Proving Common-Law Status for Canadian Immigration From Ontario

You and your partner are putting together a sponsorship file, and you need to show you have lived together as a couple for a year. Many couples live together without ever signing anything jointly, so the question of what counts as proof is a practical one.

This article walks through what IRCC looks for, the documents it lists, the declaration you complete, what happens if you could not live together, and how to fill gaps if your paper trail is thin.

What you are trying to prove

The test is that you have been cohabiting in a conjugal relationship for at least one year. IRCC's guide describes this as living together for at least 12 consecutive months in a marriage-like relationship.

To show that kind of 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. Think of your file as telling one consistent story across all four areas.

Be careful not to mix up definitions. Different laws define a common-law partner differently. For immigration, the Immigration and Refugee Protection Regulations use a one-year test. For federal income tax, the Income Tax Act looks at a 12-month period of cohabitation, although a cohabiting conjugal partner who is a parent of the taxpayer's child counts even before 12 months. For spousal support under Ontario's Family Law Act, unmarried partners are spouses if they have cohabited continuously for at least three years, or, however long they lived together, if they cohabited in a relationship of some permanence and are the parents of a child. Being a common-law partner for one purpose does not automatically settle the question for another.

Documents IRCC lists for 12 months together

IRCC lists these as proof of 12 months together:

• 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 them, and other proof may be considered. A couple renting a room in a larger house may not have a joint lease, for example, and can look to other records instead.

Showing the rest of the relationship

An address match alone does not show a conjugal relationship. The four areas IRCC asks about include financial and emotional support and public presentation as a couple. Ordinary records can help with these areas, such as joint account statements, photos over time, travel records, messages and statements from family or friends.

If you have children together, their records can support the file because IRCC asks about children where applicable. Whatever you gather, make sure dates and addresses line up across documents, because inconsistencies draw questions.

The statutory declaration

Common-law couples 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.

Complete the declaration carefully. It should match your dates, addresses and other documents exactly. Forms and checklists change often, so confirm you are using the current version before you sign.

If you could not live together, and who can sponsor

There are exceptions to the living-together rule. Someone who has been in a conjugal relationship with the person 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 may instead 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 sponsor has requirements too. 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 they 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. Whether your own situation fits one of these categories depends on the facts, so it is worth confirming with a lawyer.

What to do next

Build your timeline first, then match documents to it. If a month looks thin, look for other records that cover it instead of leaving a gap. Remember that a relationship entered into primarily to gain status, or one that is not genuine, will not be recognized, so everything you submit should reflect the real relationship.

• List every address you have shared, with start and end dates.
• Collect lease, ownership, utility and insurance records for the full 12 months.
• Add records of shared finances, photos and communications over the year.
• Sign IMM 5409 by hand, and make sure the person administering it gives their name, title and signature.
• Check IRCC's current checklist and forms before filing.
• Ask a lawyer to review the file if there are gaps, time apart or mixed evidence.

Frequently asked questions