Common-Law Partner Sponsorship: Meaning and Requirements

What is a common-law partner?

For Canadian immigration, a common-law partner is someone who isn’t legally married to you but has shared a home with you in a conjugal, marriage-like relationship for at least one year, counted as 12 consecutive months with any time apart short and temporary. Partners can be of either sex and must be 18 or older.

Built from IRPR s. 1(1), IRCC Help Centre answer 346 and Guide 5289.

The Eligibility Factors tab sets out each requirement with the regulation's wording and IRCC's.

Married couples are sponsored as spouses: see spousal sponsorship.

Three definitions of common-law: which one applies to immigration?

Only the immigration definition decides a sponsorship. The Canada Revenue Agency and the provinces each use their own test for their own purposes, so a couple can be common-law for tax or family law without meeting the immigration rule, or the reverse. The box below sets the three side by side, with British Columbia and Ontario as the family-law examples.

Immigration (IRCC)A person "cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year" (IRPR, s. 1(1)). IRCC's Help Centre describes it as living together for "at least 12 consecutive months" (IRCC Help Centre).

Tax (CRA)A person living with you in a conjugal relationship who has done so "for at least 12 continuous months", or who is "the parent of your child by birth or adoption", or who meets the CRA's custody test (CRA, Marital status). You must tell the CRA about a new marital status "by the end of the following month after your status changed" (CRA, Change your marital status).

Family law in British ColumbiaA spouse includes a person who has lived with another person in a marriage-like relationship "for a continuous period of at least 2 years", or who, except for property and pension division, "has a child with the other person" (BC Family Law Act, s. 3).

Family law in Ontario (spousal support)Ontario says you may be entitled to spousal support if you were married, "lived together as a couple for at least three years", or "were in a relationship of some permanence for any length of time and had a child together" (Ontario, Spousal support).

Only the IRCC test decides immigration sponsorship. This page gives no tax or family-law advice.

We have a child together but haven't lived together for 12 months. Are we common-law partners?

For immigration, no. The regulations define a common-law partner only by at least one year of cohabitation in a conjugal relationship, and a child together is not part of that test. For tax purposes the answer can differ, because the CRA counts the parent of your child by birth or adoption as a common-law partner.

A couple in this position is common-law for the CRA but not yet for IRCC. Count the 12 months from the day you began living together as a couple, and see the conjugal partner category if you can't live together now.

Spouse, common-law partner or conjugal partner: which category applies?

It depends on whether you are legally married to each other and whether you have lived together for 12 consecutive months. Married couples are spouses. Unmarried couples who have lived together for a year are common-law partners. The conjugal category is for committed couples who are neither, and only when the partner lives outside Canada.

QuestionSpouseCommon-law partnerConjugal partner

Relationship basisSpouse: A legally valid marriage; one performed abroad must be recognized where it took place and in Canada (Guide 5289).Common-law partner: At least one year of living together in a conjugal relationship, with no marriage between the partners (IRPR, s. 1(1); IRCC Help Centre).Conjugal partner: A conjugal relationship of at least one year with a partner who lives outside Canada (IRPR, s. 2).

Where the sponsored person livesSpouse: Inside or outside Canada (Guide 5289).Common-law partner: Inside or outside Canada, on the same basis as a spouse (Guide 5289).Conjugal partner: Outside Canada only (IRPR, s. 2; Guide 5289).

Class of applicationSpouse: Family Class, or the Spouse or Common-Law Partner in Canada class (Guide 5289).Common-law partner: The same two classes as a spouse (Guide 5289).Conjugal partner: Family Class only (Guide 5289).

Key proofSpouse: A marriage certificate or proof that the marriage was registered where it took place (Guide 5289).Common-law partner: A statutory declaration signed by both partners (IMM 5409) and evidence of the year of living together (IRCC).Conjugal partner: Evidence of the relationship and of the obstacles that kept the couple from living together or marrying (Guide 5289).

Common-law partners of any gender are sponsored on the same terms. IRCC's list says a common-law partner "can be any gender" (IRCC, Who you can sponsor), and Guide 5289 says the terms apply to couples of any gender.

Practitioner note

Common-law status is a fact, not a choice.

I don't treat common-law status as something a couple decides to claim when they are ready to sponsor. Under the immigration definition, it exists once two people have lived together in a conjugal relationship for 12 consecutive months, whatever they call themselves and whether or not they plan to apply. From that point, it has to be declared on every IRCC application they make, including visitor, study and work permit applications. A child together doesn't shorten the 12 months for immigration purposes, even though the tax rules use a different test. So before choosing a category, I establish when the couple actually became common-law partners, because that date affects this application and every earlier one.

Observation by Amer Rehman, RCIC (R515343). This is general information, not advice on your case.

We stay over at each other's homes most nights but keep separate homes. Are we common-law?

Not on those facts alone. Common-law status needs cohabitation, which IRCC's instructions describe as two people who have combined their affairs and set up one household together. Overnight stays while each partner keeps a separate home are a dating relationship in the eyes of that test, however serious the relationship is.

IRCC's instructions to officers: people who are cohabiting "have combined their affairs and set up their household together in one dwelling", and the year means "continuous cohabitation for one year, not intermittent cohabitation adding up to one year" (IRCC, Assessing a common-law relationship).

The 12 months begin when the two of you actually set up that shared home. If you can't live together, read the conjugal comparison above.

What are the requirements for common-law partner sponsorship in Canada?

Your partner must be at least 18, not legally married to you, in a genuine relationship with you and not inadmissible, and the two of you must have lived together in a conjugal relationship for at least 12 consecutive months. You must be an eligible sponsor: a citizen, permanent resident or registered Indian living in Canada.

IRCC's list for a common-law partner includes: "is not legally married to you", "is at least 18 years old", "can be any gender" and "has lived with you for at least 12 consecutive months" (IRCC, Who you can sponsor). The Help Centre words it as "isn’t legally married to you" (qnum 346).

The regulations exclude a relationship that "was entered into primarily for the purpose of acquiring any status or privilege under the Act" or "is not genuine" (IRPR, s. 4(1)).

The partners don't have to be the same or opposite sex, and the relationship must be the real one the application describes. IRPR s. 4 is written with "or", so a relationship fails if it was entered into mainly for immigration, even if it is genuine, and fails if it isn't genuine, whatever its purpose.

My partner is under 18. Can we be common-law partners?

No. The regulations say a person under 18 can't be considered a spouse or common-law partner, and IRCC's instructions add that a couple who began living together earlier is recognized as common-law only once both have cohabited for one year since both turned 18. The year starts on the later 18th birthday, not on the move-in date.

A foreign national shall not be considered "the spouse or common-law partner of a person if the foreign national is under the age of 18 years" (IRPR, s. 5(a)).

IRCC's instructions: the relationship is not recognized as common-law "until both partners have been cohabiting for one year since both were at least 18 years of age" (IRCC, Assessing a common-law relationship).

What counts as living together for the 12 months?

Living together means sharing one home as a couple and combining your affairs, continuously, for 12 months. A shared address alone doesn't prove it, and a short time apart doesn't break it. Officers look at the whole relationship, using factors drawn from the Supreme Court of Canada's decision in M. v. H.

M. v. H., a family-law decision that does not interpret the one-year immigration requirement: the Court adopted a list of characteristics of a conjugal relationship, including shared shelter, personal behaviour, services, social activities, economic support, children and how others see the couple, and said they "may be present in varying degrees and not all are necessary" (M. v. H., [1999] 2 SCR 3, para 59).

Hodge, a Canada Pension Plan decision that creates no exemption from the one-year immigration requirement: the Court said "Cohabitation" in this context "is not synonymous with co-residence". People can cohabit without sharing a roof, and can share a roof without cohabiting. A relationship ends when either partner regards it as over and shows by conduct that this is a settled intention (Hodge v. Canada, 2004 SCC 65, para 42).

IRCC's instructions to officers say a common-law relationship exists from the day two people can show they were cohabiting in a conjugal relationship, and that the applicant must prove a full year of it (IRCC, Assessing a common-law relationship). The Generic Application Form asks for the date you began living together (IMM 0008 instructions).

Practitioner note

A shared address isn't cohabitation, and overnights aren't either.

Dating, staying over most nights or keeping belongings at each other's home doesn't make a couple common-law partners. A shared address doesn't settle it either: roommates, or a couple whose relationship ended while they still shared a home, are not cohabiting as partners. The question I ask is whether the two people actually ran one household as a couple for 12 consecutive months. Living with one partner's parents can meet that test, and so can a partner who lived with the sponsor in Canada as a visitor, but I distinguish an extended stay from a shared home. I look at the living arrangements, daily routine, shared responsibilities, finances, correspondence and how family and friends saw the relationship, and I assess them together.

Observation by Amer Rehman, RCIC (R515343). This is general information, not advice on your case.

We were roommates before we became a couple. When did our 12 months start?

From the day you began living together as a couple, not the day you moved in as roommates. Sharing a home is only one factor. The Supreme Court's Hodge decision, a pension case, makes the point that people under one roof are not necessarily cohabiting, and IRCC dates the relationship from evidence of conjugal cohabitation.

Expect to explain the change: when the relationship began, what changed in the household, and what records show it. The forms ask for the date you began living together, so give the date the shared life as a couple began and use it consistently.

We live with one partner's parents, or in a shared household. Does that count?

It can. The test is whether the two of you share one household as a couple, not whether you live alone. IRCC's instructions describe cohabitation as combining your affairs and setting up a household together in one dwelling, and they don't require the dwelling to be yours alone.

The Who you can sponsor page, Help Centre answer 346, Guide 5289 and IRCC's common-law instructions do not say how officers weigh living with relatives or in a shared house. Evidence of your own shared life as a couple within the household is what the definition looks for.

My partner is in Canada as a visitor and lives with me. Does that time count toward the 12 months?

The definition sets no status requirement for the cohabitation itself, so living together in Canada while your partner is a visitor can count toward the year. A partner applying in the in-Canada class must also hold temporary resident status, or be covered by the 2005 public policy, under s. 124.

A member of the in-Canada class must "cohabit with that sponsor in Canada" and "have temporary resident status in Canada" (IRPR, s. 124).

Keep the visit and the shared home distinct in your evidence: a long stay is not automatically a shared household, and visitor status has its own conditions.

Our lease is in one name, or our mail and ID still show a parent's address. Is that a problem?

Not by itself. IRCC doesn't require any one document. The statutory declaration asks about a jointly signed lease, joint property, joint accounts, a tax declaration and life insurance, and if none apply it asks what other documentary evidence you have. Gaps need an explanation and other records that show the shared home.

IMM 5409, question 4: "If none of the above sections apply, what other documentary evidence do you have that would indicate your relationship as common-law partners?" (IMM 5409)

Guide 5289: if you can't submit an item on the checklist, "you must include a detailed explanation" (Guide 5289).

We moved to a new home during the 12 months. Does the count restart?

A move doesn't restart the year if you moved together and kept living together. The requirement is continuous cohabitation for one year, not a year at one address. The records for both homes should show the two of you together and the dates should connect without a gap.

IRPR s. 1(1), Help Centre answer 346, the Who you can sponsor page and IRCC's common-law instructions do not mention moving house during the qualifying year. List both addresses with dates in your forms.

How long can common-law partners live apart during the 12 months?

Only for short, temporary periods, and IRCC sets no number of days. The Help Centre gives family obligations and work or business travel as examples. The regulations make one exception to living together at all: partners kept apart by persecution or penal control are treated as common-law partners.

1. IRCC Help Centre. If either partner left the home, it was for "family obligations" or "work or business travel", and any time apart must have been "short" and "temporary" (qnum 346).

2. Hodge (a Canada Pension Plan decision, not an exemption from the immigration rule): periods of physical separation did not end the relationship where both intended to continue it (2004 SCC 65, para 42).

3. The regulation. A person in a conjugal relationship for at least one year who is unable to cohabit "due to persecution or any form of penal control" shall be considered a common-law partner (IRPR, s. 1(2)).

IRPR s. 1, Help Centre answer 346, the Who you can sponsor page, Guide 5289 and IRCC's instructions on assessing a common-law relationship do not set a number of days, weeks or months for an acceptable absence during the qualifying year.

Practitioner note

Absences: there is no safe number of days.

IRCC accepts short, temporary time apart for reasons such as family obligations or work and business travel. I don't apply a fixed number of days as a safe limit. I look at the reason for the absence, how long it lasted, whether the shared home was kept, whether the couple intended to resume living together and whether their conduct supports that. A business trip or a visit to care for a sick parent abroad is different from a semester abroad, months in another country waiting for a visa, or a long assignment in another city; those need closer examination and evidence. Once a couple has completed 12 consecutive months together, a later period apart for study, work or a visa refusal doesn't automatically end the relationship, and I assess whether it continued. Conjugal sponsorship is a separate category with its own demanding test, not a fallback for couples who never completed the 12 months.

Observation by Amer Rehman, RCIC (R515343). This is general information, not advice on your case.

One of us spent a semester abroad, worked in another city, cared for a parent abroad or waited abroad for a visa. Did that break the 12 months?

It depends on the reason, the length and what happened to the shared home. IRCC accepts short, temporary absences for family obligations or work travel. A long period apart, such as a semester abroad or months waiting for a visa, needs closer evidence that the household continued and that you both intended to live together again.

No official source cited here lists these examples or a limit. Show the reason for the absence, the shared home you kept, contact during the absence and the date you resumed living together.

Can I sponsor my common-law partner if we no longer live together?

Possibly, if you completed 12 consecutive months together first. Guide 5289 uses the words "living or have lived", and IRCC's instructions to officers say a couple who lived together for a year and intend to do so again can remain common-law partners while apart. A couple who never completed the year falls under the conjugal test instead.

Guide 5289: you can sponsor your common-law partner "as long as you’ve been living or have lived with your partner for at least 12 consecutive months" (Guide 5289).

IRCC's instructions: after the year of cohabitation, partners "may live apart for periods of time while still maintaining a common-law relationship", and "the longer the period of separation without any cohabitation, the more difficult it is to establish" that it still exists (IRCC, Assessing a common-law relationship).

A conjugal partner is a foreign national "residing outside Canada" who has been in a conjugal relationship with the sponsor for at least one year (IRPR, s. 2), a separate category.

Guide 5289, IRCC's common-law instructions and the Who you can sponsor page do not say how long a couple may live apart after completing the 12 months before the relationship is treated as over.

We have lived together for less than 12 months and can't live together now. What are our options?

The common-law category isn't open to you yet. If your partner lives outside Canada and you have had a committed relationship for at least a year, the conjugal partner category may apply, but it has its own test, including the reasons you couldn't live together or marry. Marriage would make spousal sponsorship available.

Our conjugal partner page explains that test and the evidence it needs.

Can I be a common-law partner while still married to someone else?

Possibly. IRCC's instructions to officers say you may be considered a common-law partner provided your marriage has broken down and you have lived separate and apart from your spouse for at least one year, during which time you must have cohabited in a conjugal relationship with your common-law partner. Cohabitation can only be considered to have started once a physical separation from the spouse has occurred. The legal spouse will not be examined, and this spouse cannot subsequently be sponsored by the principal applicant.

1. IRCC's definition: your common-law partner "isn’t legally married to you" (IRCC Help Centre).

2. IRCC's instructions to officers: persons married to third parties "may be considered common-law partners provided their marriage has broken down and they have lived separate and apart from their spouse for at least one year, during which time they must have cohabited in a conjugal relationship with the common-law partner"; "Cohabitation with a common-law partner can only be considered to have started once a physical separation from the spouse has occurred." (IRCC, Assessing a common-law relationship).

3. The same instructions: a common-law relationship "cannot be legally established if one or both parties continue to maintain a conjugal relationship with a person to whom they remain legally married" (IRCC, Assessing a common-law relationship). They point common-law applicants to the Document Checklist for common-law partners (IMM 5589).

4. The regulations: a foreign national is not a member of the family class "by virtue of their relationship to a sponsor" if, when the sponsor applied for permanent residence, the foreign national "was a non-accompanying family member of the sponsor and was not examined" (IRPR, s. 117(9)(d)); s. 125(1)(d) says the same for the in-Canada class (IRPR, s. 125(1)(d)). IRCC's instructions, for a person married to someone else who is now a common-law partner: "In the above circumstances, the legal spouse will not be examined. This spouse cannot subsequently be sponsored by the principal applicant [R117(9)(d)]." (IRCC instructions)

The instructions list evidence an officer may request where the forms don't settle the question: a signed declaration that the marriage has ended, a separation agreement, a custody order showing the breakdown, or documents removing the legal spouse as a beneficiary. We don't predict how an officer will weigh a particular separation.

Practitioner note

Still married to someone else.

A legal marriage to someone else doesn't automatically rule out common-law sponsorship, and a divorce isn't necessarily required first. What matters is that the earlier marriage actually ended and that the new cohabitation began after the physical separation. A statement that the marriage is over isn't enough on its own. I examine when the earlier relationship broke down, when the spouses stopped living together and what shows it: a separation agreement, divorce proceedings, court orders on custody, support or property, separate residences, changes to shared accounts, insurance beneficiaries or emergency contacts, and statutory declarations with corroborating evidence. Where the separation date is uncertain or the earlier relationship hasn't genuinely ended, I advise against filing until that is resolved. I also explain what the regulations say about sponsoring the legal spouse later, before anything is filed.

Observation by Amer Rehman, RCIC (R515343). This is general information, not advice on your case.

Who can sponsor a common-law partner?

A Canadian citizen, permanent resident or person registered under the Indian Act who is at least 18 and lives in Canada can sponsor a common-law partner, and must sign an undertaking. A citizen living abroad can sponsor if they will live in Canada when the partner becomes a permanent resident; a permanent resident living abroad can't.

A sponsor "who is a Canadian citizen and does not reside in Canada may sponsor" a common-law partner "if the sponsor will reside in Canada when the foreign national becomes a permanent resident" (IRPR, s. 130(2)). "If you’re a permanent resident living outside Canada, you can’t sponsor." (IRCC)

The undertaking for a common-law partner ends "on the last day of the period of three years following the day on which the foreign national becomes a permanent resident" (IRPR, s. 132).

Eligibility Points to Check

Have you lived together for 12 consecutive months?

Count from the day you began sharing a home as a couple, and check that any time apart was short and temporary. The regulation requires at least one year of cohabitation in a conjugal relationship, and IRCC describes it as 12 consecutive months (IRPR, s. 1(1); IRCC). The sections above explain absences and a later period apart.

Are both of you 18 or older?

Both partners must be at least 18. A partner under 18 can't be considered a common-law partner (IRPR, s. 5(a)), and a sponsor must be at least 18 (IRPR, s. 130(1)(a)). IRCC counts the year of cohabitation only from the time both partners were 18.

Is the sponsor a citizen or permanent resident living in Canada?

The sponsor must be a citizen, permanent resident or registered Indian who lives in Canada (IRCC). A citizen abroad may sponsor if they will live in Canada when the partner becomes a permanent resident (IRPR, s. 130(2)); a permanent resident abroad can't sponsor until living in Canada again.

Did a spouse or partner sponsor you less than five years ago?

If you became a permanent resident or citizen after being sponsored as a spouse, common-law or conjugal partner, you can't sponsor a new partner until you have been a permanent resident or citizen for at least five years before filing (IRPR, s. 130(3)). Guide 5289 adds that becoming a citizen doesn't shorten the period (Guide 5289).

Is your undertaking for a previous partner still running?

If you sponsored a previous spouse or partner and their three-year undertaking period hasn't ended, a new partner is excluded from the family class (IRPR, s. 117(9)(b)) and from the in-Canada class (IRPR, s. 125(1)(b)). IRCC's eligibility page lists the same bar (IRCC).

Was your partner declared and examined in your own permanent residence application?

If your partner was already your common-law partner when you applied for permanent residence and wasn't declared and examined, the regulations exclude them (IRPR, s. 117(9)(d); s. 125(1)(d)). The public policy that allowed some of these sponsorships ended on September 10, 2026 (IRCC). Strategic Considerations sets out the details.

Has every earlier marriage or common-law relationship ended?

A common-law relationship can't exist with more than one person at a time, and an earlier common-law relationship ends when at least one partner no longer intends to continue it (IRCC instructions). A partner still legally married to someone else needs the separation described above.

Is your partner admissible to Canada?

Your partner "must not be inadmissible to Canada" (IRCC), and Guide 5289 says the person sponsored and their family members must pass background, security and medical checks. Our inadmissibility page explains the grounds and the processes that may address them.

How do you apply to sponsor a common-law partner?

You file a sponsorship and your partner's permanent residence application together, choosing either the Family Class or the Spouse or Common-Law Partner in Canada class. Both partners sign a statutory declaration of common-law union, and the file needs evidence of the year you lived together and of the continuing relationship.

Fix the start date

Establish the day you began living together as a couple. The forms ask for it, and it must match across every application you have made.

Check the sponsor

Work through the points under Eligibility Factors, including the five-year bar and any earlier undertaking.

Choose the class

Use the comparison below. The class decides whether a refusal can be appealed and whether your partner can travel during processing.

Complete the statutory declaration

Both partners sign IMM 5409 by hand before a notary public, commissioner of oaths or commissioner of taking affidavits (IMM 5409).

Gather evidence and submit

Use your document checklist (IMM 5589), check the fee list (IRCC fees) and explain any item you can't provide. Processing times: check IRCC's current processing times.

Guide 5289: "Apply under the Family Class if" the partner lives outside Canada, lives with you in Canada but "doesn’t plan to stay in Canada while the application is being processed", or "you plan to appeal if the application is refused". Apply in the in-Canada class if your partner lives with you in Canada and has valid temporary resident status or is exempt under a public policy (Guide 5289).

IMM 5409 instructions: "This form must be completed and signed with handwritten signatures." (IMM 5409)

Practitioner note

Timeline first, documents second.

I build the residential timeline before I collect documents, then test each document against it. A lease in one partner's name, mail still going to a parent's address, identification updated late or a move during the year doesn't break cohabitation on its own, but each gap needs an explanation backed by an independent record. The start date is the day the couple began living together as partners, not the first night together or the date on a lease. That date must be the same on the statutory declaration (IMM 5409), the relationship forms, the written explanation and every earlier application. If an important document contradicts the timeline, I address it directly in the submission. I also check that the statutory declaration is signed and commissioned as its instructions require.

Observation by Amer Rehman, RCIC (R515343). This is general information, not advice on your case.

What proof of a common-law relationship does IRCC accept?

IRCC accepts a range of records rather than one required document. The statutory declaration asks about joint housing, property, accounts, a tax declaration and life insurance, and it leaves room for other evidence when those don't apply. The evidence has to cover the whole year you claim, from the start date onward.

IMM 5409 asks whether you "Have jointly signed a residential lease, mortgage or purchase agreement relating to a residence in which we both live", jointly own property, have joint accounts, have declared the union under the Income Tax Act, and name each other on life insurance (IMM 5409).

IRCC's instructions: "The onus is on the applicant to prove that they have been living common-law for at least one year" (IRCC instructions).

IMM 5409, Guide 5289, the Who you can sponsor page and IRCC's common-law instructions do not rank one type of evidence above another.

Can my partner travel or work while an in-Canada application is processed?

Travel carries a risk in the in-Canada class: Guide 5289 warns that a partner who leaves Canada before becoming a permanent resident may not be allowed back. Work is possible through an open work permit, which IRCC's public policy offers to both in-Canada and Family Class applicants who live at the sponsor's address in Canada.

I'm applying from inside Canada and need to travel. What happens if I leave?

Leaving can end the in-Canada application in practice. Guide 5289 says leaving Canada can cancel temporary resident status, that a partner who leaves may not be allowed back, and that if they can't return the sponsor must submit a new overseas application. Plan travel before choosing the class.

"If your spouse or common-law partner leaves Canada before becoming a permanent resident, they may not be allowed to come back." "If your spouse or partner can’t return to Canada, you must submit a new overseas sponsorship application." (Guide 5289)

My partner is in Canada without status. Can I still sponsor from inside Canada?

Only within the limits of the 2005 public policy. It covers a partner whose only problem is lack of status: overstaying, working or studying without authorization, or entering without a required visa or a valid passport. A partner inadmissible for other reasons is not covered and should resolve that first.

Guide 5289 lists the four situations the public policy covers and adds: "If your spouse or common-law partner is inadmissible for other reasons, they’re not covered by the public policy." (Guide 5289; 2005 public policy)

IRCC's instructions: applicants without status who aren't eligible under the policy "can be removed at any time" (IRCC, in-Canada class instructions).

Can my common-law partner work in Canada while the application is processed?

Possibly, with an open work permit. IRCC's public policy covers principal applicants in the in-Canada class and common-law partners in the Family Class, once the application is accepted for processing, if they have the same residential address as the sponsor in Canada and valid temporary resident status or a restoration application.

The policy applies to applicants "under the Spouse or Common-Law Partner in Canada Class or as a spouse, common-law or conjugal partner under the Family Class" who have "the same residential address as their sponsor in Canada at the time of application" and "a valid temporary resident status in Canada or is eligible for and has applied for restoration of status" (IRCC public policy).

IRCC: you can't apply under this policy if your permanent residence application "has been refused, withdrawn or returned", or at a port of entry (IRCC, Open work permit).

The permit is therefore not limited to the in-Canada class. Our open work permit page covers the other categories.

Why are common-law sponsorship applications refused?

The grounds come from the rules on this page: the couple didn't prove a year of cohabitation, the relationship isn't genuine or was entered into mainly for immigration, the partner is excluded because they weren't declared earlier, the sponsor isn't eligible, or the partner is inadmissible. The refusal letter states which applied.

The class decides what can happen next. A Family Class refusal can be appealed by the sponsor to the Immigration Appeal Division, with exceptions. An in-Canada class refusal has no such appeal; the route is judicial review in the Federal Court, which needs leave.

Can the sponsor appeal a Family Class refusal?

Yes, unless an exception applies. The sponsor can appeal to the Immigration Appeal Division within 30 days after receiving the decision and written reasons. There is no appeal where the partner is inadmissible for security, human rights violations, sanctions, serious criminality or organized criminality, but a misrepresentation refusal still allows the appeal for a common-law partner.

A sponsor "may appeal to the Immigration Appeal Division against a decision not to issue the foreign national a permanent resident visa" (IRPA, s. 63(1)). The notice must be received "30 days after the day on which the appellant receives the officer’s decision and the written reasons, if any, for the refusal" (IAD Rules, r. 16(a)).

No appeal for a misrepresentation finding "unless the foreign national in question is the sponsor’s spouse, common-law partner or child" (IRPA, s. 64(3)).

The IAD "may not consider humanitarian and compassionate considerations unless it has decided that the foreign national is a member of the family class and that their sponsor is a sponsor within the meaning of the regulations" (IRPA, s. 65).

Section 65 matters for excluded partners: if the partner isn't a member of the family class, for example because of s. 117(9)(d), the Division can't grant relief on humanitarian grounds.

Note: At the Immigration Appeal Division, a paid representative must be a member of a provincial law society, the Chambre des notaires du Québec, or the College of Immigration and Citizenship Consultants holding the licence class that allows IRB representation (IRB, Representation at the IAD). Amer Rehman’s licence doesn’t include IRB representation, so we don’t represent clients at the Immigration Appeal Division.

What can I do after an in-Canada class refusal?

There is no appeal to the Immigration Appeal Division for the in-Canada class. Judicial review in the Federal Court is possible, but it starts with an application for leave, and the Act sets a 15-day limit for a matter arising in Canada, counted from when you are notified of or otherwise become aware of the decision.

Judicial review "is, subject to section 86.1, commenced by making an application for leave to the Court" (IRPA, s. 72(1)), filed "within 15 days, in the case of a matter arising in Canada, or within 60 days, in the case of a matter arising outside Canada, after the day on which the applicant is notified of or otherwise becomes aware of the matter" (IRPA, s. 72(2)(b)).

What have the courts said about common-law sponsorship refusals?

Six Federal Court decisions show how judges have reviewed refusals about cohabitation and undeclared partners. None of them exempts anyone from the requirements. Each must be read in its own facts and law, and none predicts how another application will be decided. Four concern the exclusion of a partner who wasn't declared earlier.

Nguyen v. Canada (Citizenship and Immigration), 2024 FC 790

In-Canada class, exclusion under R125(1)(d). The couple said they had broken up but kept sharing a home for financial reasons. The Court held that "living together and cohabitation are not the same thing" (para 16), found the officer misread the evidence and gave unintelligible reasons, and sent the matter back (paras 15, 20, 23, 24, 27).

Liu v. Canada (Citizenship and Immigration), 2024 FC 2001

In-Canada class, exclusion under R125(1)(d). The officer's common-law finding rested almost entirely on a shared home, without engaging the evidence that the couple did not share finances or present as a couple (paras 16, 20 to 24). The application was granted (para 29).

Marshall v. Canada (Citizenship and Immigration), 2024 FC 356

In-Canada class, cohabitation not accepted; no exclusion paragraph. Tax and hospital records gave different addresses (paras 7, 15), and the Court found no procedural unfairness (para 16), but the officer failed to acknowledge a school record supporting the claimed address (paras 19 to 22). The matter was sent back (para 23).

Gill v. Canada (Citizenship and Immigration), 2025 FC 115

In-Canada class, exclusion under R125(1)(d) because the sponsor had not declared the partner. The couple's own relationship timeline, with shared expenses and financial interdependence, supported the common-law finding (paras 1 to 5), and judicial review was dismissed (para 6).

Thalisetti v. Canada (Citizenship and Immigration), 2026 FC 332

Family Class, exclusion under R117(9)(d). The officer found a common-law relationship before the sponsor's landing, but did not address evidence of roommates, separate bedrooms and separate tax filings; the reasons did not provide "a coherent and rational chain of analysis" (paras 8, 9). The decision was set aside (para 11).

Abdelgalil Abdalla v. Canada (Citizenship and Immigration), 2025 FC 1649

Not a sponsorship: a protected person included the applicant in her own permanent residence application as a common-law partner (para 12). He remained legally married to two other people, and the officer found separation and a year of cohabitation not established, applying IRCC's married-to-a-third-party wording (paras 15, 24, 26). Judicial review was dismissed (paras 27 to 29).

Note: Representation in Federal Court is outside the scope of an RCIC's authorized practice. Federal Court matters require a lawyer. We do not represent clients in Federal Court.

What should happen before refiling after a refusal?

Find the reason first. The refusal letter and the officer's reasons show whether the problem was the evidence, the relationship, an exclusion or the sponsor. A new application that repeats the same gaps meets the same result, and a statutory exclusion such as s. 117(9)(d) isn't cured by refiling.

Practitioner note

Choose the class by its consequences, and diagnose a refusal before refiling.

I don't choose between the Family Class and the in-Canada class (Spouse or Common-Law Partner in Canada) just because the partner is in Canada. The in-Canada class requires the couple to live together in Canada and the partner to have valid status or be covered by the 2005 public policy, and leaving Canada during processing carries the risk of not being allowed back in. The Family Class keeps travel flexible and gives the sponsor a right of appeal to the Immigration Appeal Division, subject to statutory exceptions. The open work permit is not an in-Canada advantage: IRCC's public policy also covers Family Class applicants who live in Canada at the sponsor's address and meet its status conditions. After a refusal, I review the refusal letter and, where appropriate, the officer's notes, and identify the actual defect before recommending a new application, an appeal or judicial review. Where an appeal is worth considering, we refer you to a representative licensed to appear before the Immigration Appeal Division; for judicial review, we refer you to independent professionals who handle Federal Court immigration litigation. Marriage can change the category, but it doesn't erase earlier declarations, credibility concerns or a statutory exclusion.

Observation by Amer Rehman, RCIC (R515343). This is general information, not advice on your case.

We married after a refusal. Does a new spousal application start fresh?

Not on the history. A new spousal application is a different category, but the forms ask about earlier relationships and IRCC sees earlier applications. IRCC's instructions say divorce and remarriage don't overcome an exclusion under s. 117(9)(d), so an exclusion that applied before still applies.

"Divorce and subsequent remarriage do not overcome exclusion under R117(9)(d)." (IRCC instructions)

See our spousal sponsorship page and refusal analysis.

What if an earlier application said one of us was single?

It needs an explanation before you apply. IRCC's visitor, study and work permit forms define common-law as a year of continuous marital-type cohabitation and require the statutory declaration if you are common-law, so an earlier "single" answer during a period you now call common-law is a contradiction an officer can see.

Visitor visa form: common-law "means that you have lived continuously with your partner in a marital-type relationship for a minimum of one year", and "If you are in a common-law union, you must also fill out the Statutory Declaration of Common-law Union (IMM 5409)" (IMM 5257 instructions). The study and work permit instructions carry the same requirement (IMM 1294; IMM 1295).

A person is inadmissible "for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act" (IRPA, s. 40(1)(a)).

The explanation depends on what the relationship actually was at the time of each form. If the year of cohabitation wasn't complete when you answered, "single" may have been correct; if it was, the earlier answer has to be addressed directly.

Practitioner note

Earlier applications can decide this one.

A sponsorship application is not assessed in isolation. I review every earlier visitor, study, work and permanent residence application for the relationship status declared at the time. If someone answered "single" during a period the couple now describes as common-law, I don't treat that as a paperwork detail: I establish what the form asked, what the person understood and what the relationship actually was then. There may be an innocent explanation, but it has to be established, because an unexplained contradiction affects credibility and can raise misrepresentation concerns. If the sponsor was already in a common-law relationship when they applied for permanent residence and didn't declare the partner, I examine the exclusion in the regulations before anything else. The temporary public policy for undeclared family members ended on September 10, 2026, and a later marriage, separation or reconciliation doesn't change that history. A genuine relationship doesn't, by itself, remove the consequences of non-disclosure.

Observation by Amer Rehman, RCIC (R515343). This is general information, not advice on your case.

The sponsor didn't declare the partner when immigrating. What now?

The regulations exclude a partner who was already a family member, such as a common-law partner, when the sponsor applied for permanent residence and who wasn't examined. The exclusion has narrow exceptions, and the public policy that eased it ended on September 10, 2026. On appeal, the Immigration Appeal Division can't grant humanitarian relief to an excluded partner.

Family Class: a foreign national is not a member "by virtue of their relationship to a sponsor" if, at the time of the sponsor's permanent residence application, the foreign national "was a non-accompanying family member of the sponsor and was not examined" (IRPR, s. 117(9)(d)). In-Canada class: the same words in IRPR, s. 125(1)(d).

Exceptions: the exclusion doesn't apply to a person "who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined", unless the sponsor could have made them available and didn't, or they were a separated spouse (s. 117(10), (11); s. 125(2), (3)).

"The temporary public policy allowing certain undeclared family members to be sponsored ended on September 10, 2026." "Previously undeclared family members are not eligible for family sponsorship." (IRCC, Who you can sponsor)

IRCC's instructions to officers add that where a client presents compelling reasons for not having disclosed a family member, "it may also be appropriate to consider the use of H&C factors" (IRCC instructions). That is a separate assessment with no predictable outcome, and the Immigration Appeal Division's power on humanitarian grounds is limited by IRPA s. 65, as set out under Refusals and Review.

If your partner may not have been declared in an earlier application, have the history reviewed before you file.

Schedule your consultation

A consultation is required for case-specific advice.

Frequently asked questions

What is a common-law partner for Canadian immigration, and how long do you have to live together?

A common-law partner is someone who isn’t legally married to you but has lived with you in a conjugal relationship for at least one year, without long periods apart. The regulations define the status by that year of cohabitation, and IRCC describes it as 12 consecutive months. Time apart during the year should be short and temporary.

Do I need to apply or register to be common-law in Canada?

No. There is no application to become common-law for immigration. Under IRPR s. 1(1) the status exists once the facts are met, and you prove those facts with evidence and the Statutory Declaration of Common-law Union (IMM 5409). It must be declared on IRCC applications, and the CRA separately requires you to update your marital status. The Three definitions box under Program Overview compares the rules.

Does having a child together make us common-law partners?

Not for immigration. The immigration definition depends only on at least one year of cohabitation in a conjugal relationship, so a child together doesn’t replace the 12 months. The tax rules are different: the CRA treats the parent of your child by birth or adoption as a common-law partner even without 12 months of living together.

What proof of a common-law relationship does IRCC accept?

IRCC doesn’t name a single mandatory document. The Statutory Declaration of Common-law Union (IMM 5409) asks about a joint lease or mortgage, jointly owned property, joint accounts, a common-law union declared for income tax and life insurance naming each other, and asks for other documentary evidence if none of these apply. Guide 5289 requires a detailed explanation for any checklist item you can’t submit.

Can I sponsor my common-law partner if we no longer live together?

Possibly, if you first lived together for at least 12 consecutive months. Guide 5289 says you can sponsor a partner you are living with or have lived with for that period, and IRCC’s instructions to officers say a couple who completed the year and intend to live together again can still be common-law partners while apart. Without a completed year, the conjugal category has its own test.

Can I be a common-law partner while still married to someone else?

Possibly. IRCC’s instructions to officers say a person married to someone else may be considered a common-law partner provided their marriage has broken down and they have lived separate and apart from their spouse for at least one year, during which time they must have cohabited in a conjugal relationship with the common-law partner. Cohabitation can only be considered to have started once a physical separation from the spouse has occurred. The legal spouse will not be examined and cannot subsequently be sponsored by the principal applicant.

Can my common-law partner work in Canada while the application is processed?

Possibly, with an open work permit. IRCC’s public policy covers partners sponsored in the Spouse or Common-Law Partner in Canada class and in the Family Class, once the application has been accepted for processing, if they live at the sponsor’s address in Canada and have valid temporary resident status or have applied to restore it.

What happens if a common-law sponsorship application is refused?

It depends on the class. In the Family Class, the sponsor can appeal to the Immigration Appeal Division within 30 days of receiving the decision and reasons, unless an exception in IRPA s. 64 applies; a misrepresentation refusal still allows the appeal for a common-law partner. In the in-Canada class there is no such appeal, and judicial review needs leave from the Federal Court, filed within 15 days.

Quick Facts

Related Pathways

Decision Filter

Common-law sponsorship may suit you if:

You have lived together for 12 consecutive months.
Any time apart was short and temporary.
You are both 18 or older and not married to each other.
You're a citizen or PR in Canada, or a returning citizen.

Consider alternatives if:

You are legally married to each other: see spousal sponsorship.
You have not yet lived together for 12 months.
A spouse or partner sponsored you less than five years ago.
Your partner wasn't declared when you immigrated.

Sources

Immigration and Refugee Protection Regulations, s. 1 (common-law partner; s. 1(2); family member) (fetched 2026-11-03)
Immigration and Refugee Protection Regulations, s. 2 (conjugal partner) (fetched 2026-11-03)
Immigration and Refugee Protection Regulations, s. 4 (bad faith) (fetched 2026-11-03)
Immigration and Refugee Protection Regulations, s. 5 (excluded relationships) (fetched 2026-11-03)
Immigration and Refugee Protection Regulations, s. 117 (family class) (fetched 2026-11-03)
Immigration and Refugee Protection Regulations, s. 124 (spouse or common-law partner in Canada class) (fetched 2026-11-07)
Immigration and Refugee Protection Regulations, s. 125 (excluded relationships, in-Canada class) (fetched 2026-11-03)
Immigration and Refugee Protection Regulations, s. 130 (sponsor) (fetched 2026-11-03)
Immigration and Refugee Protection Regulations, s. 132 (undertaking) (fetched 2026-11-02)
Immigration and Refugee Protection Act, s. 40 (misrepresentation) (fetched 2026-11-02)
Immigration and Refugee Protection Act, s. 63 (fetched 2026-11-02)
Immigration and Refugee Protection Act, s. 64 (fetched 2026-11-03)
Immigration and Refugee Protection Act, s. 65 (fetched 2026-11-07)
Immigration and Refugee Protection Act, s. 72 (judicial review) (fetched 2026-11-02)
Immigration Appeal Division Rules, 2022, rule 16 (fetched 2026-11-03)
Immigration and Refugee Board, Representation at the IAD (fetched 2026-11-03)
IRCC Help Centre, What is a common-law partner? (qnum 346) (fetched 2026-11-07)
IRCC, Who you can sponsor (fetched 2026-11-02)
IRCC, Check if you’re eligible (fetched 2026-11-02)
IRCC, What it means to be a sponsor (fetched 2026-11-03)
IRCC, Guide 5289 (sponsorship guide) (fetched 2026-11-03)
IRCC program delivery instructions, Determining membership in the class: Spouse or common-law partners (fetched 2026-11-07)
IRCC program delivery instructions, Assessing a common-law relationship (fetched 2026-11-07)
IRCC program delivery instructions, Spouse or common-law partner in Canada class (fetched 2026-11-07)
IRCC, Public policy on spouses and common-law partners in Canada (2005) (fetched 2026-11-03)
IRCC, Optional: Open work permit in Canada (fetched 2026-11-03)
IRCC, Temporary public policy exempting certain in-Canada class and Family Class applicants from work permit requirements (fetched 2026-11-07)
IRCC, Statutory Declaration of Common-Law Union (IMM 5409) and instructions (fetched 2026-11-07)
IRCC, IMM 5409 form (PDF) (fetched 2026-11-07)
IRCC, Document Checklist: Common-Law Partner (IMM 5589) (fetched 2026-11-07)
IRCC, Generic Application Form for Canada (IMM 0008) instructions (fetched 2026-11-07)
IRCC, Application for Visitor Visa (IMM 5257) instructions (fetched 2026-11-07)
IRCC, Application for Study Permit (IMM 1294) instructions (fetched 2026-11-07)
IRCC, Application for Work Permit (IMM 1295) instructions (fetched 2026-11-07)
Canada Revenue Agency, Change your marital status (fetched 2026-11-07)
Canada Revenue Agency, Marital status (fetched 2026-11-07)
British Columbia, Family Law Act, s. 3 (fetched 2026-11-07)
Ontario, Spousal support (fetched 2026-11-07)
M. v. H., [1999] 2 SCR 3 (Supreme Court of Canada) (fetched 2026-11-07)
Hodge v. Canada (Minister of Human Resources Development), 2004 SCC 65 (fetched 2026-11-07)
Nguyen v. Canada (Citizenship and Immigration), 2024 FC 790 (fetched 2026-11-07)
Liu v. Canada (Citizenship and Immigration), 2024 FC 2001 (fetched 2026-11-07)
Marshall v. Canada (Citizenship and Immigration), 2024 FC 356 (fetched 2026-11-07)
Gill v. Canada (Citizenship and Immigration), 2025 FC 115 (fetched 2026-11-07)
Thalisetti v. Canada (Citizenship and Immigration), 2026 FC 332 (fetched 2026-11-07)
Abdelgalil Abdalla v. Canada (Citizenship and Immigration), 2025 FC 1649 (fetched 2026-11-07)
IRCC, Fee list (fetched 2026-11-02)
IRCC, Check processing times (fetched 2026-11-02)

Last reviewed by Amer Rehman, RCIC (R515343): November 7, 2026.

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Amer Rehman, RCIC #R515343 | Member, CICC

Information provided is general in nature and current as of the page's last update. Immigration laws, processing times, eligibility criteria, and program requirements are subject to change per IRCC policy updates. This page does not constitute legal advice. Specific cases require individual consultation with a Regulated Canadian Immigration Consultant. Amer Rehman is an RCIC (R515343), member in good standing with CICC.