For Canadian immigration purposes, the term common-law partner has a specific legal definition under the Immigration and Refugee Protection Regulations (IRPR). A common-law partner is a person who has cohabited with the sponsor in a conjugal relationship for at least 12 continuous months. This is a different legal status from a spouse (legally married) and a conjugal partner.

The distinction matters because different immigration pathways and sponsorship categories apply depending on whether the relationship is a spousal, common-law, or conjugal relationship — and the evidentiary requirements differ for each.

• IRPR reg 1(1) — defines "common-law partner" as "a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year"
• IRPR reg 1(1) — also defines "conjugal partner" as a foreign national who, in relation to the sponsor, is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year
• IRPA s 12(1) — family class sponsorship encompasses spouses, common-law partners, and conjugal partners

What "cohabitation" means

Cohabitation means living together in the same residence. For the 12-month period to be met, the couple must have shared a domestic life together — sharing a home, finances, household responsibilities, and a genuine spousal-style relationship. Cohabitation is more than simply spending time together; it requires a shared domestic arrangement.

Living apart due to work, school, or other temporary circumstances may not break the continuity of cohabitation if the couple maintains the relationship with a genuine intention to continue living together. However, a prolonged physical separation with no shared residence may mean the 12-month cohabitation period has not been met.

The 12-month period

The 12 months must be continuous — that is, the couple must have cohabited for at least one uninterrupted year. The 12-month period must have been completed before the sponsorship application is filed. If the couple has cohabited for only 10 months at the time of application, they do not yet meet the common-law partner definition and would need to wait until the 12-month mark.

Short separations during the 12-month period — for travel, work, or family obligations — do not necessarily break continuity if the parties maintained their shared residence and intended to continue living together. Prolonged separations may be treated differently depending on the circumstances.

Spouse vs common-law partner vs conjugal partner

IRCC distinguishes three relationship categories for family class purposes:

• Spouse: A person to whom the sponsor is legally married, in a marriage that is valid both under the law of the place where the marriage was performed and under Canadian law
• Common-law partner: A person who has cohabited with the sponsor in a conjugal relationship for at least 12 continuous months — not legally married but in a marriage-like domestic relationship
• Conjugal partner: A person who has been in a conjugal relationship with the sponsor for at least one year but cannot cohabit or marry due to exceptional circumstances beyond their control — this category is intended for situations where a legal or social impediment prevents the couple from living together or marrying (for example, a binational couple from a country that criminalises same-sex relationships, or severe immigration barriers that prevent cohabitation)

Proving common-law status

IRCC requires evidence that the couple has genuinely cohabited for the required 12-month period. Common forms of evidence include:

• Joint lease or mortgage documents showing a shared address for the required period
• Joint utility bills, bank accounts, or other financial documents at a shared address
• Evidence of shared household responsibilities and domestic life
• Statutory declarations from both partners and from witnesses confirming the cohabitation
• Government correspondence sent to both partners at the same address

The 12-month cohabitation requirement is assessed as of the date the sponsorship application is submitted. Changes in the relationship after submission — for example, the couple temporarily separating for work — do not automatically disqualify the application, but a genuine and ongoing relationship at the time of decision is required.

In provinces where domestic partnerships or civil unions are legally recognised, the legal status under provincial law does not automatically constitute a common-law relationship for federal immigration purposes — the federal IRPR definition of cohabitation and conjugal relationship applies regardless of provincial law.