Proving a Common-Law Relationship to Immigration Authorities: Evidence (Ontario)

If you and your partner are not married but want to apply to IRCC as a couple, you will need to show that you meet the definition of a common-law partner. The key question is usually whether you have lived together long enough, and whether you can prove it.

This article explains the one-year rule, how IRCC treats time apart, and how to think about gathering evidence. Living in Ontario does not change the federal definition, but your day-to-day records are likely to come from Ontario sources.

The one-year cohabitation requirement

The Immigration and Refugee Protection Regulations define a common-law partner as someone who has cohabited with the person in a conjugal relationship for at least one year.

IRCC explains that the partner must have lived with you for at least 12 consecutive months without long periods apart. Short, temporary absences for family obligations or work or business travel are acceptable.

Note that this one-year test is an immigration test. Other laws use different periods, so being common-law for one purpose does not settle it for another.

When a couple cannot live together

Someone in a conjugal relationship for at least one year who cannot cohabit because of persecution or any form of penal control is considered a common-law partner. This is a narrow exception, and whether it fits your circumstances is a question for a lawyer who handles immigration matters.

What evidence shows you lived together

IRCC says a common-law partner must have lived with you for at least 12 consecutive months without long periods apart, and short, temporary absences for family obligations or work or business travel are acceptable. So you want evidence that shows a shared home and a shared life across the whole period, not only on one date.

• Shared address: a lease, mortgage or property documents, or utility bills in both names.
• Official mail: government letters, bank statements or insurance papers sent to the same address.
• Shared finances: joint accounts, shared bills and shared expenses.
• Everyday life: photos over time, travel records and messages that show you as a couple.
• Other people's confirmation: letters or declarations from family and friends who know you as a couple.

In Ontario family law cases, courts looking at whether a couple cohabited weigh shared shelter, sexual and personal behaviour, services, social activities, economic support, children, and how society perceived the couple, with all factors weighed together. That test is from family law rather than immigration, but the same kinds of evidence are a useful guide to what shows a genuine shared life. Which documents suit your application depends on your situation, so it is worth confirming with a lawyer.

Common problems to plan for

Gaps are the most frequent difficulty. If you were apart for work, study or family reasons, be ready to explain why and for how long, because IRCC accepts short, temporary absences but looks for no long periods apart.

Mismatched addresses are another. If your records show different addresses, how this affects your application depends on your situation, so it is worth confirming with a lawyer. Whether a couple living in separate homes can qualify is fact-specific, so get advice before applying on that basis.

What to do next

• Work out the date you began living together and confirm you can document at least one year.
• Collect documents covering the full period, not just recent months.
• List any time apart, with dates and reasons.
• Read the current IRCC instructions and forms for your application before submitting.
• Ask a lawyer to review your evidence if there are gaps, separate addresses or earlier relationships.

Frequently asked questions