Ask an RCIC: For My Canadian Immigration Application — What Is A Common-Law Partner?

The term common-law partner might be new for some, especially if you’re from a country where this relationship isn’t legally recognized. But it’s an important distinction in Canada, especially when applying to immigrate.

What does it mean? Here are the key characteristics of a common-law partner:

• You’ve been living together for at least 12 consecutive months, but you’re not legally married.

• Can be of any sex.

• You must be 18 or older.

• You must have lived together continuously for a year without long separations. Short absences for work, business, or family obligations are fine—as long as the separation was short and temporary.

Here’s what’s important to remember:

Even though you’re not married, Canada legally recognizes common-law relationships.

You’ll need to prove your relationship is genuine and meets common-law criteria. This can include joint lease agreements, shared bills, or your relationship status on social media and photos showing your life together.

Living together continuously for at least 12 months is key. If you haven’t lived together for at least 12 consecutive months, your partner won’t be considered common-law by Canadian immigration. Once you’ve established a year of continuous living together, time apart is fine if you can show your relationship is genuine and ongoing.

Insider tip

Many people from countries where common-law partnerships aren’t recognized declare themselves as “single” on their Canadian immigration applications. This might seem harmless, but it can cause serious issues later if you want to sponsor your partner for immigration to Canada.

Based on Canadian definitions, correctly state your relationship status. If you’ve lived together continuously for over a year, declare your partner as common-law to avoid complications.

If your relationship status changes while your application is pending (e.g., you start living with a partner and reach the 1-year milestone before your application is finalized), declare your partner to IRCC, whether or not you’re adding them to your application.

Additional Information: Conjugal partners

If legal, immigration, or other barriers prevent you from living together or getting legally married, you might qualify as conjugal partners. For example, if you’re in a same-sex relationship in a country where this is illegal and face persecution.

Putting it all together

Understanding Canada’s relationship definitions can be tricky, especially if your home country doesn’t recognize similar concepts. But clarifying your relationship and gathering the right proof will avoid headaches later in your immigration journey.

For more information on common-law partnerships and Canadian immigration, visit the official IRCC website.