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Common law sponsorship in Canada enables a Canadian citizen or permanent resident to sponsor their partner for permanent residency, provided they have been living together in a conjugal relationship for at least one continuous year. This pathway is intended for couples who are not legally married but share a committed, marriage-like bond. It applies specifically to relationships built on mutual support, shared responsibilities, and long-term intentions.
Unlike other sponsorship types such as Dependent Sponsorship, this category focuses on proving the authenticity of your partnership through documentation and consistent cohabitation. In the sections below, we’ll cover the key requirements for common law sponsorship, the kind of evidence immigration officers look for, and how to navigate the application process effectively.
Need help getting started? Speak with an experienced Spousal Sponsorship Lawyer today to ensure your application is complete and compelling.
To qualify as a common law couple under Canadian immigration law, you must show that you have lived together in a marriage-like relationship for at least 12 consecutive months. The relationship should reflect a deep commitment with shared responsibilities and mutual support, even though you are not legally married.
When immigration officers assess your partnership, they look for clear signs such as
Temporary time apart due to work or family obligations is allowed if you can prove your relationship remained strong. The more complete and credible your documentation is, the stronger your case will be.
Sponsoring your common law partner in Canada involves meeting a set of eligibility and documentation standards. Both you and your partner must show that the relationship is real and meets the legal definition of a common law partnership.
Include clear proof that you live together and share responsibilities. This may include:
Present your application in a clear and organized way. Well-prepared documents can prevent delays and help build a strong case for your partnership.
The time it takes to process a common law sponsorship application depends on several factors, including whether you apply from within Canada or outside the country, the visa office managing your file, and the completeness of your application.
Inland sponsorship is for couples living together in Canada. These applications typically take between 12 to 24 months to process. A key advantage is that the sponsored partner may qualify for an open work permit, allowing them to work in Canada while the application is under review. However, since inland applications require the partner to remain in Canada during processing, it may not be ideal for those who need to travel frequently.
Outland sponsorship is designed for couples where the partner being sponsored lives outside Canada or cannot remain in Canada for the full processing period. This stream often sees faster processing, with average timelines around 12 months. The exact duration can vary depending on the visa office handling the case and the number of applications they are processing.
Regardless of the stream you choose, several things can impact your timeline. Incomplete applications, missing documents, background checks, or requests for additional evidence may cause delays. If your application shares elements with other categories like Relative Sponsorship, it may require additional review.
Submitting a well-organized and complete application is the best way to avoid unnecessary delays. Always refer to the official IRCC website for the latest processing time estimates.
Yes you can bring your common law partner to Canada if you are here on a valid student visa. Your partner can apply for an open work permit which allows them to work for any employer while you continue your studies.
To qualify you will need to show that you and your partner have been living together in a conjugal relationship for at least one continuous year. This means submitting documents such as shared lease agreements, joint bank statements and other proof of cohabitation. Affidavits from friends or family members who can confirm your relationship can also strengthen the application.
The work permit application can be submitted online and in most cases it is recommended to apply at the same time as your study permit to avoid delays. Bringing your partner to Canada not only helps with financial support but also adds emotional stability to your study experience.
Applying for common law sponsorship in Canada goes beyond filling out forms. Immigration officers want to see clear evidence that your relationship is authentic, ongoing and built on shared responsibilities. The more organized and convincing your documentation is, the better your chances of success.
Your goal is to prove that you live together, share your life and plan for the future as a committed couple. Officers will not assume your relationship is real just because you say it is. They want to see how your lives are intertwined emotionally, financially and socially.
Proof of Cohabitation
You must show you have lived together continuously for at least 12 months
Financial Interdependence
Shared finances help demonstrate trust and responsibility
Legal and Insurance Ties
These show long term commitment
Communication and Relationship History
Proof that you stay connected and share a genuine relationship
Social and Public Acknowledgement
Demonstrating your relationship is recognized by others
Organize your documents in order and include a written timeline of your relationship. Be honest and consistent. If you were separated for a short time, explain why and show how you stayed connected. A well presented application tells your story and gives officers confidence in your partnership.
Applying for common law sponsorship might seem straightforward but many applications are rejected due to small oversights. Immigration officers follow strict guidelines and even minor inconsistencies can raise doubts about the authenticity of your relationship.
Here are the most common mistakes to avoid
Weak evidence of cohabitation
Living at the same address isn’t enough. You need solid proof like a lease with both names joint utility bills or government mail showing you share a residence.
Lack of financial integration
Separate finances can be a red flag. While a joint bank account is not mandatory it strengthens your case. If you do not share accounts you should show money transfers for bills or proof of shared expenses.
Inconsistent or conflicting information
Dates on your forms should match the supporting documents. Different addresses, timelines or vague affidavits can lead to rejection. Always review your entire application for accuracy and alignment.
Generic or weak affidavits
Statements from friends and family should include detailed observations. Generic phrases like they love each other are not helpful. Immigration officers want to see real examples of shared life experiences.
Missing translations
If you include documents in a language other than English or French they must be professionally translated. Failing to do so can result in your application being considered incomplete.
Incomplete applications
Missing signatures, blank fields or absent documents often result in immediate rejection. Use a checklist and double check every section before submitting.
Poor record keeping
Always keep digital and printed copies of your application. If there’s a delay or refusal, having your full submission record is essential for appeals or resubmissions.
Failure to report changes
If your address changes or you go through major life events during processing, notify immigration authorities. Not doing so may affect your application outcome.
Taking the time to avoid these common mistakes can significantly improve your chances of approval. Submitting a complete organized and credible application shows that your relationship is genuine and that you are serious about the process.
To qualify for common law sponsorship in Canada you and your partner must have lived together in a marriage-like relationship for at least 12 consecutive months. This means sharing a home daily responsibilities and a life together without any extended time apart.
Short breaks for work family emergencies or travel are allowed if your relationship continues and you plan to reunite. You can move during the 12 months but must show consistent cohabitation through joint lease agreements utility bills or mail delivered to both partners across addresses.
If you have not lived together due to cultural legal or immigration barriers you may need to apply under the conjugal partner category. This path requires strong evidence that living together was not possible and is usually harder to get approved.
To support your case provide documents that prove your connection and shared life. Financial records, personal affidavits and recognition from friends or family can all help show your relationship is genuine long term and meets the sponsorship requirement.
Getting a refusal on a common law sponsorship application can be disappointing, but it is not the end. Many couples face rejection on their first attempt. What matters most is understanding what went wrong and taking the right steps to fix it.
Step One Read the Refusal Letter Carefully
Your refusal letter will explain the specific reasons your application was denied. These may include weak proof of cohabitation, missing documents, conflicting information or doubts about the authenticity of your relationship. Identifying the exact issue is the first step to building a stronger case.
Step Two Know Your Appeal Options
If your application was processed outside Canada you may have the right to appeal through the Immigration Appeal Division. You must file the appeal within 30 days. During this process you can present new evidence and clarify any misunderstandings.
If your application was processed from inside Canada there is no appeal option. Instead your next step is to submit a new application. Make sure to correct the issues noted in the refusal before applying again.
Step Three Strengthen Your Evidence
To avoid another rejection include
Step Four Get Professional Help If Needed
An immigration lawyer or consultant can help you understand your refusal letter, prepare new documentation and guide you through either the appeal or resubmission process.
Step Five Act Quickly and Stay Organized
Appeals must be filed within 30 days. Even if you are reapplying, gather and organize your new evidence as soon as possible. Keep copies of everything you submit so you have a full record in case further questions arise.
Stay Positive and Persistent
A refusal can feel discouraging but it does not mean you will not be approved. Many couples succeed after taking time to improve their applications. If your relationship is real and well documented you still have every chance of being approved the next time around.
Being in a common law relationship in Canada comes with many legal rights and protections, but the benefits can vary depending on the province or territory where you live. While federal programs often treat common law partners similarly to married couples, provincial laws may require additional legal steps to access full rights.
Common law partners who are permanent residents may qualify for many of the same federal benefits as married couples including
Property Rights
In provinces like British Columbia couples who have lived together for at least two years may be entitled to an equal division of assets acquired during the relationship. In others like Ontario property rights do not apply automatically to common law couples unless they have a cohabitation agreement or bring a legal claim.
Spousal Support
Many provinces allow a common law partner to claim spousal support after a breakup. In Ontario for example eligibility depends on having lived together for at least three years or having a child together. Courts will consider the length of the relationship and each partner’s financial needs and contributions.
Inheritance Rights
Unlike married spouses, common law partners may not automatically inherit assets if one partner dies without a will. In many jurisdictions they are not legally recognized in intestate succession laws. To protect each other partners should create wills and name each other as beneficiaries.
Medical Decision Making
Some provinces allow common law partners to make emergency health care decisions but not all. Without a legal document such as a power of attorney a hospital may defer to a biological relative. Having proper paperwork in place can prevent confusion during medical emergencies.
Workplace and Pension Benefits
The Canada Pension Plan recognizes common law partners for pension splitting and survivor benefits. Many workplace benefit plans also extend health insurance and dental coverage to common law spouses but registration may be required. Check with your employer’s benefits provider to confirm eligibility.
Tax and Financial Considerations
After living together for 12 months you must declare your common law status on your tax return. The CRA treats common law and married couples the same which affects eligibility for credits like GST HST and the Canada Child Benefit. This may reduce or increase your benefits depending on household income but also opens access to joint tax credits and deductions.
Being physically apart for a time does not necessarily end your common law status in Canada. Temporary separations are allowed as long as your relationship remains emotionally financially and practically intact.
You may still qualify as common law partners if
However long term separations with no clear timeline to reunite or fading contact can raise concerns. Immigration officers need to see that your relationship remains committed even while you are apart.
To maintain credibility during a separation you should gather strong documentation such as
The key is to show that despite physical distance your partnership remains emotionally active and future-focused. The more consistent your proof the stronger your case.
Immigration officers want to know that any time spent apart is only temporary and that you and your partner are taking active steps to reunite. Demonstrating a clear intention to live together again is critical for maintaining your common law status.
Ways to show your intention to reunite include
Any document that shows a plan to return to shared cohabitation adds credibility to your application.
At the federal level Canadian immigration law requires that common law partners live together for at least 12 consecutive months before they can apply for sponsorship. However provincial laws around common law status can vary especially when it comes to property division health care rights or spousal support.
In some provinces cohabitation rights may kick in after one year while others require two years or more. Legal recognition might also affect your access to medical decisions, estate rights or tax filings.
If your situation involves legal questions beyond immigration—like property disputes or financial planning—consulting an immigration lawyer or family law expert can help clarify your position.
Living apart for a time does not automatically break your common law status as long as you maintain the relationship and plan to live together again. Stay in regular contact, support each other financially or emotionally and document your efforts to reunite.
Continue gathering proof such as call logs, travel records and future housing plans. As long as the core of your relationship stays intact and you can show it immigration authorities will likely continue to recognize your partnership.
Choosing the right sponsorship route is a key decision in your application process. Inland and outland sponsorship options each offer different advantages depending on your living situation and your partner’s travel needs. Understanding the benefits and limitations of both can help you avoid delays and increase your chances of approval.
This option is ideal for couples who are already living together in Canada. It allows your partner to remain in the country during the processing period and may also make them eligible for an open work permit. This permit provides the ability to work for any employer while the application is reviewed, offering financial stability and helping with integration into Canadian life.
Advantages of inland sponsorship
Considerations
Outland sponsorship is better suited for partners who live outside Canada or may need to travel during the application process. Your partner can apply from abroad and is not required to stay in Canada while the application is processed. In some cases processing may be faster depending on the visa office.
Advantages of outland sponsorship
Considerations
No matter which path you take, ensure your application is completely accurate and well documented. Include evidence of your relationship such as shared leases, bank accounts photos and affidavits. Careful planning and preparation are essential for a smooth process.
Sponsoring your common law partner in Canada is not just about submitting forms. It is a legal and financial commitment that continues even if your relationship ends. Immigration Canada expects sponsors to take full responsibility for supporting their partner’s basic needs throughout the sponsorship period.
The financial commitment lasts for three years starting from the day your partner becomes a permanent resident. During this time if your partner receives social assistance you will be required to repay the government. This obligation remains even if you break up before the three-year period ends.
As a sponsor you must provide
To qualify as a sponsor you must
To prove your financial readiness include
Being prepared and transparent about your financial situation strengthens your sponsorship application. If you have concerns about your ability to meet the commitment, speak with an immigration advisor before applying.
Supporting your partner financially is a key step in helping them settle and thrive in Canada. It also demonstrates your commitment to building a future together.
One of the most practical benefits of inland sponsorship is the option for your partner to apply for an open work permit. This permit allows them to work for any employer in Canada while waiting for permanent residence and provides a smoother transition into Canadian life.
Who is eligible for an open work permit
Your partner may qualify if they
You can apply for the work permit at the same time as the sponsorship application or shortly after. Applying together may reduce wait times and avoid unnecessary delays.
Benefits of the open work permit
Important considerations
This permit is not available under the outland sponsorship stream. If work opportunities during processing are important to you, inland sponsorship may be the better option.
What documents are needed
Be ready to include clear evidence of your relationship such as
Missing or incomplete documentation can delay processing so double-check everything before submission.
Canada has introduced several updates to make spousal open work permits more accessible and inclusive. These changes aim to support family reunification and improve economic stability for newcomers.
Key updates include
These changes reflect Canada’s continued focus on supporting couples during their immigration journey and encouraging their successful settlement in the country.
To be considered common law partners under Canadian immigration law you must prove that you have lived together continuously for at least 12 months in a committed marriage-like relationship. This definition is recognized federally and in many provincial family law systems.
Key components of a valid common law relationship
Residential proof
Financial proof
Social and emotional proof
Legal ties
If you have been temporarily apart for work or personal reasons provide documents that show communication and future plans to reunite. Travel bookings, call records and shared goals help establish that the relationship remains strong.
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