What counts as a common-law partner for immigration sponsorship purposes?
Under federal immigration law, a common-law partner is someone who has lived with you in a conjugal relationship for at least 12 continuous months. This is different from Ontario's definition of common-law for family-law purposes, and different again from the tax definition — the immigration definition is set by federal regulations and applies uniformly across Canada.
The 12-month cohabitation must be uninterrupted. Short trips or temporary separations may be acceptable, but extended breaks can reset the clock or disqualify the relationship. IRCC will look at evidence of genuine cohabitation: shared leases, utility bills, joint accounts, correspondence addressed to both partners at the same address, and statutory declarations from people who know you both.
If you cannot meet the common-law threshold — for example, because you recently married or because living together has not been possible due to immigration barriers — you may still qualify under the spouse or conjugal partner categories. An immigration lawyer can help you determine which category best fits your situation and what evidence to gather.
Key takeaways
- Common-law requires at least 12 continuous months of cohabitation under federal immigration rules
- The immigration definition differs from Ontario family-law and tax definitions
- Strong documentary evidence of shared living is essential
- Alternate categories (spouse, conjugal partner) may apply if cohabitation requirements aren't met