Common Law Sponsorship Canada 2026: Complete Guide
Table of Contents
Key Takeaways
What Is Common Law Sponsorship?
Who Qualifies for Common Law Sponsorship in 2025?
Common Law Sponsorship Checklist: Documents You Need
How to Apply for Common Law Sponsorship
Common Law Sponsorship Fees
Common Law Sponsorship Timeline and Processing Times
Common Mistakes That Lead to Refusal
Inland vs. Outland Common Law Sponsorship
Frequently Asked Questions
How Mirzoyan Immigration Can Help
Key Takeaways
Cohabitation is non-negotiable: You must prove at least 12 consecutive months of living together in a conjugal relationship. Short, temporary absences are acceptable, but longer gaps must be explained.
Document everything early: Start collecting proof of your shared life from day one. Joint leases, shared bills, bank statements, and photos all strengthen your application.
Processing takes 9 to 21 months: Outland applications are generally faster. Inland applications take longer but allow your partner to get an open work permit.
Work with a licensed professional: An RCIC like Mirzoyan Immigration Services reviews your evidence package, identifies gaps, and ensures your application is complete and accurate before submission.
Common law sponsorship allows Canadian citizens and permanent residents to sponsor their common-law partner for permanent residence. You do not need to be legally married. If you have lived together in a genuine, conjugal relationship for at least 12 consecutive months, you may qualify. Immigration, Refugees and Citizenship Canada (IRCC) treats common-law relationships the same as marriages for sponsorship purposes. This guide covers everything you need to know about the common law sponsorship application process in 2026, including eligibility, required documents, fees, and processing times.
What Is Common Law Sponsorship?
Common law sponsorship is a family class immigration program run by IRCC. It lets a Canadian citizen or permanent resident sponsor their common-law partner to become a permanent resident of Canada. The program recognizes that committed relationships do not always include a marriage certificate.
Under the Immigration and Refugee Protection Regulations (IRPR), a common-law partner is someone who has lived with you in a conjugal relationship for at least one continuous year. The relationship must be genuine, meaning you share emotional, financial, and social commitments similar to a married couple. IRCC uses the same sponsorship process for common-law partners as it does for married spouses.
Both opposite-sex and same-sex common-law relationships are fully recognized under Canadian immigration law. Your relationship must be current and ongoing at the time you submit your application.
Key Differences: Common Law vs. Married Sponsorship
The main difference is how you prove your relationship. Married couples rely on a marriage certificate as their primary proof. Common-law partners must provide extensive documentation showing at least 12 months of continuous cohabitation. IRCC requires stronger evidence for common-law applications because no single legal document confirms the relationship.
From our experience at Mirzoyan Immigration, common-law sponsorship applications require more careful document preparation than married spouse applications. A weak evidence package is the most common reason we see for refusals in this category.
Who Qualifies for Common Law Sponsorship in 2025?
Both the sponsor and the sponsored person must meet specific requirements set by IRCC.
Sponsor Requirements
To sponsor your common-law partner, you must meet all of the following conditions:
You are a Canadian citizen or permanent resident.
You are at least 18 years old.
You are not receiving social assistance (except for disability).
You are not in bankruptcy proceedings.
You are not currently under a removal order.
You have not been convicted of certain offences (such as domestic violence or sexual offences).
You are not currently sponsoring another person whose undertaking period is still active.
You were not sponsored as a spouse or partner yourself within the past five years.
Sponsored Person Requirements
Your common-law partner must also meet IRCC's requirements:
They are at least 18 years old.
They have lived with you for at least 12 consecutive months in a conjugal relationship.
They are in a genuine relationship with you, not entered into primarily for immigration purposes.
They are not inadmissible to Canada on medical, criminal, or security grounds.
Any previous marriages or common-law relationships must be legally ended.
The 12-Month Cohabitation Rule
This rule is the foundation of every common law sponsorship Canada application. You and your partner must have lived together continuously for at least 12 months in a conjugal relationship. Short, temporary separations for work travel or family emergencies are acceptable. However, IRCC expects you to have maintained a shared home during that period.
Longer separations (typically 30 days or more) can reset the 12-month clock. If you were separated for an extended period, you should explain the reason in a cover letter and provide evidence that the relationship continued during the separation.
Common Law Sponsorship Checklist: Documents You Need
A complete common law sponsorship application is critical to avoiding delays and refusals. Below is a comprehensive list of documents you should gather before submitting your application, and the complete IRCC guide can be found here.
Required IRCC Forms
IMM 1344 – Application to Sponsor, Sponsorship Agreement and Undertaking
IMM 0008 – Generic Application Form for Canada
IMM 5669 – Schedule A: Background/Declaration
IMM 5406 – Additional Family Information
IMM 5409 – Statutory Declaration of Common-Law Union
IMM 5532 – Relationship Information and Sponsorship Evaluation
IMM 5476 – Use of a Representative (if using an RCIC or lawyer)
Identity and Status Documents
Valid passports for both the sponsor and the sponsored person
Birth certificates for both partners
Proof of Canadian citizenship or permanent residence (for the sponsor)
Proof of temporary resident status in Canada (if applying inland)
National identity cards (if applicable)
Any previous divorce decrees or death certificates ending prior relationships
Proof of Genuine Common-Law Relationship
IRCC requires at least two of the following documents to prove you are living together at the time of application. The more evidence you provide, the stronger your case.
Joint lease agreement or mortgage documents showing both names
Joint utility bills (gas, electricity, internet, phone) at the same address
Joint bank account statements or credit card statements
Documents showing both partners at the same address (pay stubs, tax returns, driver’s licences)
Statutory Declaration of Common-Law Union (IMM 5409) signed by both partners
Up to 20 photographs of you and your partner together, each with a brief description
Communication records (messages, emails, call logs) showing an ongoing relationship
Letters from friends or family confirming your relationship
Proof of joint travel (boarding passes, hotel bookings)
Insurance policies listing each other as beneficiaries
Additional Required Documents
Police clearance certificates from every country where you or your partner lived for six months or more since age 18
Immigration medical exam results from an IRCC-approved panel physician
Two passport-style photos for each person included in the application
Proof of fee payment (IRCC receipt)
Pro tip from Mirzoyan Immigration: We recommend organizing your documents chronologically and labelling each file clearly. A well-organized application signals credibility to the reviewing officer and speeds up processing.
How to Apply for Common Law Sponsorship
The common law sponsorship application process involves two parts submitted together: the sponsor’s application and the sponsored person’s permanent residence application. Here is a step-by-step guide.
Step 1: Confirm Your Eligibility
Review IRCC’s eligibility requirements for both the sponsor and the sponsored person. Make sure you have completed at least 12 consecutive months of cohabitation before you submit your forms.
Step 2: Create Your IRCC Account
Sign in to the IRCC Permanent Residence Portal or create a new account. The principal applicant (the person being sponsored) submits both applications through this portal.
Step 3: Complete All Required Forms
Fill out every form listed in the document checklist. Both the sponsor and the sponsored person must complete their respective sections. Make sure you answer every question.
Step 4: Gather and Organize Your Documents
Compile all documents from the checklist above. Scan everything clearly and ensure all documents in languages other than English or French are translated by a certified translator.
Step 5: Pay Your Fees
Pay all required government fees through the IRCC online fee payment system. Save your receipt and upload it with your application.
Step 6: Submit Your Application
Upload all forms, documents, photos, and your payment receipt through the IRCC portal. After submission, IRCC will send an Acknowledgement of Receipt (AOR) confirming your application is in processing.
Step 7: Provide Biometrics
IRCC will send a biometrics instruction letter. You have 30 days from the date of that letter to visit a biometrics collection site and provide your fingerprints and photograph.
Common Law Sponsorship Timeline and Processing Times
Understanding the common law sponsorship timeline helps you set realistic expectations and plan your next steps. IRCC’s service standard for spousal and common-law sponsorship is 12 months. However, actual processing times vary based on your application type, country of residence, and individual circumstances.
Application Type & Estimated Processing Time:
Inland (partner in Canada) - 12 to 21 months
Outland (partner outside Canada) -9 to 13 months
Acknowledgement of Receipt (AOR) - 4 to 8 weeks after submission
Sponsor Eligibility Decision - Approximately 4 months
Open Work Permit (if inland) - 2 to 5 months
Check the IRCC processing times tool for the most current estimates. Processing times are updated regularly.
What Happens After You Apply?
After you submit your application, IRCC processes it in several stages.
IRCC confirms receipt and sends your Acknowledgement of Receipt (AOR).
IRCC reviews the sponsor’s eligibility (approximately four months).
If approved, IRCC assesses the sponsored person’s permanent residence application.
IRCC may request additional documents, a medical exam, or an interview.
Once approved, the sponsored person receives Confirmation of Permanent Residence (COPR).
Common Mistakes That Lead to Refusal
IRCC refuses common-law sponsorship applications for several predictable reasons. Knowing these pitfalls helps you avoid them.
Insufficient proof of cohabitation: Failing to show 12 continuous months of living together is the most common reason for refusal. Provide multiple types of evidence from different sources.
Weak relationship evidence: Only submitting a few photos or a single joint bill is not enough. IRCC expects a comprehensive evidence package.
Missing or expired documents: Forgetting to include a form, submitting expired police certificates, or missing signatures can cause your application to be returned.
Unexplained gaps: If you spent time apart during the 12-month period, explain why in a cover letter. Unexplained gaps raise red flags.
Incorrect fees: Paying the wrong amount delays your application. Double-check the current fee schedule before submitting.
Previous relationship not legally ended: Both partners must have legally ended any previous marriage or common-law relationship before applying.
Medical or criminal inadmissibility: Failing the medical exam or having a criminal record without rehabilitation can result in refusal.
Inland vs. Outland Common Law Sponsorship
You can apply through two streams depending on where your partner is living.
Inland Sponsorship
Use this stream if your common-law partner is already living with you in Canada. Your partner must have valid temporary resident status (or maintained status). The main advantage of inland sponsorship is that your partner can apply for a spousal open work permit while waiting for permanent residence approval. This lets them work legally for any employer in Canada.
The trade-off is that inland processing times tend to be longer. If your partner leaves Canada while the application is being processed, IRCC may stop processing it.
Outland Sponsorship
Use this stream if your common-law partner lives outside Canada. Your partner can also use this stream even if they are currently in Canada. Outland applications are typically processed faster (approximately 9 to 13 months). However, your partner does not automatically get a work permit while waiting.
If the outland application is refused, you have the right to appeal the decision to the Immigration Appeal Division. This right is not available for inland refusals.
How Mirzoyan Immigration Can Help
Common-law sponsorship applications are among the most documentation-heavy files in Canadian immigration. Without a marriage certificate to rely on, every piece of evidence matters. At Mirzoyan Immigration Services, we provide personalized guidance from a licensed Regulated Canadian Immigration Consultant (RCIC) to help you build the strongest possible application.
Unlike larger firms, you work directly with your consultant throughout the entire process. We offer transparent, flat-fee pricing with no hidden costs.
Our services include a comprehensive list of support throughout your application.
Eligibility assessment for both the sponsor and the sponsored person
Personalized common law sponsorship checklist tailored to your situation
Document review and gap analysis
Application form completion and quality check
Cover letter preparation explaining your relationship timeline
Submission through the IRCC portal and follow-up
Ongoing support until you receive your permanent residence decision
You can verify our RCIC status on the College of Immigration and Citizenship Consultants (CICC) Public Register.
Ready to get started? Contact Mirzoyan Immigration Services today for a consultation. Visit mirzoyanimmigration.ca to learn more and take the first step toward reuniting with your partner in Canada.
Frequently Asked Questions
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You prove your relationship by submitting a combination of documents that show at least 12 months of continuous cohabitation. This includes joint leases, shared utility bills, bank statements, photographs, communication records, and the Statutory Declaration of Common-Law Union (IMM 5409). IRCC looks for evidence of emotional, financial, and social commitment.
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No. The 12-month continuous cohabitation requirement is strict. You must complete 12 consecutive months before submitting your application. If living together was impossible due to immigration restrictions, you may qualify under the conjugal partner category instead.
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Common-law sponsorship requires 12 months of living together. Conjugal partner sponsorship is for couples who could not live together or marry due to serious barriers beyond their control, such as immigration restrictions or laws in their home country. The conjugal category is harder to prove and requires evidence of the barrier preventing cohabitation.
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The common law sponsorship timeline depends on which stream you use. Inland applications typically take 12 to 21 months. Outland applications take approximately 9 to 13 months. IRCC’s service standard is 12 months, but many factors affect actual processing times.
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If you apply through the inland stream, your partner can apply for a spousal open work permit (SOWP) once you receive your Acknowledgement of Receipt (AOR). The SOWP lets them work for any employer in Canada without needing a job offer or LMIA.
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No. There is no minimum income requirement for sponsoring a spouse or common-law partner in Canada. However, you must not be receiving government social assistance (except disability benefits) and you must not be in bankruptcy proceedings.
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If your outland application is refused, you can appeal to the Immigration Appeal Division (IAD). If your inland application is refused, you do not have appeal rights. In either case, you can review the refusal reasons and submit a new application that addresses the officer’s concerns.
