How to Prove Common-Law Relationship for Canadian Sponsorship: Guide

If you are applying under common law partner sponsorship, one of the most important parts of your application is proving that you are in a genuine, marriage-like relationship that meets IRCC’s legal definition of a common law partnership. Many couples underestimate how detailed this assessment can be. Immigration officers scrutinize every spousal sponsorship application carefully to prevent marriage fraud and ensure the relationship is real.

Unlike couples who are legally married and can provide marriage certificates as immediate proof, common law partners must build their case through documentary evidence. The burden of proof lies with both the sponsor and the principal applicant to demonstrate that their relationship is genuine and that they have lived together for the required minimum period.

This guide explains exactly what counts as proof of relationship documents Canada requires, how to prove cohabitation for 12 consecutive months, what supporting documents to submit, common mistakes that raise questions, and how to strengthen your application for permanent residence.

Key Takeaways

• A common law relationship requires at least 12 consecutive months of cohabitation in a conjugal relationship.

• You must show you lived at the same address continuously, with only short and temporary absences.

• IRCC requires documentary evidence from multiple categories, not just one type of proof.

• Joint bank accounts, rental agreement showing both names, shared utility accounts, and insurance policies are strong documentation.

• Communication records such as text messages, call logs, and social media conversations support proof of an ongoing relationship.

• If you were previously married, you must provide divorce certificates or proof of legal separation.

• Form IMM 5532 must be completed by both the sponsor and the principal applicant.

• Inconsistent information, lack of financial interdependence, or major red flags can lead to refusal.

• The goal is to present a consistent, truthful, and comprehensive picture of a shared life.

What IRCC Considers a Common-law Relationship

Under the Immigration and Refugee Protection Regulations, a common law partner is someone who has lived in a conjugal relationship with the sponsor for at least one continuous year. A conjugal relationship goes beyond simply sharing a home. Immigration officers assess whether the relationship resembles a legally married partnership in emotional, financial, and social terms.

IRCC examines whether there is a significant degree of commitment and mutual interdependence. This includes shared finances, shared responsibilities, public recognition of the relationship, and evidence of a shared life. The Supreme Court of Canada has recognized the importance of interdependence in assessing conjugal relationships in cases such as M. v. H., 1999 CanLII 686 (SCC).

The fact that you are not legally married does not weaken your application, but it does mean you must provide stronger documentation to establish the legitimacy of the common law relationship.

The 12-Month Cohabitation Requirement

To qualify under common law partner sponsorship, you must demonstrate that you lived together continuously for at least 12 consecutive months. This means:

• You shared the same address

• There were no long interruptions

• Any separation was short and temporary

• The relationship remained ongoing during absences

Temporary travel for work, family obligations, or short trips does not break cohabitation. However, long separations or maintaining separate residences may raise questions.

If one partner chooses to end the relationship at any time, the common law partnership ends. There is no flexibility on the minimum period requirement. Living together for 10 or 11 months is not sufficient.

Examples of Evidence of Cohabitation

To prove cohabitation, you may submit:

• Residential property rental agreement listing both names

• Joint ownership of residential property

• Rental agreement showing both parties

• Utility bills showing the same address

• Shared utility accounts

• Driver’s license with identical address

• Insurance policies listing both partners

• Credit card statements showing shared expenses

The documentation should cover the entire minimum period, not just a few months.

Proof of Relationship Documents

IRCC expects a comprehensive set of proof of relationship documents Canada recognizes as reliable indicators of a genuine relationship. The more diverse the documentation, the stronger your case.

Strong documentary evidence includes:

• Joint bank accounts

• Shared lease or mortgage

• Tax forms showing common law status

• Employment or insurance benefits naming your partner

• Adoption records listing both parents

• Children’s birth certificates

• Boarding passes and passport stamps from trips together

• Hotel reservations from joint travel

• Parents wedding invitations or family event invitations

No single document is decisive. Officers look at the totality of the evidence.

Proof of Shared Residence

Proof of shared residence is the foundation of a common law relationship. Without clear evidence that you lived at the same address for 12 months, the application will likely fail.

Examples include:

• Rental agreement or mortgage documents

• Ownership of residential property

• Joint utility accounts for electricity, gas, or internet

• Cell phone bills showing the same address

• Driver’s license showing the same address

If you lack traditional proof, affidavits from landlords or roommates may help, but they should supplement, not replace, official documentation.

Proof of Financial Interdependence

Financial support and shared expenses demonstrate a marriage-like relationship. Immigration officers want to see integration of finances similar to legally married couples.

While joint accounts are not mandatory, the absence of financial interdependence may raise questions.

Proof of Ongoing Relationship and Commitment

Beyond cohabitation, IRCC examines whether the relationship is genuine and continuing.

Provide communication records such as:

• Text messages

• Call logs

• Email exchanges

• Social media conversations

• Cellphone bills

You may also include:

• Photos from significant events

• Evidence of sponsor’s visits if long-distance

• Relationship timeline

• Affidavits from friends and family members

Long-distance relationships require stronger communication records and travel documentation.

Supporting Forms and IRCC Requirements

For common law partner sponsorship, you must complete some of the following forms:

• IMM 1344 - Application to Sponsor

• IMM 5532 - Relationship Information and Sponsorship Evaluation

• IMM 0008 - Generic Application Form for Canada

IMM 5532 requires both the sponsor and principal applicant to describe their relationship story in detail. This is your opportunity to address red flags and explain cultural differences, previous marriages, or temporary separations.

All required documents must be uploaded clearly and translated if not in English or French.

Common Mistakes That Lead to Refusals

Common errors include:

• Insufficient proof of cohabitation

• Large gaps in documentation

• Contradictory addresses

• Failure to declare previous marriages

• Weak financial documentation

• Overreliance on photos without financial proof

• Inconsistent relationship timeline

Immigration officers may request further information or schedule an interview if concerns arise.

Married vs. Common-law Sponsorship: Key Differences

Married couples rely primarily on marriage certificates. Common law applicants must rely on detailed supporting documents.

Speak to an Immigration Lawyer at AKM Law

Proving a common law relationship is not simply about submitting documents. It is about presenting a consistent and persuasive narrative supported by strong documentation. At AKM Law, we carefully review:

• Cohabitation evidence

• Financial records

• Relationship timeline

• Potential red flags

• Prior immigration history

If you are seeking permanent residence through common law partner sponsorship, strategic preparation significantly reduces the risk of refusal.

Frequently Asked Questions

What Counts as Proof of Common-law Relationship in Canada?

Documents showing shared residence, financial interdependence, and ongoing communication. Examples include rental agreement, joint bank accounts, insurance policies, utility bills, and communication records.

Can We Be Considered Common-law If We Lived Together Less Than 12 Months?

No. The 12 consecutive month requirement is strict.

Do We Need Joint Accounts to Prove a Common-law Relationship?

Not strictly required, but absence of financial interdependence may weaken your case.

How Do I Prove Temporary Separation Didn’t End the Relationship?

Provide documentation of ongoing communication, travel records, and explanation in IMM 5532.

What If We Lived Together Outside Canada — Does It Still Count?

Yes. Cohabitation outside Canada counts, provided you can submit strong documentation.

This article is for general information only and does not constitute legal advice. For tailored guidance on your application, please contact our office.