How Long Does It Take to Be Common-Law in Canada? 12 Months Explained (2026)
Updated: 3 days ago
The short answer: For immigration, IRCC defines a common-law partner as someone who has lived with you in a conjugal relationship for at least 12 continuous months. The clock starts when you began living together as a couple, not when you started dating. Short, temporary time apart, such as a work trip, does not necessarily break the 12 months. Other rules, such as tax and provincial family law, use their own time periods.
How long do you have to live together to be common-law?
According to IRCC, at least 12 continuous months in a conjugal relationship. Both parts matter: living together and being a couple. Two roommates do not qualify, and a couple who date but keep separate homes do not qualify as common-law partners either.
When does the 12-month clock start?
On the day you began living together in a conjugal relationship. Write down that date and find a document that supports it, such as a lease, a utility bill, an address change on your ID or a move-in message. If your partner moved in gradually, choose the date you were clearly sharing one home and be ready to explain it.
Does time apart restart the clock?
Not necessarily. IRCC accepts that short, temporary absences, such as a work trip or a family emergency, do not necessarily break the 12 months. IRCC does not publish a number of days that is always acceptable, so explain any separation with dates, reasons and proof that you kept sharing a home. A long or open-ended separation can mean you have not met the definition.
Do you need to be common-law before you can sponsor?
To sponsor as a common-law partner, yes. If you have lived together for less than 12 months, you have options:
Wait until you reach 12 continuous months, then apply.
Marry, if you want to, and sponsor as a spouse. See spousal sponsorship documents.
Conjugal partner sponsorship may apply if your partner lives outside Canada, you have been in a conjugal relationship for at least 1 year, and real barriers stop you from living together or marrying. See conjugal partner sponsorship.
Does a child together shorten the 12 months for immigration?
IRCC's definition for sponsorship is 12 continuous months of living together, and it does not shorten that period because you have a child together. Tax rules work differently: CRA may treat you as common-law sooner if you are the parent of the same child, but that does not change the IRCC requirement.
Can we count time we lived together in another country?
IRCC's definition refers to living together in a conjugal relationship and does not limit that to time spent in Canada, so time living together abroad can count if you can prove it with documents. Evidence from other countries, such as leases, bills, residence cards or registration, needs to be clear and may need translation.
Who does this affect?
Couples deciding when to apply
Couples with a period apart because of work, study or family
Couples living together less than 12 months who wonder about marrying
What should you do?
Fix your start date and gather a document from that date.
List every period apart with dates and reasons.
Count the months carefully, month by month.
Collect proof for the whole period. See how to prove common-law.
If you are short of 12 months, compare waiting, marrying and other categories before you apply.
Frequently asked questions
How long until you are common-law in Canada?
For IRCC, at least 12 continuous months of living together in a conjugal relationship.
Do we need 12 months before we apply to sponsor a common-law partner?
Yes, to apply as common-law partners. Otherwise consider waiting, marrying, or the conjugal partner category if it fits.
Does time apart break the 12 months?
Short, temporary time apart does not necessarily break it. Long separations need careful explanation and may mean the 12 months were not continuous.
Is common-law the same length for tax and for immigration?
CRA and IRCC apply their own rules, so check each. For immigration use IRCC's definition.
What if our lease started later than when we moved in?
Use other documents to show the earlier date, and explain the difference clearly.
Key takeaways
12 continuous months of living together in a conjugal relationship.
Count from the day you started living together as a couple.
Short, temporary time apart is not necessarily a break; explain it.
If you are short, compare waiting, marrying and other categories.
The bottom line
The 12 months are about living a shared life, not about dating or paperwork. Count carefully, document the whole period and explain any gaps before you apply.
Not sure whether you meet the 12 months? E-Pathway Immigration, led by Domonic Cheung, RCIC in Vancouver, can review your situation. Book a case review.
More spousal sponsorship guides: Spousal and common-law sponsorship · Spousal sponsorship guide hub · sponsoring a fiancé(e)
Last reviewed: October 2026
Sources: IRCC, Who you can sponsor; IRCC, Statutory Declaration of Common-law Union (IMM 5409); Canada Revenue Agency, Marital status.
This article provides general information only and is not legal advice. Immigration options and outcomes depend on individual circumstances. Consult a qualified representative for advice about your situation.
About the author
Domonic Cheung is a Regulated Canadian Immigration Consultant (RCIC), licence R711344, with E-Pathway Immigration in Vancouver, BC. You can verify his licence on the College of Immigration and Citizenship Consultants (CICC) public register.
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