top of page
Common-law partners

Common-Law Relationship

Couples who live together in a committed relationship without being legally married can qualify as common-law partners. IRCC acknowledges these partnerships for family sponsorship, permanent residence, and temporary work permits.

This page explains the policy of IRCC, the assessment criteria, operational guidelines, and the documents required to establish a common-law relationship.

IRCC Policy on Common-Law Partners

As per IRCC, a common-law partner refers to a person (of the same or opposite sex) who is living in a conjugal relationship with another person for at least 12 consecutive months.

 

  • The 12 months must be continuous, although short absences (e.g., travel for work or family emergencies) may not break the cohabitation period.

  • Evidence must show that the couple has combined their affairs and established a household similar to that of a married couple.

  • Couples must demonstrate that they share responsibilities and have built a life together.

 

Assessment Criteria for Common-Law Relationships

When demonstrating the common-law relationships, one must focus on two main factors:

​

  • Cohabitation: The couple must prove they have lived together continuously for at least one year. Occasional separations for valid reasons are acceptable, but cohabitation must generally be uninterrupted.

    • ​Must prove at least 12 months of living together.

    • Temporary absences are allowed if there is intent to continue the relationship.

​

  • Genuineness of Relationship: The relationship should not be entered into primarily for immigration purposes. Officers look for emotional, financial, and social interdependence to determine authenticity.​​

    • Emotional, financial, and social interdependence must be established.​

    • Proof should show a committed, marriage-like partnership.

​

Documents Required to Prove a Common-Law Relationship

Few examples of what can be shown as proof of common-law relationship​

​

  • Residential Proof

    • ​Joint lease agreements or rental receipts

    • Property ownership documents

    • Utility bills in both names or utility bills at address same as that of cohabitation.

​

  • Financial Dependence: 

    • Joint bank or credit card accounts

    • Shared insurance policies

    • Nominating each other in insurance policies

    • Money transfers or proof of financial support

    • Evidence of shared household expenses

​

  • Relationship Evidence

    • Photos over time (holidays, family events, casual daily life)​

    • Photos with family

    • Joint travel itineraries and bookings

    • Chat logs, emails, or call records

    • Affidavits/statutory declarations from friends or relatives

​

  • Status Documentation

    • Work/study permits, visitor records, PR cards​

    • Copies of entry/exit stamps in passports

​

  • Identity Documents

    • Passports, birth certificates, driver’s licenses​

    • Children’s birth certificates (if applicable)

​

​

Common-Law Relationships and the Spousal Open Work Permit (SOWP)

​

A Spousal Open Work Permit (SOWP) allows the spouse or common-law partner of certain temporary residents in Canada to work without a Labour Market Impact Assessment (LMIA). This permit is crucial for families who want to live together while the principal applicant studies or works in Canada.

​

Eligibility for Common-Law partners

  • The couple must demonstrate a genuine common-law relationship (at least 12 months of continuous cohabitation).

    • The principal applicant in Canada must be:

      • A skilled worker holding a valid work permit in a TEER 0, 1, 2, or 3 occupation (only few occupations from TEER 2 & 3) ; OR

      • An international student enrolled in a post-secondary academic program; OR

      • A permanent residence applicant under the inland spousal/common-law sponsorship class.

    • The common-law partner must provide comprehensive documentation of cohabitation and the genuineness of the relationship, similar to PR sponsorship requirements.

bottom of page