Do You Have to Register or Declare Common-Law Status in Canada? (2026)
The short answer: There is no federal registry or certificate for common-law status in Canada, and you do not apply to be common-law. For immigration, IRCC treats you as common-law if you have lived together in a conjugal relationship for at least 12 continuous months. When you sponsor a common-law partner, you prove it by signing the Statutory Declaration of Common-law Union (IMM 5409) and submitting documents that show a shared life. Tax and family-law rules are separate and can differ by province, so check each one.
Do you have to register as common-law in Canada?
No. There is no federal common-law registration or certificate in Canada, and IRCC assesses common-law status on the evidence of your shared life. Common-law status comes from how you live, not from a form you file to create it.
That is different from marriage, which requires a legal ceremony and a registered marriage certificate.
How do you "declare" common-law status for immigration?
If you sponsor a common-law partner for permanent residence, IRCC asks you to complete the Statutory Declaration of Common-law Union (IMM 5409). Both partners sign it. It is a sworn statement that you meet IRCC's definition, and it should be supported by documents. See how to prove a common-law relationship for the evidence IRCC looks at.
The declaration is not proof by itself. An officer decides whether your documents show 12 continuous months of living together in a conjugal relationship.
Is common-law status the same for taxes and benefits?
Not exactly. The Canada Revenue Agency has its own rules for when you must report a partner as common-law on your tax return. CRA generally treats partners as common-law once they have lived together in a conjugal relationship for 12 continuous months, or sooner if the partner is the parent of your child. Confirm the current rules on the CRA website before you file.
Whatever you tell the CRA should match what you tell IRCC. Inconsistent dates or marital status across tax returns and immigration forms can raise questions.
Does provincial law treat common-law couples differently?
Yes. Family-law rights for unmarried couples, such as property division and support, are set by each province or territory, and the rules and time periods differ. In British Columbia, the Family Law Act treats people who have lived together in a marriage-like relationship as spouses. Generally that means at least two years, although a couple with a child together may be treated as spouses sooner for some purposes, such as spousal support. These rules do not change IRCC's immigration definition, and IRCC's definition does not change them. If a separation is involved, speak to a family lawyer.
What if you are not sure when your common-law relationship began?
Work out the date you began living together at one address in a conjugal relationship. That is the date to count from, not the date you started dating. Gather leases, bills, IDs and mail that show the same address from that date forward. If you have been apart for any period, write down the dates and reasons.
Who does this affect?
Unmarried couples where one partner is a Canadian citizen or permanent resident
Couples who have lived together but never filed anything about it
Couples whose dates differ between their tax returns and their immigration forms
What should you do?
Decide your move-in date and confirm 12 continuous months have passed.
Collect documents that show the same address over that period.
Complete the IMM 5409 and check that both partners' dates match.
Make sure tax filings and other forms tell the same story.
If anything is unclear, get advice before you submit.
Frequently asked questions
Do you have to apply for common-law status in Canada?
No. There is no application and no federal registry. For sponsorship, you show IRCC that you meet its definition by submitting the IMM 5409 and supporting documents.
Do I get a common-law certificate?
Not from the federal government. IRCC decides on the evidence you provide. A few provinces offer optional registration for family-law purposes, but registration is not an IRCC requirement.
Do we have to be common-law for 12 months before we can sponsor?
IRCC's definition of a common-law partner requires at least 12 continuous months of living together in a conjugal relationship. If you have not reached that, other categories may apply. See conjugal partner sponsorship.
Does common-law status for taxes mean I qualify for immigration?
No. CRA and IRCC apply their own rules. The dates and facts you give each of them should match.
Do provinces require common-law couples to register?
British Columbia does not require registration for people to be treated as spouses under its Family Law Act. Rules differ across provinces and territories, and some, such as Nova Scotia, offer optional registered partnerships. Check the rules where you live.
Key takeaways
There is no federal common-law registration or certificate.
For sponsorship, IRCC wants the IMM 5409 plus documents showing 12 continuous months together.
CRA and provincial rules are separate from IRCC's rules.
Keep your dates consistent across every form.
The bottom line
You do not register to become common-law. You live together as a couple, and when you sponsor, you prove it. Get the move-in date right and keep your paperwork consistent.
Planning to sponsor your common-law partner? 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
Last reviewed: October 2026
Sources: IRCC, Who you can sponsor; IRCC, Statutory Declaration of Common-law Union (IMM 5409); Canada Revenue Agency, Marital status; BC Family Law Act.
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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