Common-Law Partner Sponsorship in Ontario: Federal Rules

If you live in Ontario and want to sponsor an unmarried partner to come to Canada, the rules that matter are federal. Ontario's family laws use their own definitions of a common-law spouse, and those do not decide an immigration application.

This article explains the federal definition, who can sponsor, the kind of proof IRCC asks for, and what may be possible if you cannot meet the living-together requirement. Requirements and forms change often, so check the current IRCC version before you apply.

How federal law defines a common-law partner

Under the Immigration and Refugee Protection Regulations, s. 1(1), a common-law partner is someone who is cohabiting with you in a conjugal relationship and has done so for at least one year. IRCC's sponsorship guide puts it in practical terms: you can sponsor a common-law partner if you live, or have lived, with them for at least 12 consecutive months in a marriage-like relationship.

A relationship is not recognized if it was entered into primarily to gain status or a privilege under the Act, or if it is not genuine. A real relationship that began before immigration was a goal is what the process is built to confirm.

Why the definition changes from law to law

People often assume one common-law test applies everywhere. It does not. The table below shows a few of the tests that apply in different settings.

The immigration test is found in the Immigration and Refugee Protection Regulations, the tax test in the Income Tax Act, and the support test in the Family Law Act. Meeting one test does not mean you meet the others.

Who can be the sponsor

The sponsor must be at least 18, be a Canadian citizen, a person registered under the Indian Act or a permanent resident, and live in Canada, or show a plan to live in Canada when the partner becomes a permanent resident. Outside Quebec, the undertaking lasts 3 years from the day the partner becomes a permanent resident.

An undertaking is a commitment you make to support your partner. Read its terms carefully before you sign, and ask a lawyer if anything is unclear.

Proving the relationship

IRCC asks for proof that the couple shares the same home, supports each other financially and emotionally, has children together (if applicable) and presents themselves in public as a couple.

For the 12 months together, IRCC lists examples of proof:

• Shared ownership of residential property.
• Joint leases or rental agreements.
• Bills for shared utility accounts.
• Important documents for both partners showing the same address, such as driver's licences or insurance policies.

You do not need all of these, and other proof may be considered. Common-law couples also complete the Statutory Declaration of Common-Law Union (IMM 5409). It must be signed by hand, and the person who administers the declaration must give their name, title and signature.

If you cannot live together

Someone who has been in a conjugal relationship with you for at least one year but cannot cohabit because of persecution or any form of penal control is considered a common-law partner.

A couple who cannot meet the cohabitation requirement for other reasons may be sponsored as conjugal partners. They must have been in a conjugal relationship with the sponsor for at least one year, and marriage or living together must not have been possible. The conjugal-partner rules in the guide are written for sponsors outside Quebec, so confirm the current rules that apply to you.

What to do next

• Work out how long you have lived together in a marriage-like relationship, and whether any gaps exist.
• Collect shared leases, utility bills and documents showing the same address.
• Gather evidence of shared finances, emotional support and how you present as a couple.
• Check the current IRCC guide and forms before you fill anything out.
• Speak with a lawyer if your history has gaps, you lived apart for any reason, or a past application was refused.

Frequently asked questions