Proving a common-law relationship for Canadian sponsorship

Overview

Proving a common-law relationship for Canadian sponsorship

If you are sponsoring a partner as common-law—or being sponsored in that category—you must show that you lived together continuously for at least 12 months and provide evidence of the shared home and relationship. This guide explains the definition, the proof and the complications that commonly cause questions.

What counts as 12 continuous months of living together?

The 12 months start when the couple begins living together in one shared home as partners—not when they meet, begin dating or first visit one another.Source [1]Source [2]

For the ordinary federal immigration definition, the couple must complete at least 12 consecutive months of cohabitation.

A short, temporary absence for work, travel or a family obligation may be consistent with continued cohabitation when the shared home and relationship continued. A lengthy separation or two independently maintained homes can lead to a different conclusion, so record the dates and circumstances accurately.

What documents can prove that we lived together?

No single document proves cohabitation. IRCC looks for a consistent collection of records covering the shared home and the relevant 12-month period.Source [1]Source [3]

Evidence can include leases or mortgage records, government identification, mail, utility bills, insurance, bank or credit records, tax information, household expenses and travel records.

The names, addresses and dates should agree across the application. If an account or lease is in only one partner’s name, explain the practical reason and use other records showing that both people lived at the same home. Detailed letters from people who know the couple can support the file, but they should not be the only evidence.

What if one of us is still legally married to someone else?

It can still be possible to become common-law with a new partner after the earlier marriage has broken down and the spouses have separated.Source [1]Source [4]

The evidence should show when the earlier relationship ended, when separation occurred and when the new couple began living together as partners.

Answer every question about previous spouses and partners accurately. If the checklist asks for divorce, separation, death or other civil-status documents, provide them or explain why a particular record is unavailable. Do not describe someone as divorced when they are only separated.

Do we need to complete form IMM 5409?

Complete IMM 5409 when the current instructions for the immigration program require it. The form supports the relationship evidence; it does not automatically replace it.Source [3]

IMM 5409 is IRCC’s Statutory Declaration of Common-Law Union. The partners state how long they have cohabited and answer questions about shared housing, property, accounts, insurance and other evidence. They must sign it by hand as instructed before a person authorized to administer the declaration.

The dates and answers on the declaration should match the rest of the application. Always follow the checklist for the particular program rather than assuming the form is required in every common-law application.