What is a Common-Law Partner?
Under Canadian immigration law, a common-law partner is someone you have been living with in a conjugal relationship continuously for at least 12 consecutive months.
Key Requirements:
- Lived together continuously for 12+ months (cohabitation)
- In a conjugal relationship (romantic, committed, exclusive)
- Shared household responsibilities (finances, bills, rent, etc.)
- No marriage certificate required
- Can be opposite-sex or same-sex partners
- Temporary separations for work/study allowed if relationship continued
Eligibility Requirements
For the Sponsor
- Canadian citizen or permanent resident
- If PR, must be living in Canada
- 18+ years old
- Not receiving social assistance (except disability)
- Able to financially support sponsored partner
- No criminal record (violence/sexual offences)
- Not in prison, bankrupt, or under removal order
For the Partner
- Lived with sponsor continuously for 12+ months
- In a genuine conjugal relationship (not for immigration)
- 18+ years old
- Not inadmissible to Canada (criminal, medical, security)
- Previous marriages legally ended (if applicable)
- Can prove cohabitation (joint lease, bills, mail, etc.)
How to Prove Common-Law Relationship
You must provide strong evidence of 12+ months continuous cohabitation and a genuine conjugal relationship. IRCC reviews carefully.
Cohabitation Proof (CRITICAL)
- •Joint lease or mortgage agreement
- •Utility bills in both names (electricity, water, internet)
- •Joint bank account statements
- •Mail addressed to both at same address (last 12+ months)
- •Driver's license / government IDs showing same address
- •Insurance policies (car, home, health) listing both
Relationship Evidence
- •Photos together (throughout 12+ month period)
- •Travel documents (joint trips, vacations)
- •Social media showing relationship status
- •Chat logs, emails, texts (showing ongoing communication)
- •Statutory declaration from family/friends confirming relationship
- •Shared expenses receipts (groceries, rent, furniture)
Financial Interdependence
- •Joint credit cards or loans
- •Proof of financial support (money transfers)
- •Joint investments or savings
- •Shared household purchases (appliances, furniture)
- •Beneficiary designations on life insurance
Legal Documents
- •Statutory Declaration of Common-Law Union (IMM 5409)
- •Birth certificates
- •Passports
- •Police clearance certificates
- •Medical examination results
Application Process
Confirm 12-Month Cohabitation
Ensure you have lived together continuously for at least 12 months. Gather proof documents.
Gather All Evidence
Collect cohabitation proof, relationship evidence, financial documents, identity papers, police clearances, medical exam.
Complete IMM Forms
Fill out IMM 0008, IMM 1344, IMM 5406, IMM 5409 (Statutory Declaration), IMM 5669, and all supporting forms.
Submit Application
Submit online or by mail to IRCC. Pay government fees ($1,650 CAD total).
Receive AOR & Open Work Permit
Get Acknowledgement of Receipt (AOR). Apply for open work permit for partner (inland applications only).
Processing & Background Checks
IRCC conducts security, criminal, and medical checks. May request additional cohabitation proof or interviews.
Decision & PR Landing
If approved (12-18 months), partner becomes permanent resident and receives PR card.
Investment & Timeline
Total Cost
Processing Timeline
AOR (Acknowledgement)
2-4 weeks after submission
Open Work Permit
4-6 months (inland applications)
Final Decision
12-18 months average
Same benefits as married spouse: Open work permit, permanent residence, no language test, no CRS score required.