Is common-law 12 months or 3 years?

For Canadian immigration purposes, a couple is considered common-law once they have lived together continuously for 12 consecutive months in a committed, marriage-like relationship. This is the standard used by IRCC when assessing eligibility for spousal or common-law sponsorship and other family-class applications. If you’re unsure how these rules apply to your situation, experienced Canadian immigration consultants can help you, or you can also review a complete overview of the sponsorship pathway on our Spousal Sponsorship page.

The 12-month period must be uninterrupted, but short, temporary separations for work, travel, or family reasons are acceptable as long as the couple maintains their relationship and shared responsibilities.

The idea of a “3-year rule” does not apply to immigration. That longer timeline is used in some provincial or territorial family laws for matters such as property division, spousal support, or other rights after a relationship ends. While certain provinces require two or three years of cohabitation for specific legal rights, these rules have no impact on federal immigration eligibility.

To prove a common-law relationship to IRCC, couples must demonstrate cohabitation and a shared life. Evidence may include joint leases or mortgages, shared utility accounts, combined finances, insurance policies, or mail showing a shared address, along with other documents that show an established and ongoing partnership. For a full breakdown of acceptable documentation, see our related FAQ: “What is proof of common-law partner in Canada?”

If you need help preparing proof of common-law status or determining whether you qualify, you can easily book an appointment with our team. Information on professional service pricing is available on our Immigration Consultant Fees page.