Does a cohabitation agreement affect my immigration status as a common-law partner in Ontario?

Immigration to Canada is federal, and a cohabitation agreement — a provincial family law document — does not directly affect your immigration status. Whether you qualify as a common-law partner under federal immigration law is determined by IRCC (Immigration, Refugees and Citizenship Canada) based on evidence of genuine cohabitation for at least twelve months, not by whether you have a domestic contract.

That said, a cohabitation agreement is not harmful to an immigration application and is not evidence that the relationship is less genuine. In fact, having a formal legal agreement can sometimes support the picture of a committed, organized relationship — it shows the couple is making plans together. IRCC looks at evidence of shared finances, shared address, communication records, and testimony from the couple and others who know them.

Where the cohabitation agreement becomes important from an immigration perspective is after separation. If a partner who was sponsored under a Common-Law Partner sponsorship separates from the sponsor, the agreement's provisions around support and property become relevant under provincial family law — but do not themselves affect the immigration status that has already been granted (subject to applicable conditions under the sponsorship undertaking). Immigration questions are complex and should be addressed with an immigration lawyer.