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Common-law partner in Canadian immigration: the legal definition, the 12 months and where it matters

Under section 1(1) of the Immigration and Refugee Protection Regulations, a common-law partner is someone who is cohabiting with you in a conjugal relationship and has done so for at least one year. IRCC's sponsorship page words this as 12 consecutive months without long periods apart. This guide explains the rule and the form that supports it (IMM 5409). It cannot tell you whether your relationship counts.

Many couples who are not married ask the same thing before they apply for anything in Canada: does our relationship count? The answer in Canadian immigration law is not about a certificate or a registry. It is about how two people have lived. The word the Regulations use is "cohabiting", and the number they attach to it is one year.

The definition matters well beyond spousal sponsorship. A common-law partner is treated as a family member in the Regulations, appears in the Express Entry points system, and is covered in permanent residence packages such as Quebec's and the rural pilots'. That is why the same form, IMM 5409, appears in so many packages.

This guide sets out the wording of the legal definition, the narrow exception for people who cannot live together, how IRCC explains the rule to sponsors, how a common-law partner differs from a spouse and a conjugal partner, the "genuine relationship" rule, and what IMM 5409 asks. Each rule was read on the Justice Laws website (regulations current to 21 September 2026) or on IRCC's pages on 10 October 2026. Rules and forms change, so check the live page before you apply. This is general information. It does not say whether any couple is common-law or what evidence to include, and nobody at Migratio can decide that for you.

The legal definition in section 1(1)

The definition sits in section 1(1) of the Immigration and Refugee Protection Regulations (SOR/2002-227). It reads: "common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year."

Three phrases do all the work.

  • Cohabiting. The two people are living together. The Regulations do not define cohabiting further, so the plain meaning applies, and IRCC's guidance fills in detail (below).
  • Conjugal relationship. The relationship is more than friendship, a shared house or a business arrangement. The Regulations do not list what makes a relationship conjugal. The law does not set a checklist, and IRCC's pages describe it in everyday terms.
  • At least one year. The period is "at least one year" of having so cohabited. Notice the structure: the person must be cohabiting now and have been doing so for at least a year. A relationship that is a year old but where the couple have not lived together does not fit this definition, though other categories may be relevant (see conjugal partners below).

There is no requirement in the definition of a registration, a declaration filed with a government, or a particular age. The definition says nothing about gender, and IRCC's sponsorship page states that a common-law partner can be any gender.

The narrow exception in section 1(2)

Section 1(2) of the Regulations sets out a single exception. It states: "For the purposes of the Act and these Regulations, an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, due to persecution or any form of penal control, shall be considered a common-law partner of the person."

Read it closely. It applies where two things are true: there has been a conjugal relationship for at least one year, and the couple cannot cohabit because of persecution or any form of penal control. The reason must fit that wording. It is not a general exception for couples who live in different cities or countries for work, study, visa or family reasons.

The exception is narrow, and whether a situation fits it is a legal and factual question for the officer. This guide does not say whether it applies to any reader. Read the section on the Justice Laws website, and speak to a regulated adviser if your circumstances involve persecution or penal control.

How IRCC explains the rule to sponsors

IRCC's page "Who you can sponsor" (page date 11 September 2026) is the plain-language version. It says your common-law partner:

  • is not legally married to you;
  • is at least 18 years old;
  • can be any gender;
  • is in a genuine relationship with you, not only for the purpose of getting permanent resident status;
  • has lived with you for at least 12 consecutive months; and
  • must not be inadmissible to Canada.

IRCC explains "12 consecutive months" as having lived together continuously for one year in a conjugal relationship, without any long periods apart. It then adds that any time spent away from each other during the 12-month period should have been short and temporary, with examples such as family obligations or business travel.

Two things are worth noticing. First, the Regulations say "a period of at least one year" and IRCC's page says "12 consecutive months". They describe the same threshold. Second, the guidance allows for short, temporary absences but does not give a number of days. The phrase "long periods apart" is not defined on the page, so this guide does not either. If you have had a gap, an officer decides whether it was short and temporary, and the facts around it matter.

IRCC also states: "If either you or your common-law partner chooses to end the relationship, we consider the relationship to be over." Whatever your paperwork says, a relationship that has ended is not a relationship for these purposes.

IRCC's complete guide for sponsoring a spouse, partner or child (guide IMM 5289) repeats the 12-month rule, and says that to sponsor a common-law partner in Canada, the partner must cohabit with the sponsor in Canada. The guide also limits proof of communication to a maximum of 10 pages. For the wider process, see the spousal sponsorship guide and the relationship information form guide.

Spouse, common-law partner and conjugal partner

Canadian immigration law uses three related terms, and they are easy to confuse.

  • Spouse. A legally married partner. IRCC's page describes a common-law partner as someone who is not legally married to the sponsor.
  • Common-law partner. Not married, but living together in a conjugal relationship for at least a year.
  • Conjugal partner. The Regulations define a conjugal partner, in section 2, as "in relation to a sponsor, a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year." IRCC's page says a conjugal partner is not legally married to you or in a common-law relationship with you, has been in an exclusive and mutually interdependent relationship with you for at least one year, and lives outside Canada. IRCC explains that this means you have shared your lives in different ways, including physically, emotionally, financially and socially. It adds that a conjugal partner may not be able to live with you in their country or marry you because of legal, immigration, social, cultural, religious or other reasons, and gives examples such as a partner who is still married to someone else where divorce is not possible, or a same-sex relationship where same-sex relationships or marriage are not accepted.

The practical difference is cohabitation. A common-law partner must have lived with the person. A conjugal partner is defined by a long, exclusive and interdependent relationship in a situation where living together has not been possible, and must live outside Canada.

Which category fits a couple is a legal question that depends on the facts. This guide does not decide it. It does flag that using the wrong label is not a harmless mistake, because the category decides which application and which documents apply.

The genuine-relationship rule in section 4(1)

Even a couple who have lived together for years has to clear one more rule. Section 4(1) of the Regulations says: "For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or (b) is not genuine."

The two limbs are different. The first looks at purpose: was the relationship entered into primarily to acquire status or a privilege under the Act. The second looks at reality: is it genuine. IRCC's sponsorship page repeats the point in plain terms by saying the relationship must be genuine "not only for the purpose of getting permanent resident status".

For readers, the consequence is about consistency and truthfulness. Dates, addresses and descriptions of the relationship appear on several forms in a package, and they describe one story. An untrue statement can lead to a finding of misrepresentation, which has serious consequences. See the misrepresentation guide.

Where the term shows up beyond sponsorship

Family member. Section 1(3) of the Regulations defines family member for most purposes as including "(a) the spouse or common-law partner of the person". That is why common-law partners are included in permanent residence applications as accompanying family members.

Express Entry. IRCC's Comprehensive Ranking System page (page date 22 June 2026) uses the combined phrase "spouse or common-law partner" throughout. Core human capital points have a lower maximum with a spouse or common-law partner (460 points) than without (500 points), and there is a separate section worth up to 40 points for the partner's education, official language ability and Canadian work experience. IRCC also says you earn points as if you do not have a spouse or partner when the partner is not coming to Canada or is already a Canadian citizen or permanent resident. The page does not set a separate rule for common-law partners, so the two terms appear to be scored the same way. See the CRS guide.

Other applications. IRCC's permanent residence instructions for Quebec-selected skilled workers and for the rural community pilots both list IMM 5409 among the forms to submit if a common-law union applies (see the Quebec PSTQ guide and the community pilots guide).

Because the term follows you into different packages, the facts you declare in one should match the facts in another. Keep a single, accurate timeline of where you lived and when.

IMM 5409: the Statutory Declaration of Common-Law Union

IMM 5409 is the form that supports the definition. IRCC's form page (page date 23 August 2024, form dated January 2023) says it must be completed and signed with handwritten signatures. When you are sponsoring a family member, the sponsor and their common-law partner complete it if the partner is a co-signer, and if the person being sponsored has a common-law partner, that person and their partner complete it. The form should be filled in on a computer and checked with the Validate button, and it does not produce a barcode when validated.

As IRCC describes the questions:

  • Question 1 asks for the number of continuous years in a conjugal relationship and the relationship dates.
  • Questions 1A to 1D ask about a shared residential lease or mortgage, jointly owned property, joint bank or credit accounts, and whether the union was declared under the Canadian Income Tax Act.
  • Questions 2 and 3 ask about life insurance that names your partner as beneficiary.
  • Question 4 asks you to list other documentary evidence if you answered no to Questions 1 to 3.

The form does not say that any combination of answers is enough, and neither does this guide. For a closer look at the form itself, including common mistakes, see the IMM 5409 guide.

Common misunderstandings

  • "A year together is a year of dating." The definition requires cohabiting, not just a relationship of a year.
  • "Any time apart ends it." IRCC's wording allows short, temporary periods apart, for example for family obligations or business travel, but does not give a number of days. Your own situation is for an officer to assess.
  • "We can pick the label that suits us." The category decides which application and documents apply, and the genuine-relationship rule applies to all of them.
  • "The form proves it." IMM 5409 is a declaration of what you say. It records the relationship. It does not make one common-law.
  • "It continues after a breakup." IRCC says that if either person chooses to end the relationship, it considers the relationship over.
  • "Different forms can tell slightly different stories." Dates, addresses and histories appear on several forms. They need to agree.

Only a lawyer or a licensed immigration consultant (an RCIC) may advise a person on their own case for a fee in Canada, under section 91 of the Immigration and Refugee Protection Act. A regulated adviser can compare your timeline and documents to the current rules, which an article cannot do. You can check an RCIC licence on the College's public register.

Find a regulated adviser

If you want a licensed immigration consultant or a lawyer to look at your own situation, use the Migratio directory to find a regulated adviser, and check their licence on the official register before you sign anything. Migratio is a directory and booking platform. It does not give immigration advice, does not decide whether a relationship is common-law and has no connection to IRCC.

Questions people ask

How long do you have to live together to be common-law in Canada?

The Regulations (s. 1(1)) require cohabiting in a conjugal relationship for a period of at least one year. IRCC's sponsorship page words it as at least 12 consecutive months, without long periods apart, with any time away being short and temporary. The page does not give a number of days for a short absence.

Do I need to be registered as common-law partners?

The definition in s. 1(1) of the Regulations does not mention a registration. It turns on cohabiting in a conjugal relationship for at least a year. IRCC's forms, such as IMM 5409, ask you to declare and support that. Read the instructions for your specific application.

What is the difference between a common-law partner and a conjugal partner?

A common-law partner has cohabited with the person for at least a year. A conjugal partner, defined in s. 2 of the Regulations and described on IRCC's page, is in an exclusive and mutually interdependent relationship for at least a year, lives outside Canada and may be unable to live with or marry the sponsor for reasons such as legal or immigration barriers.

Can we be common-law if we lived apart for part of the year?

IRCC says time spent away from each other during the 12-month period should have been short and temporary, giving family obligations or business travel as examples. Whether a particular gap fits is a decision for the officer on the facts, so a regulated adviser should look at your timeline.

Do I need IMM 5409 for a common-law application?

IRCC's form page says the sponsor and common-law partner complete it when the partner is a co-signer, and the person being sponsored and their common-law partner complete it if the principal applicant has a common-law partner. Check the instruction guide for your own application, because requirements vary by package.

Sources

Last checked 2026-10-10.

Related guides

  • Spousal Sponsorship in Canada: Inland vs Outland, Eligibility and the Process — A Canadian citizen or permanent resident who is 18 or older and lives in Canada can sponsor a spouse, common-law partner, conjugal partner or dependent child. Spouses and common-law partners can be sponsored in the 'in Canada' class (IRPR s.124) or the family class from outside; the choice depends on residence and status, and the appeal rights differ.
  • IMM 5409, Statutory Declaration of Common-Law Union: who signs, what it asks and common mistakes — IMM 5409 is a sworn declaration by two people that they are in a common-law relationship. It must be signed by hand, it will not produce a barcode when validated, and it asks for places, dates, years together and the kinds of shared life you can document. The regulations define a common-law partner as someone who has cohabited with you in a conjugal relationship for at least one year.
  • IMM 5532, Relationship Information and Sponsorship Evaluation Form: who completes which part, and how to sign it — IMM 5532 is completed by the sponsor (Part A), the person being sponsored (Part B) and both together (Part C) in a spouse or partner sponsorship. It is signed digitally after you choose Print to PDF, and both people must sign. The consent questions about sharing fraud-investigation results are voluntary, according to IRCC.
  • IMM 1344, Application to Sponsor, Sponsorship Agreement and Undertaking: what it asks and who signs — IMM 1344 is the sponsor's application, sponsorship agreement and undertaking. The sponsor, any co-signer and the person being sponsored must all sign it electronically, and the application is returned if any signature is missing. A co-signer is not allowed when sponsoring a spouse, common-law partner or conjugal partner.
  • Spousal Open Work Permit in Canada: Who Qualifies in 2026 — There are two separate spousal open work permits. One is for the spouse of a skilled foreign worker, and since 21 January 2025 it depends on the worker's TEER category and on the worker's permit having at least 16 months left. The other is for a spouse already living in Canada who is being sponsored for permanent residence. Each costs $155 plus the $100 open work permit holder fee (IRCC fee list, 21 September 2026).
  • CRS score explained: where Express Entry points come from — The Comprehensive Ranking System (CRS) scores Express Entry profiles out of 1,200: core factors up to 500 (460 with a spouse), spouse factors up to 40, skill transferability up to 100 and additional points up to 600. A provincial nomination is worth 600. Job offers have not earned CRS points since 25 March 2025. This page explains the scoring. It cannot say whether a score will lead to an invitation.
  • Misrepresentation in Canada: The Five-Year Inadmissibility Rule — Under section 40 of the Immigration and Refugee Protection Act, misrepresenting or withholding a material fact that induces or could induce an error makes a person inadmissible for five years, and during that time a foreign national cannot apply for permanent residence. The five years run from the final determination if it was made outside Canada, or from the day a removal order is enforced if it was made in Canada.
  • How to check an RCIC licence on the College's Public Register — Search the consultant on the College of Immigration and Citizenship Consultants Public Register (register.college-ic.ca). Only people with an "Active" status and "Yes" in the "Entitled to Practise" column may legally give you immigration advice for a fee. Then contact them using the details on the register, not the ones in an ad or a message.
  • Quebec's PSTQ: how skilled worker selection works, from Arrima to the CSQ — Quebec, not IRCC, selects its own skilled workers. Under the Programme de sélection des travailleurs qualifiés (PSTQ) you file an expression of interest in Arrima (no charge; the later application fee is $940 for the main applicant), may receive an invitation, apply to Quebec for selection, and if selected receive a Certificat de sélection du Québec (CSQ) before applying to IRCC for permanent residence. This guide is information only, read from quebec.ca and canada.ca on 10 October 2026. Check those pages before you act.
  • Rural and Francophone Community Immigration Pilots: the 18 communities and how a recommendation works — IRCC runs two community-driven pilots that offer permanent residence to skilled workers: the Rural Community Immigration Pilot (14 communities) and the Francophone Community Immigration Pilot (6 communities, 18 unique places in total). You need a job offer from an employer the community has designated, then a recommendation from that community, then an application to IRCC. This guide explains the rules as read on 10 October 2026. It cannot tell you whether you are eligible, so check each community's own page.