Understanding how to prove your common law relationship for Canadian immigration is essential for sponsorship applications. This guide explains the required documents, how to show 12 months of cohabitation, and what counts as valid evidence under IRCC rules to help you build a strong case for family sponsorship to Canada.
Understanding the Common Law Relationship in Canadian Immigration
What Is a Common Law Relationship According to IRCC?
In Canadian immigration, a common law relationship is defined as a couple who has lived together in a conjugal relationship for at least 12 consecutive months. This is recognized by Immigration, Refugees and Citizenship Canada (IRCC) for sponsorship and permanent residence applications.
Unlike a legal marriage, a common law partnership doesn’t require a marriage certificate. However, the burden of proof is higher. You need to demonstrate that your relationship is real, committed, and stable.
Why Proving Your Common Law Relationship Matters
Whether you’re applying through the Family Sponsorship Programme, Canadian Experience Class, or another immigration stream, proper documentation is critical. If you’re sponsoring your common law partner to come to Canada or to remain in Canada, you must prove that your relationship meets the legal definition.
Incomplete or insufficient proof can lead to delays or refusals, which can be emotionally and financially stressful. That’s why it’s important to understand the common law documentation requirements.
Documents for Common Law Sponsorship: What You Need
Core Documents Required by IRCC
To prove your common law relationship, IRCC requires several types of documents. The more comprehensive your evidence, the stronger your application. Here are the key documents:
- Statutory Declaration of Common Law Union (IMM 5409): This form must be signed by both partners and a commissioner of oaths or notary. It’s a formal declaration that confirms your relationship.
- Proof of cohabitation for 12 months: This is the foundation of your claim. You’ll need to show you’ve lived together continuously for at least one year before the application. We’ll explore how to prove living together 12 months in detail below.
- Joint financial documents: These include joint bank account common law evidence, shared credit cards, or co-owned property.
- Shared bills and lease agreements: A lease agreement common law couples share helps prove the shared residence. Utility bills with both names are also useful.
- Government-issued documents: These include driver’s licences or health cards showing the same address.
- Photos, communication records, and social proof: These help show the emotional and social aspects of your relationship.
Optional but Helpful Documents
While not strictly required, these documents can strengthen your application:
- Travel itineraries showing trips taken together
- Beneficiary designations on insurance or wills
- Mail addressed to both partners at the same address
- Affidavits from friends and family confirming your relationship
What Is a Common Law Affidavit in Canada?
A common law affidavit Canada is a sworn statement from someone who knows you as a couple. It serves as third-party support of your relationship. These affidavits can be signed by friends, colleagues, or family members who have witnessed your partnership. While not mandatory, they are often used as supporting documents.
Proving 12 Months of Cohabitation
What Counts as Cohabitation?
Cohabitation means that you and your partner have lived together in a marriage-like relationship continuously for 12 months. Occasional short breaks (for work or travel) may be acceptable, but IRCC expects solid proof of consistent shared living.
Acceptable Forms of Cohabitation Proof Canada Immigration Recognizes
To meet the common law documentation requirements under IRCC, you should provide multiple forms of evidence. Below are examples:
- Lease or rental agreements: A joint lease agreement common law partners sign is strong evidence.
- Utility bills: Include electricity, water, internet, or heating bills with both names.
- Joint bank account statements: Regular transactions and shared expenses support your claim.
- Driver’s licences or provincial IDs: Both showing the same address.
- Official letters: From employers, government agencies, or schools addressed to both partners.
Tips for Strengthening Your Cohabitation Evidence
- Label and organize your documents by date.
- Include a cover letter explaining your living situation.
- If you had to live apart temporarily, explain the reason and include proof (e.g., work contracts, travel records).
How to Prove Living Together 12 Months: A Practical Checklist
Use this checklist to make sure you’ve covered all the bases:
- 12 months of joint lease or rental agreements
- Utility bills addressed to both partners or showing same address
- Joint bank account statements over the 12-month period
- Mail or official documents proving shared address
- Photos of you together across the 12 months
- Affidavits/statutory declarations from people close to you
Common Law Evidence Canada Immigration Officers Look For
Joint Bank Account Common Law Evidence
Sharing a bank account is one of the strongest pieces of evidence. It shows financial interdependence, which IRCC views as a sign of a genuine relationship. Include statements that show:
- Shared expenses (e.g., rent, groceries, utilities)
- Deposits from both partners
- Consistent account activity
Lease Agreement Common Law Proof
A joint lease agreement or mortgage document is essential. If you are not both named on the lease, submit a letter from the landlord stating you both live at the address, along with utility bills or mail confirming the shared residence.
Statutory Declaration Common Law Requirements
In addition to the IMM 5409 form, you may submit additional statutory declarations from family and friends. These should state:
- How they know you
- How long they’ve known you as a couple
- Examples of your life together (e.g., holidays, family events)
Common Law Affidavit Canada: What to Include
If you choose to include affidavits, be sure they are:
- Signed and dated
- Sworn before a notary or commissioner of oaths
- Detailed and specific to your relationship
Helpful Tip: Organize Your Documents
IRCC appreciates a well-organized application. Here’s how you can prepare:
- Use a binder or PDF naming system
- Include a table of contents
- Write a relationship timeline
- Group evidence by category: financial, residential, social, etc.
How EverNorth Can Help You Prove Your Common Law Relationship
Why Work With a Canadian Immigration Expert?
Proving a common law relationship can be complex, especially when gathering varied documents from different countries or addressing gaps in the timeline. At Immigration to Canada (EverNorth), we help couples navigate these requirements with confidence and clarity.
Our experienced team can help you:
- Prepare a complete and convincing application
- Review your documents for consistency and strength
- Address any weak areas in your case
- Provide a free immigration assessment to determine your eligibility
Supporting Applicants from Around the World
Whether you’re applying from India, the UK, Philippines, Nigeria, or anywhere else in the world, our team can assist with preparing and submitting your application under Canadian immigration law.
Take the Next Step
If you’re unsure about your documents or need help preparing your proof of common law relationship Canada immigration officers will accept, we encourage you to assess your immigration options today.
Explore More Canadian Immigration Pathways
If you’re considering further options, take a look at our guides on:
- Canadian immigration pathways for families and individuals
- Express Entry immigration process
- Applying for permanent residence in Canada
Your Journey Starts Here
Building a life in Canada with your partner is an exciting step. With the right guidance and documentation, your common law sponsorship application can be a smooth and successful process. Whether you choose to apply on your own or with our help, make sure your evidence is thorough, accurate, and well-presented.
Addressing Common Challenges in Proving a Common Law Relationship
What If You Don’t Have Enough Joint Documents?
It’s not uncommon for couples to face challenges when gathering joint documentation, especially if your relationship began in different countries or if you started living together informally. If you don’t have a joint lease, shared bank account, or official letters, don’t worry — there are still ways to build a strong case.
Here are solutions to common documentation gaps:
- No joint lease: Get a letter from your landlord confirming both of you live at the address, and provide utility bills or correspondence showing your names at the same address.
- No joint bank account: Submit individual bank statements showing shared expenses (e.g., e-transfers between partners, rent payments, grocery receipts).
- Recently moved in together: You must wait until you’ve completed 12 months of cohabitation before applying. Start gathering documentation from day one.
If you’re still unsure about your documentation, a professional immigration evaluation can help you identify gaps early and develop a plan to gather stronger evidence.
Long-Distance Periods During the Relationship
IRCC understands that couples may be temporarily apart due to work, school, or family emergencies. Short separations don’t automatically disqualify your application. However, you must provide:
- Proof of continued communication during the separation (e.g., chats, call logs, emails)
- Travel records showing visits
- Letters explaining the reason for the separation
Submit a timeline that clearly explains when and why you were apart, and how your relationship remained strong despite the distance.
When One Partner Is Not in Canada
If your partner is outside Canada, proving a common law relationship can be slightly more complex. You’ll need to show that you lived together for 12 consecutive months, even if it was outside Canada. Acceptable documents include:
- Foreign lease agreements or property titles
- Shared utility bills or bank accounts in another country
- Photos and travel records that support your cohabitation timeline
You can also include documents translated into English or French, along with certified translations if the originals are in another language.
Understanding the Sponsorship Process for Common Law Partners
The Family Sponsorship Pathway
Under the Family Sponsorship Programme, Canadian citizens and permanent residents can sponsor their common law partner for permanent residence. To qualify, the sponsor must:
- Be at least 18 years old
- Live in Canada or plan to return once the partner becomes a permanent resident
- Not be receiving social assistance (except for disability)
- Be able to financially support their partner for 3 years after arrival
Inside Canada vs. Outside Canada Applications
You can sponsor your common law partner through either the Inland or Outland process:
Inland Sponsorship
If your partner is already living in Canada with valid temporary status (e.g., visitor, worker, or student), you can apply through the Inland route. Your partner may also be eligible for an open work permit during processing.
Outland Sponsorship
If your partner lives outside Canada, apply via the Outland process. This may allow for faster processing depending on the visa office handling the application. Your partner can still visit Canada during processing, but they must maintain valid status.
Application Components and Relationship Proof
Your sponsorship application will include:
- Application forms (IMM 1344, IMM 0008, IMM 5409, etc.)
- Relationship questionnaire detailing your history, cohabitation, and future plans
- Supporting documents (photos, cohabitation proof, statutory declarations)
- Police certificates and medical exams for the sponsored partner
IRCC will assess whether your relationship is genuine and not primarily for immigration purposes. Submitting clear, consistent, and truthful documentation is key.
How Long Does Processing Take?
Processing times vary depending on the country and whether the application is Inland or Outland. On average, IRCC aims to process spousal and common law sponsorship applications within 12 months. However, incomplete applications or doubts about the relationship can cause delays.
To avoid unnecessary setbacks, consider getting guidance from a regulated immigration consultant. At Immigration to Canada (EverNorth), we can help ensure your application is complete and compliant with IRCC requirements.
Additional Tips for Strengthening Your Application
Build a Relationship Timeline
A relationship timeline is a simple yet powerful tool. It outlines key milestones in your relationship, such as:
- When and how you met
- When you moved in together
- Trips taken or time spent with family
- Major events (e.g., anniversaries, life changes)
A well-written timeline provides context for your documents and helps the immigration officer understand your journey as a couple.
Include Photographs and Social Media Evidence
While photos alone are not enough, they help humanize your application and show shared experiences. Choose images that show you with friends and family, during trips, or celebrating events. Label each photo with the date, location, and people present.
Social media posts, messages, or screenshots can also show ongoing communication and interaction, especially if you spent time apart.
Prepare for a Possible Interview
In some cases, IRCC may request an interview to assess the genuineness of your relationship. You’ll be expected to answer personal questions about your partner, your life together, and your future plans.
To prepare:
- Review your application and relationship timeline
- Make sure both partners are familiar with details
- Be honest and consistent with your answers
An interview doesn’t mean your application is weak — it’s simply part of the IRCC’s process when additional verification is needed.
Keep Copies and Track Submissions
Always keep copies of everything you submit. Use a tracking number when mailing physical documents, or confirm submission when uploading online. If IRCC requests additional information, respond promptly and clearly.
Common Law Sponsorship and Other Immigration Pathways
Can You Apply Through Express Entry as a Common Law Partner?
Yes. If you or your partner are applying through Express Entry, you can include your common law partner in the application. You’ll still need to prove your relationship, using the same types of documentation discussed earlier.
For example, under the Canadian Experience Class or Federal Skilled Worker stream, your partner can be included as a dependent. If they are also highly skilled, they may be added as a secondary applicant, potentially boosting your CRS score.
You can use our CRS calculator to estimate how your partner affects your score.
Provincial Nominee Programmes (PNPs)
Some Provincial Nominee Programmes also allow common law partners to be included in applications. For instance, if you’re applying through the Ontario Immigrant Nominee Programme (OINP) or BC PNP, you must show that your partner meets the eligibility requirements and that your relationship is genuine.
Each province may have slightly different documentation requirements, so always check the specific programme’s guidelines or consult an immigration expert.
Conclusion: Presenting a Strong Case for Your Common Law Sponsorship
Proving your common law relationship for Canadian immigration takes time, attention to detail, and a clear understanding of IRCC expectations. By gathering robust documentation — including proof of cohabitation, shared finances, and emotional ties — you can build a compelling case for sponsorship or inclusion in another immigration programme.
Whether you’re submitting a sponsorship application, applying through Express Entry, or exploring Canadian immigration pathways, the strength of your relationship evidence can make a significant difference.
If you’re unsure where to begin or want to avoid costly delays, Immigration to Canada (EverNorth) is here to help. Our licensed immigration consultants can guide you through documentation, application preparation, and submission, ensuring your case meets all IRCC requirements.
Take the first step toward your future in Canada. Assess your immigration options today and let our team help you and your partner start your new life together with confidence.
