualifies?
Common-law partner sponsorship allows a Canadian citizen, a person registered in Canada as an Indian under the Indian Act, or a permanent resident to sponsor a partner for permanent residence when the couple is not legally married but qualifies as common-law under Canadian immigration law.
This category can apply to both opposite-sex and same-sex couples. See our LGBTQ+ Spousal Sponsorship page for more information.
For this category, IRCC generally requires that the couple:
- are not legally married to each other
- have lived together in a marriage-like relationship for at least 12 consecutive months
- have cohabited continuously overall, with only short and temporary absences
- are in a genuine and ongoing relationship
A long-term relationship by itself is not enough. For example, a couple who have dated for years but have not lived together continuously for 12 consecutive months would not usually qualify as common-law.
Many couples do not realize they may already qualify once they have established a shared household and lived together for the required period. Couples who are engaged or planning to marry but do not yet meet the common-law definition may need to consider a different immigration strategy first. Learn more on our Fiancé Sponsorship page.
Common-law cases are not only about meeting the 12-month rule, but also about being able to show it. IRCC expects evidence of shared residence and shared household history, such as joint leases, rental agreements, shared utility bills, or important documents showing the same address. Learn more about the Spousal Sponsorship Document Checklist.
If the couple is legally married, the case usually falls under the married spouse category rather than the common-law category. If at least one partner chooses to end the relationship, IRCC considers the common-law relationship to be over.
Who Can Sponsor a Common-Law Partner?
In a common-law sponsorship case, the sponsor is the person applying to sponsor their partner. In most cases, the sponsor must meet the eligibility requirements, including the following:
- be a Canadian citizen, a person registered in Canada as an Indian under the Indian Act, or a permanent resident
- be at least 18 years old
- generally be eligible under Canada’s family sponsorship rules
- not be barred from sponsoring because of certain defaults, insolvency, social-assistance-related issues, or certain criminal matters under IRCC’s sponsorship rules
The sponsor and the principal applicant are assessed separately. It is not enough for the relationship itself to qualify as common-law. The sponsor must also qualify to submit the sponsorship.
A sponsor must sign an undertaking to financially support the sponsored partner’s basic needs. For a spouse or common-law partner, this undertaking lasts 3 years from the day the sponsored person becomes a permanent resident. It continues even if the relationship ends or the sponsor’s financial situation changes. Applicants should also plan for the government processing costs and related expenses. See our Spousal Sponsorship Fees page.
Some sponsor-side issues are often missed. A person may not be able to sponsor if they:
- are still bound by an earlier sponsorship undertaking
- previously sponsored someone who received social assistance during the undertaking period and did not repay it
- are in default of child support or spousal support
- have an undischarged bankruptcy
- have certain criminal convictions, depending on the nature of the offence and IRCC’s sponsorship rules
There is also an important five-year rule. A person who was sponsored to Canada as a common-law partner, spouse, or conjugal partner generally cannot sponsor a new spouse or partner until 5 years have passed since becoming a permanent resident.
Where the sponsor lives can also matter:
- a Canadian citizen may sponsor while living abroad if they can show they intend to live in Canada when the sponsored partner becomes a permanent resident
- a permanent resident generally cannot sponsor from outside Canada
Issues such as child custody, child support, spousal support, prior relationship obligations, the Family Law Act, or a private cohabitation agreement do not by themselves determine sponsor eligibility, but related defaults, unresolved obligations, or other legal circumstances can still matter under sponsorship rules.
Who Can Be Sponsored as a Common-Law Partner?
The person being sponsored is the principal applicant. To qualify in this category, that person must meet the immigration definition of a common-law partner and must also be admissible to Canada.
Key applicant-side points include:
- the applicant must be at least 18 years old
- the applicant must qualify as a common-law partner under IRCC’s rules
- the relationship must be genuine
- the applicant must be admissible to Canada
- the details of the relationship and the category chosen must stay consistent throughout the application
In plain language, admissibility means that issues such as criminal, medical, security, or misrepresentation concerns may affect whether the person can be approved for permanent residence.
Where the applicant is applying from can affect the process path, which is better explained on the dedicated Spousal Sponsorship Inside vs Outside Canada and Spousal Sponsorship Processing Time pages.
The principal applicant may already have temporary status in Canada or may be living abroad.In some in-Canada cases, the principal applicant may also be eligible for a spousal open work permit, depending on the current rules and the stage of the file.
How IRCC Assesses a Common-Law Sponsorship Application
IRCC does not decide a common-law sponsorship application based only on the labels a couple uses for their relationship. The core question is whether the application supports the common-law category claimed under immigration rules.
When reviewing a common-law case, officers will generally look closely at whether:
- the timeline supports at least 12 consecutive months of cohabitation
- any periods apart were short and temporary rather than long breaks
- the relationship appears genuine and ongoing
- the category chosen matches the facts
- the information is consistent across the Spousal Sponsorship supporting documents, forms, and explanations
A practical way to reduce problems is to make sure the application tells one clear story. Dates should match across forms and supporting records, any periods apart should be explained, and the relationship evidence should support the cohabitation timeline being claimed. Because category fit and cohabitation history matter, officers may look closely at whether the facts support the common-law definition.
If the evidence is weak, inconsistent, or does not support the category claimed, the application may face serious problems, including refusal. Learn more on our Spousal Sponsorship Refusal page.
Special Common-Law Sponsorship Situations
Some common-law sponsorship cases are straightforward, while others need more explanation because the facts are less typical. These situations do not automatically prevent sponsorship, but they can require clearer timelines, better explanations, or more careful category choice.
Examples include:
- one partner was living outside Canada for part of the relationship
- the couple had unusual housing arrangements or moved frequently
- one or both partners have a previous marriage or separation history
- there are family-law issues involving child custody, child support, or spousal support
- the couple later becomes legally married after first qualifying as common-law
- the relationship changes after the application is filed, such as separation, interruption of cohabitation, or another material change in circumstances
Previous relationship history can affect how the timeline is understood. A recent separation, unresolved obligations from an earlier relationship, or overlapping dates may make it more important for the application to clearly explain when the common-law relationship began and how the category fits the facts.
A private cohabitation agreement or a provincial family-law label may form part of the background, but it does not determine the immigration result on its own. “Common-law” in family law is not always the same as common-law in immigration law.
If at least one partner chooses to end the relationship, IRCC considers the common-law relationship to be over. If circumstances change after filing, the effect depends on the facts and the stage of the application. In some situations, a sponsor or applicant may also need to consider whether withdrawal is appropriate, depending on the stage of processing and the change in circumstances. Learn more on our Spousal Sponsorship Withdrawal page.
