Parrainage de conjoint de fait

Common-Law Partner Sponsorship allows an eligible Canadian citizen, permanent resident or person registered under the Indian Act to sponsor a partner for permanent residence when the couple is not legally married but has lived together in a conjugal relationship for at least 12 consecutive months.

For immigration purposes, simply being in a long-term relationship or referring to someone as a partner does not automatically create common-law status. IRCC looks at whether the couple has actually established the required period of continuous cohabitation and whether the relationship is genuine.

Anka Canada Immigration Consulting assists couples with assessing common-law eligibility, reviewing cohabitation and relationship evidence, determining the appropriate sponsorship class and preparing the permanent residence application and supporting submissions.

Services are provided by Volkan Sacilik, RCIC-IRB, CICC Licence No. R1042981.

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Who Is Considered a Common-Law Partner?

For family sponsorship purposes, a common-law partner generally:

• is not legally married to the sponsor;

• is at least 18 years old;

• has lived with the sponsor in a conjugal relationship for at least 12 consecutive months;

• is in a genuine relationship with the sponsor and not a relationship entered into only for immigration purposes; and

• is not inadmissible to Canada.

The 12 months of cohabitation must generally be continuous. Short and temporary absences, such as those related to family obligations or business travel, do not necessarily interrupt the period, but long periods of living apart can affect whether the requirement has been met.

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What Does “Living Together for 12 Months” Mean?

Common-law status is based on more than having the same mailing address.

IRCC considers whether the couple has actually shared their lives in a marriage-like or conjugal relationship for at least 12 consecutive months.

Evidence may include:

• joint leases or property documents;

• documents showing the same residential address;

• joint bank accounts or financial arrangements;

• utility, insurance or other household records;

• government or institutional records showing common residence;

• correspondence addressed to both partners;

• evidence of shared responsibilities and expenses; and

• other documentation showing the couple's combined household and relationship.

The appropriate evidence depends on the couple's circumstances. Not every couple will have the same documents.

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What If the Couple Has Spent Time Apart?

Short, temporary absences during the initial 12-month cohabitation period may be acceptable where the couple otherwise continued living together and the absence was temporary.

IRCC gives examples such as temporary absences for work, business travel or family obligations.

However, substantial periods apart during the period being relied upon to establish common-law status may create an eligibility issue.

Once common-law status has been established, the circumstances of any later separation should also be reviewed carefully, particularly where the couple continues to describe the relationship as ongoing.

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Common-Law Sponsorship or Spousal Sponsorship?

The appropriate category depends on the couple's legal relationship.

A couple that is legally married generally applies through Spousal Sponsorship.

A couple that is not legally married but has completed at least 12 consecutive months of qualifying cohabitation may apply through Common-Law Partner Sponsorship.

If a couple has not married and cannot establish the required common-law cohabitation because of significant barriers, the much narrower Conjugal Partner Sponsorship category may need to be considered instead.

Learn more: Spousal Sponsorship →

Learn more: Conjugal Partner Sponsorship →

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Family Class or Spouse or Common-Law Partner in Canada Class?

Common-law partners may potentially be sponsored under different classes depending on where the couple lives and their circumstances.

Family Class

Family Class is generally relevant where the sponsored partner lives outside Canada.

It may also be used in certain situations involving an applicant who is physically in Canada, depending on the couple's circumstances and preferred processing route.

Spouse or Common-Law Partner in Canada Class

This class is generally available where the common-law partner is living with the sponsor in Canada and meets the applicable immigration requirements.

The correct route should be determined before filing because residence, temporary status, travel plans and other practical considerations can affect which class is appropriate.

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The Sponsorship Undertaking

For sponsorship outside Quebec, the undertaking for a common-law partner generally lasts for three years after the sponsored partner becomes a permanent resident.

The undertaking remains in effect even if:

• the relationship later ends;

• the couple separates;

• the sponsored partner becomes a Canadian citizen; or

• either person moves elsewhere.

The financial obligation should therefore be understood before the sponsorship application is submitted.

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Proving a Genuine Common-Law Relationship

There are two related but distinct issues in a common-law sponsorship application:

Has the couple met the legal 12-month cohabitation requirement?

and

Is the relationship genuine?

Evidence may therefore need to establish both the shared residence and the broader relationship.

Depending on the couple, relevant evidence may include:

• residential history;

• shared finances and household expenses;

• joint insurance or benefits;

• communication;

• travel and time spent together;

• photographs and significant relationship events;

• recognition of the relationship by family and friends;

• future plans;

• children, where applicable.

The objective is to present a coherent picture of the relationship rather than simply accumulating a large volume of documents.

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Can a Sponsored Common-Law Partner Work in Canada?

Certain common-law partners who are living in Canada and being sponsored for permanent residence may qualify for an open work permit.

The principal applicant must generally be living in Canada, be included in the permanent residence application and have confirmation that IRCC is processing the PR application. Current IRCC rules generally require an Acknowledgement of Receipt, subject to a limited exception in certain situations where temporary status or work authorization is close to expiring.

Submitting a sponsorship application does not itself create authorization to work.

Learn more: Open Work Permit for Sponsored Spouses & Partners in Canada →

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Common Issues in Common-Law Sponsorship Applications

Applications can become more complicated when:

• the couple has not actually completed 12 consecutive months of cohabitation;

• there are significant gaps in the claimed cohabitation period;

• addresses or dates differ between immigration forms and supporting records;

• one partner previously declared a different marital status in another immigration application;

• tax, employment, insurance or other records contain inconsistent relationship information;

• there is limited documentation of shared residence;

• previous marriages or relationships were not properly disclosed;

• children or other family members were not properly declared;

• the wrong sponsorship class is selected.

Common-law applications often require particular attention to dates and consistency, because the timing of when common-law status began can affect information provided in immigration forms and previous applications.​

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How Anka Canada Immigration Consulting Can Assist

Anka can review the couple's cohabitation history, relationship evidence, previous immigration records and sponsor eligibility to determine whether the common-law requirements appear to have been met.

Where retained, we can also organize cohabitation and relationship evidence, identify inconsistencies or documentary gaps, prepare the sponsorship and permanent residence forms, and provide representative submissions addressing the relevant relationship history and immigration circumstances.

The objective is to ensure that the claimed common-law period, relationship history and supporting evidence are presented accurately and consistently throughout the application.

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Important Information

Common-law sponsorship requirements and application procedures can change. Eligibility depends on the circumstances of the sponsor and applicant, the history of their cohabitation and the rules in force when the application is submitted.

This page provides general information only and does not guarantee common-law recognition, sponsorship eligibility or permanent residence approval.