Spouse, Common-Law or Conjugal Partner Sponsorship: Which Route Fits You? (2026)
Updated: 3 days ago
The short answer: Use spousal sponsorship if you are legally married. Use common-law sponsorship if you are not married but have lived together in a conjugal relationship for at least 12 continuous months. Consider conjugal partner sponsorship if your partner lives outside Canada, you have been in an exclusive and mutually interdependent relationship for at least 1 year, and legal, immigration or other barriers stop you from living together or marrying. Conjugal partners can only be sponsored from outside Canada.
Quick comparison
Spouse
Married?: Yes
Time requirement: None for the marriage
Living together?: Not required to have lived together before
Apply from inside Canada?: Possible, if you live together in Canada
Key proof: Marriage plus genuine relationship
Common-law
Married?: No
Time requirement: 12 continuous months living together
Living together?: Required
Apply from inside Canada?: Possible, if you live together in Canada
Key proof: IMM 5409 plus cohabitation
Conjugal
Married?: No
Time requirement: At least 1 year in an exclusive, mutually interdependent conjugal relationship
Living together?: Not required; barriers prevent you from living together or marrying
Apply from inside Canada?: No, outland only
Key proof: Relationship and proof of barriers
Which route if we are married?
Spousal sponsorship. Show the marriage is valid and the relationship is genuine. See documents checklist.
Which route if we live together but are not married?
Common-law, once you reach 12 continuous months. See how to prove common-law and how long it takes.
Which route if we can't live together or marry?
Conjugal partner, if you meet IRCC's conditions. This category is narrow and officers look closely at the barriers and at the relationship. See conjugal partner sponsorship.
Inland or outland?
Spouses and common-law partners can be sponsored from outside Canada, and inland if you live together in Canada and your partner meets IRCC's in-Canada requirements, depending on where your partner lives and their status. Conjugal partners are sponsored from outside Canada. See inland vs outland.
What do all three have in common?
Sponsor eligibility rules apply. See who can sponsor.
Relationship must be genuine, not just for status.
The undertaking is 3 years from the day your partner becomes a permanent resident, outside Quebec (Quebec has its own undertaking rules).
Fees are generally the same. See costs and fees.
What if I qualify for more than one?
If you are married and also lived together for 12 months, you can usually sponsor as a spouse. Choose the route where your evidence is strongest and the facts are clearest; which fits best depends on your evidence.
Who does this affect?
Couples deciding how to apply
Unmarried couples near the 12-month mark
Couples separated by borders or laws
What should you do?
Identify your situation: married, living together or apart.
Count your months.
Check sponsor eligibility.
Pick inland or outland.
Build the evidence for the route you chose.
Frequently asked questions
What is the difference between common-law and conjugal partners?
Common-law partners have lived together for 12 continuous months. Conjugal partners have not been able to live together or marry because of barriers and have a relationship of at least 1 year.
Can a conjugal partner apply from inside Canada?
No. The conjugal category is for partners outside Canada.
Can I sponsor my fiancé(e)?
Not as a fiancé(e). You can sponsor after you marry, or under another category if you qualify.
Which route is fastest?
IRCC doesn't publish a fixed timeline by category. Check IRCC's processing times tool.
What if I choose the wrong route?
A wrong category can lead to refusal or delay. Get advice before you apply.
Key takeaways
Married: spouse. Living together 12 months: common-law. Barriers: conjugal.
Conjugal is outland only.
All three need a genuine relationship.
Choose the route your evidence supports best.
The bottom line
The right route comes from your facts, not preference. Match your situation to the definition and build evidence for it.
Not sure which route applies? 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, Check if you're eligible to sponsor.
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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