Common-Law Sponsorship Canada: 2026 Guide
By Narek Mirzoyan, RCIC # R1005184, LSO # P12490.
Last reviewed by Narek Mirzoyan, RCIC # R1005184, LSO # P12490, on 2026-07-29.
Common-law sponsorship in Canada lets an eligible citizen, permanent resident, or person registered under the Indian Act sponsor a qualifying partner.
The couple must have lived together in a conjugal relationship for at least 12 consecutive months.
The relationship category, evidence, sponsor eligibility, admissibility, and current IRCC instructions all affect the application.
The full sponsorship journey, from sponsor eligibility to landing, is covered in our guide to spousal sponsorship in Canada.
TL;DR
• Dating alone does not create common-law status for Canadian immigration.
• The couple generally needs at least 12 consecutive months of conjugal cohabitation.
• Short, temporary absences do not create an automatic 30-day reset.
• Build a month-by-month record of the shared home, household, finances, and any time apart.
• The online personalized checklist controls the required forms and documents.
• Most partner sponsorships have no minimum necessary income, but a limited dependent-child exception applies.
• Class selection affects cohabitation, travel risk, work-permit access, and the filing process.
• Check current IRCC tools for government fees and processing times.
Table of Contents
1. Key Takeaways
2. What Is Common-Law Sponsorship?
3. Common-Law, Married, and Conjugal Sponsorship Compared
4. Who Qualifies for Common-Law Sponsorship in 2026?
5. The 12-Month Cohabitation Rule
6. How to Build a 12-Month Evidence Timeline
7. Temporary-Separation Checklist
8. Common-Law Sponsorship Checklist: Documents You Need
9. How to Apply for Common-Law Sponsorship
10. Common-Law Sponsorship Fees
11. Common-Law Sponsorship Timeline and Processing Times
12. Common Mistakes That Lead to Refusal
13. Inland vs. Outland Common-Law Sponsorship
14. How Mirzoyan Immigration Services Can Help
15. Frequently Asked Questions
Key Takeaways
• Common-law status depends on 12 consecutive months of conjugal cohabitation, not the couple's chosen label.
• IRCC may accept short, temporary absences when the facts still show continuous cohabitation.
• There is no published rule that every 30-day separation restarts the 12-month period.
• A chronological evidence review can expose address, household, financial, and separation gaps before filing.
• The principal applicant submits online through the Permanent Residence Portal.
• Several principal-applicant forms are completed digitally, while sponsor forms are downloaded and digitally signed.
• IMM 5409 is not a universal requirement. Include it only when the personalized checklist requests it.
• Government fees and processing times must be checked through current IRCC tools.
What Is Common-Law Sponsorship?
For sponsorship purposes, a common-law partner is not legally married to the sponsor.
The partners must be at least 18 and have lived together in a conjugal relationship for 12 consecutive months.
The relationship must be genuine and not entered mainly to obtain permanent-resident status.
The sponsored partner must also meet admissibility and application requirements.
Read IRCC's current common-law eligibility rules before choosing this category.
Common-Law, Married, and Conjugal Sponsorship Compared
A spouse is legally married to the sponsor. The marriage must be legally valid and recognized for Canadian immigration purposes.
A common-law partner has completed at least 12 consecutive months of conjugal cohabitation with the sponsor.
A conjugal partner lives outside Canada and faces serious barriers to marriage or cohabitation beyond the couple's control.
Conjugal sponsorship is not a substitute for a couple that has not completed the common-law period.
Who Qualifies for Common-Law Sponsorship in 2026?
Sponsor Requirements
The sponsor must:
• be at least 18;
• be a Canadian citizen, permanent resident, or person registered under the Indian Act;
• live in Canada, subject to the rule for a Canadian citizen planning to return;
• not be barred from sponsoring under current IRCC rules;
• sign an undertaking and sponsorship agreement; and
• show the ability to provide basic needs.
A permanent resident living outside Canada cannot sponsor from abroad.
Most partner sponsorships have no minimum necessary income requirement.
An income exception applies when the sponsored partner has a dependent child who also has a dependent child.
Sponsored Person Requirements
The sponsored person must:
• be at least 18;
• not be legally married to the sponsor;
• have completed 12 consecutive months of conjugal cohabitation with the sponsor;
• be in a genuine relationship not entered mainly for immigration status;
• be declared with all required family members; and
• meet medical, criminal, security, and other admissibility requirements.
The 12-Month Cohabitation Rule
The partners must live together in a conjugal relationship for at least 12 consecutive months.
Count from when the shared household and conjugal relationship existed together, not from the first date or visit.
IRCC may accept short, temporary absences for reasons such as business travel or family obligations.
The facts should still show a shared home and an ongoing interdependent relationship.
IRCC does not publish an automatic 30-day reset. The reason, duration, home, and continuing relationship all need evidence.
How to Build a 12-Month Evidence Timeline
Create one timeline covering every month in the claimed common-law period.
For each month, record:
• the shared address;
• the documents showing each partner at that address;
• shared housing, utility, insurance, or financial records;
• household or relationship evidence;
• any days apart and the reason; and
• evidence that the shared household continued during an absence.
Mark address changes, name differences, missing months, and documents created much later.
Explain each material gap with dated evidence instead of leaving the officer to infer what happened.
This timeline is a preparation method, not an IRCC form or a guarantee of acceptance.
Temporary-Separation Checklist
For each period apart, record:
• the departure and return dates;
• the reason for the absence;
• whether the shared home remained available;
• continuing rent, utilities, insurance, or shared expenses;
• communication and travel records;
• plans showing the absence was temporary; and
• any effect on the household or relationship.
Do not rely on one document or a claimed day limit.
The complete record should explain why cohabitation remained continuous despite the temporary absence.
Common-Law Sponsorship Checklist: Documents You Need
The online personalized checklist controls the forms and documents for the chosen class, relationship, countries, and family composition.
The downloadable IMM 5589 checklist can help with planning. Online applicants do not submit that PDF unless IRCC specifically asks.
Current Digital and PDF Forms
The principal applicant completes these forms digitally in the portal:
• IMM 0008, Generic Application Form for Canada;
• IMM 5669, Schedule A;
• IMM 5406, Additional Family Information; and
• IMM 5562, Supplementary Information: Your Travels, when applicable.
The application also uses downloaded forms that are completed and digitally signed:
• IMM 1344, Application to Sponsor, Sponsorship Agreement and Undertaking; and
• IMM 5532, Relationship Information and Sponsorship Evaluation.
Use IMM 5476 when appointing a representative.
Include IMM 5409 only when the current personalized checklist requests it.
Identity, Status, and Family Records
Provide the passports, civil-status records, status documents, family records, and country-specific items listed in the portal.
Declare every required family member, including non-accompanying family members.
Proof of a Genuine Common-Law Relationship
Possible evidence includes:
• joint ownership or a joint lease;
• shared utility accounts;
• identification, insurance, or government records showing the same address;
• shared financial or household records; and
• other dated evidence covering the relationship and cohabitation.
IRCC does not require every example in every case. Follow the personalized checklist and explain the evidence selected.
Use the genuine-relationship evidence guide for a deeper evidence review.
Police Certificates, Medicals, Photos, and Translations
Applicants and family members aged 18 or older generally need police certificates for relevant non-Canadian countries.
The rule generally covers a country where the person spent six months in a row since age 18.
Follow each country's instructions because the timing and request process can differ.
IRCC normally sends medical-exam instructions at the appropriate processing stage.
Follow the current portal and personalized-checklist instructions for photographs.
Documents not in English or French need the required translation.
A translator affidavit is generally required when the translator is not certified.
How to Apply for Common-Law Sponsorship
Step 1: Confirm Eligibility and Class
Confirm sponsor eligibility, the 12-month common-law period, admissibility issues, and the correct sponsorship class.
Compare the inland and outland sponsorship routes before choosing.
Step 2: Create the Portal Application
The principal applicant creates the Permanent Residence Portal application and selects the correct sponsorship category.
Generate the personalized checklist before assembling the final package.
Step 3: Complete the Current Forms
Complete the digital forms in the portal.
Download, complete, and digitally sign the current PDF forms identified by IRCC.
Step 4: Organize the Evidence
Build the cohabitation timeline, identify gaps, explain temporary absences, and match each document to the claimed period.
Step 5: Pay the Current Fees
Use IRCC's current fee list and payment instructions.
Save the receipt and confirm every required applicant and biometric fee before submission.
Step 6: Submit Online
Upload the forms and evidence listed in the personalized checklist.
Review names, dates, addresses, signatures, uploads, and declarations before the principal applicant submits.
Step 7: Follow IRCC Instructions
Monitor the account for the acknowledgement, biometrics, medical instructions, document requests, and decision notices.
Report material family, address, contact, or status changes through the required channel.
Common-Law Sponsorship Fees
Government fees depend on the sponsored applicant, accompanying family members, biometrics, and the payments selected.
Check IRCC's current fee list immediately before payment.
Do not rely on a saved amount because the fee schedule can change.
IRCC fees are separate from professional fees.
Mirzoyan Immigration Services charges a flat professional fee for the agreed scope. The written agreement identifies that scope before work begins.
Common-Law Sponsorship Timeline and Processing Times
IRCC processing times change and depend on the class, location, completeness, admissibility work, and case-specific requests.
Use IRCC's live processing-time tool instead of a saved estimate.
The displayed time is an estimate, not a decision deadline.
What Happens After You Apply?
IRCC may:
• confirm receipt and begin processing;
• request biometrics or medical examinations;
• assess the sponsor;
• assess relationship eligibility and admissibility;
• request more documents or an interview; and
• issue the final instructions or decision.
The order and number of steps can differ.
Keep copies of the complete submission, receipts, messages, and later uploads.
Respond by each stated deadline and report material changes promptly.
Common Mistakes That Lead to Refusal
Check for these filing problems before submission:
• claiming common-law status before completing 12 consecutive months;
• submitting documents without a clear month-by-month chronology;
• leaving address changes or temporary absences unexplained;
• choosing a class that does not match the couple's residence and plans;
• using outdated forms or missing digital declarations;
• treating IMM 5409 as mandatory without checking the personalized list;
• assuming no minimum income means the undertaking does not matter;
• missing country-specific police, translation, or civil-document instructions; and
• failing to report material changes after submission.
No single document proves every relationship.
The application should connect the legal category, dates, shared household, relationship evidence, and required forms.
An incomplete package usually comes back unprocessed. Our page on what to do when IRCC returns a spousal sponsorship application explains the recovery steps.
Inland vs. Outland Common-Law Sponsorship
The two routes have different residence, status, travel, and work-permit consequences.
Spouse or Common-Law Partner in Canada Class
The partners generally live together in Canada.
The applicant usually needs valid temporary status, maintained status, restoration eligibility, or coverage under the current spousal public policy.
Travel can create risk if the applicant cannot return and continue living with the sponsor in Canada.
A qualifying applicant may apply for an open work permit after receiving the permanent-residence acknowledgement of receipt.
The applicant generally needs valid status, maintained status, or restoration eligibility.
A limited route without the acknowledgement may apply when status expires in two weeks or less.
An out-of-status applicant under the public policy generally waits for approval in principle and applies on paper.
Check the current open-work-permit conditions before applying.
Family Class
Family Class can fit a partner living outside Canada.
It may also fit a partner in Canada who does not plan to remain there throughout processing.
No route is automatically faster in every case.
Choose the class from the couple's actual residence, status, travel needs, cohabitation plans, and current IRCC instructions.
How Mirzoyan Immigration Services Can Help
Mirzoyan Immigration Services can review sponsor eligibility, class selection, the cohabitation timeline, temporary absences, forms, and relationship evidence.
The One on One Advisory process focuses on the facts and documents in your file. It does not replace IRCC's decision.
Professional fees are flat fees for an agreed scope and are confirmed in writing before work begins.
Review the spousal sponsorship in Canada service page before booking.
Book a common-law sponsorship consultation or call 1-888-636-2122 to discuss your application.
Frequently Asked Questions
How long does it take to sponsor a common-law partner in Canada?
IRCC processing times change by class, location, completeness, admissibility work, and case-specific requests. Use IRCC's live processing-time tool for the current estimate. The displayed figure is not a decision deadline. Avoid planning travel, status, or work authorization around an old published range.
How much is common-law sponsorship?
The government cost depends on the sponsored applicant, accompanying family members, biometrics, and selected payments. Check IRCC's current fee list before paying. Government fees are separate from professional fees. Mirzoyan Immigration Services charges a flat professional fee for an agreed scope confirmed in writing.
Is a boyfriend considered a common-law partner?
The label boyfriend does not establish common-law status for Canadian immigration. The partners generally must have lived together in a conjugal relationship for at least 12 consecutive months. Dating, visiting, or maintaining separate homes does not meet that definition without the required cohabitation.
How to petition common law in Canada?
Canada uses the term sponsorship rather than petition. Confirm sponsor eligibility and 12 months of conjugal cohabitation. The principal applicant then files online through the Permanent Residence Portal. Complete the personalized forms, upload the relationship and civil documents, pay current fees, and follow later IRCC requests.
Can I sponsor my common-law partner in Canada?
You may qualify if you are an eligible sponsor and have completed 12 consecutive months of conjugal cohabitation. The relationship must be genuine. The partner must meet admissibility and application requirements. Your residence, status, prior sponsorships, financial undertaking, and chosen class must also meet current IRCC rules.
This article provides general information, not legal advice. Sponsorship forms, fees, processing times, public policies, and work-permit rules can change. Review current official instructions before submitting.
| Relationship category | Central requirement | Central evidence | Not a substitute for |
|---|---|---|---|
| Spouse | A legally valid marriage recognized for Canadian immigration purposes | Marriage record, identity records, and proof that the relationship is genuine | A marriage that is legally invalid or not recognized |
| Common-law partner | At least 12 consecutive months of conjugal cohabitation | A chronological record of the shared home, household, finances, and relationship | Dating without the required period of cohabitation |
| Conjugal partner | Partner outside Canada with serious barriers preventing marriage or cohabitation | The genuine relationship and the barriers beyond the couple's control | Choosing not to marry or waiting to complete 12 months together |
