How to Prove a Common-Law Relationship for Canadian Sponsorship
By Domonic Cheung, RCIC (Licence R711344) · E-Pathway Immigration, Vancouver · Updated October 2026
Short answer: To sponsor a common-law partner, you must show you have lived together in a conjugal relationship for at least 12 months in a row, without long periods apart. IRCC says any time apart during those 12 months should be short and temporary. You prove it with a signed Statutory Declaration of Common-law Union (IMM 5409) plus documents showing a shared address and a shared life.
What counts as common-law in Canada?
IRCC defines a common-law partner as someone you are not married to, who is at least 18, in a genuine relationship with you, and who has lived with you for at least one year in a conjugal relationship.
Two points trip people up:
The 12 months must be continuous living together. Dating for a year, or living together on and off, isn't enough.
Time apart must be short and temporary, for example a family obligation or a work trip. IRCC doesn't set an exact number of days, so long separations need careful explanation.
If you haven't lived together for 12 months, you may not qualify as common-law yet. You might qualify later, or you might qualify as conjugal partners if you genuinely can't live together or marry, for legal, social or religious reasons.
Documents that prove you live together
The strongest evidence shows both names at the same address over the full 12 months. Aim for several types:
A joint lease or mortgage, or a lease plus proof the other partner lives there
Utility, internet or phone bills at the shared address, ideally in both names
Government ID and documents (driver's licences, tax returns, health cards) showing the same address
Bank statements or credit card bills sent to the shared address
Insurance policies (car, tenant, life, benefits) naming each other
Mail addressed to each of you at the same address over time
Documents that prove a shared life
Living at one address isn't enough on its own. Show you share a life:
Joint bank accounts and shared bills
Beneficiary designations naming each other
Photos together over the whole relationship, with family and friends
Travel together: bookings, boarding passes
Letters from family and friends who know you as a couple
Common mistakes to avoid
Counting the 12 months wrongly. Start from the date you actually moved in together, not when you started dating.
Inconsistent addresses across forms, tax returns and IDs. Officers notice.
Only one partner's name on every document, with nothing showing the other lives there.
Not explaining time apart. If one of you travelled for work or family, say so and show it was temporary.
Hundreds of pages of chats instead of a clear, organized selection.
Who does this affect?
Unmarried couples where one partner is a Canadian citizen or permanent resident
Same-sex couples who can't or don't want to marry
Couples refused before because the 12-month cohabitation wasn't proven
What should you do?
Work out your exact move-in date and check you've passed 12 continuous months.
Gather address documents covering the full period, for both partners.
Complete the IMM 5409 carefully. Both partners sign it.
Explain any time apart with dates and reasons.
Check the rest of the case. Officers also look at whether the relationship is genuine. Read more: why spousal and partner sponsorships get refused.
Frequently asked questions
How long do we need to live together to be common-law?
At least 12 continuous months in a conjugal relationship, without long periods apart.
Can we spend time apart during the 12 months?
Yes, if it's short and temporary, such as a work trip or a family emergency. Explain it in your application.
What if only one of us is on the lease?
Use other documents to show the other partner lives there, such as ID, bills, bank statements and mail at that address.
What if we can't live together because of where we live?
You may qualify as conjugal partners if you've been in a committed relationship for at least a year and can't live together or marry for legal, social or religious reasons.
Key Takeaways
Common-law means 12 continuous months living together, not dating.
Short, temporary time apart is allowed. Long separations need explaining.
Use the IMM 5409 plus documents showing a shared address and shared life.
Consistency across forms and IDs matters.
Conjugal partner sponsorship may fit if you can't live together.
Conclusion
Proving a common-law relationship is about showing an officer, with clear documents, that you've built a home together for at least a year. Getting the dates and paperwork right the first time saves months of delay.
E-Pathway Immigration helps common-law, conjugal and same-sex couples with sponsorship, including previously refused cases. We work in English, Chinese and Vietnamese. See our spousal and common-law sponsorship page or book a consultation.
This article is for informational purposes only and does not constitute legal or immigration advice. Consult a licensed RCIC or immigration lawyer for your specific situation.
Sources: IRCC, Who you can sponsor: spouse, partner or children (canada.ca); IRCC form IMM 5409, Statutory Declaration of Common-law UnionPublished: October 2026Tags: Canadian immigration, IRCC, common-law sponsorship, conjugal partner, family sponsorship
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