Common-Law Partner — Definition for Immigration
Two people in a conjugal relationship who have cohabited continuously for at least 12 months. Treated equivalently to spouses for most immigration purposes — eligible for spousal sponsorship, accompanying-dependant status, and CRS spousal-factor points.
What is a common-law partner?
A common-law partner under IRPR s.1 is a person who has cohabited with another person in a conjugal relationship for at least 12 continuous months.
Common-law partnership is recognized identically to legal marriage for nearly all Canadian immigration purposes — sponsorship, accompanying-dependant status on PR applications, Express Entry CRS spousal-factor points, etc.
Key requirements
To establish common-law status:
- Conjugal relationship — the relationship is intimate, interdependent, and characterized by shared lives. Not just shared housing.
- Continuous cohabitation for 12 months — uninterrupted. Brief separations (vacation, work travel) don't break continuity. Extended separations may.
- Both partners can be of any gender — Canada recognizes same-sex common-law partnerships equally.
Evidence of common-law status
Standard evidence for IRCC includes:
- Joint lease or property ownership documents
- Joint utility bills, bank accounts, credit cards, insurance policies
- Drivers licence / government ID showing same address
- Photos at multiple milestones with dated context
- Communication records showing relationship development before cohabitation
- Statutory declaration (IMM 5409) signed by both partners and commissioned
When the 12-month requirement is hardest to meet
Common-law status can be hard to prove for couples who:
- Started cohabiting recently (most common gap)
- Live apart for work reasons during the 12-month period
- Cannot legally cohabit in their country of nationality (LGBTQ+ couples in countries where the relationship is illegal — may qualify as conjugal partners instead)
Common-law vs. married vs. conjugal partner
- Married: legally married — recognized regardless of cohabitation period
- Common-law: cohabiting in conjugal relationship for 12+ continuous months — equivalent to marriage for IRCC
- Conjugal partner: in a 1+ year conjugal relationship where cohabitation has been legally or immigration-barred; narrowest category, limited use
Halani's note
Common-law status is one of the most heavily-evidenced areas of immigration files. Vague claims fail; specific dated evidence succeeds. We help couples assemble the strongest possible evidence package.
Not sure how Common-Law Partner applies to your file?
Halani Immigration Services Inc. — Regulated Canadian Immigration Consultant (RCIC-IRB R711322). Free eligibility assessment, no obligation.
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