Common-Law Partner Sponsorship (Canada)
Common-law partner sponsorship lets a Canadian citizen or permanent resident sponsor the partner they live with for permanent residence, without being married. To count as common-law, you and your partner must have lived together in a genuine relationship for at least 12 straight months. The heart of the application is proof that you truly share a life, such as a joint lease, joint bank accounts, and bills in both of your names. You can apply inland, where your partner may qualify for an open work permit while they wait, or outland through a visa office. We prepare the full package from our Windsor and Troy offices.
This is general information, not legal advice for your situation.
What is common-law partner sponsorship?
It is the family-class immigration path for couples who live together but are not married. A Canadian citizen or permanent resident sponsors their common-law partner, and if approved, the partner becomes a permanent resident. It sits in the same part of Canada's immigration system as spousal sponsorship, and IRCC applies the same genuine-relationship standard. The main difference is how you qualify in the first place: instead of a marriage certificate, you prove that you have been living together long enough to be common-law. If you are married, see our spousal sponsorship page instead.
How long do you have to live together to be common-law?
At least 12 months of continuous cohabitation. That means living together in one home, in a conjugal relationship, for a full year without a long break. Short, normal absences are fine, like a work trip or a family visit, as long as you kept the household together and the relationship continued the whole time. A weekend apart does not reset the clock; moving into separate homes for months can. The 12 months is the threshold IRCC looks for before it will treat you as common-law partners.
How do you prove you live together?
This is where common-law cases are won or lost. Because there is no marriage certificate, your documents have to show a shared life at a shared address. Strong proof usually includes several of these:
- A lease or mortgage in both of your names
- Joint bank accounts and joint credit cards
- Utility bills, phone, or internet accounts in both names
- Government ID and driver's licenses showing the same address
- Mail and official letters addressed to each of you at that address
- Insurance policies, wills, or beneficiary forms naming each other
- Photos, travel together, and letters of support from people who know you both
The goal is a consistent paper trail across the full 12 months, not a single document. We help you find the gaps and build the record before you file.
Common-law or married sponsorship: what is the difference?
The process, the forms, and the genuine-relationship test are the same. What differs is how you show you are a couple. Married applicants prove it with a marriage certificate. Common-law applicants prove it with 12 months of living together and the documents above. Conjugal partners are a third, narrower category for couples who cannot marry or live together because of serious barriers. If you are legally married, the spousal path is usually simpler because the marriage certificate does a lot of the work.
What if you cannot live together in the same country?
There is a limited exception. If you could not live together for 12 months because of persecution or legal restrictions, for example a couple barred from living openly together in their home country, IRCC may still recognize the relationship. These cases are fact-specific and need careful evidence, so it is worth getting advice before you apply.
Can my partner work or stay in Canada while we wait?
Often, yes, if you apply inland while your partner is already in Canada. Inland applicants can usually apply for an open work permit, which lets your partner work for almost any employer while the sponsorship is processed. If your partner is outside Canada, you apply outland through a visa office, and they wait abroad. Which path fits depends on where your partner is now and what you both need.
Who can sponsor a common-law partner?
A Canadian citizen or permanent resident who is at least 18 years old. You sign an undertaking to support your partner financially, and you generally cannot be in default on a past undertaking or receiving social assistance for reasons other than disability. If you are a citizen living abroad, you usually have to show you will return to Canada when your partner becomes a permanent resident.
Why work with Sisu Legal on a common-law sponsorship?
Common-law cases turn on evidence, and a thin or inconsistent record is one of the most common reasons IRCC pushes back. We focus only on immigration, we work on both U.S. and Canadian matters from our offices in Windsor, Ontario and Troy, Michigan, and our fees are flat and quoted upfront. We build the cohabitation record with you so the relationship is clear the first time.
Frequently asked questions about common-law sponsorship
How long do you have to live together for common-law in Canada?
At least 12 continuous months of living together in a conjugal relationship. Short, ordinary absences are allowed as long as the relationship and the household continued.
What is the best proof of a common-law relationship?
Documents that show a shared life at a shared address over the full year: a joint lease or mortgage, joint bank accounts, bills in both names, and ID showing the same address. Several consistent documents are stronger than any single one.
Can I sponsor my common-law partner from inside Canada?
Yes. If your partner is already in Canada you can apply inland, and they can usually apply for an open work permit while the application is processed. If they are abroad, you apply outland.
Is common-law sponsorship different from marriage sponsorship?
The forms and the genuine-relationship test are the same. The difference is how you qualify: marriage is proven with a marriage certificate, common-law with 12 months of living together and supporting documents.
Do we need to have lived together in Canada?
Not necessarily. The 12 months of cohabitation can be anywhere, as long as you can document it. What matters is proving the continuous relationship and shared home.
What if we could not live together because of our situation?
If persecution or legal restrictions prevented you from living together, IRCC may still recognize the relationship. These cases need careful, specific evidence, so get advice before applying.
Talk to a Canadian common-law sponsorship lawyer
If you are sponsoring a partner you live with, book a consultation and we will tell you whether you qualify as common-law and what evidence your case needs. Book a consultation or contact our Windsor and Troy offices.