General information, not legal or immigration advice. For advice on your situation, consult a licensed RCIC or immigration lawyer.
Canada treats a common-law partner much like a spouse, but there is no certificate to prove it. You prove it with evidence, and the bar is specific.
The 12-month test
A common-law partner is someone you have lived with in a conjugal relationship for at least 12 continuous months. Continuous is the key word: short absences for work, business, or family are fine, as long as the relationship continued and you kept a shared home to return to. Living apart for most of the year does not count, no matter how committed the relationship is.
The evidence IRCC actually accepts
No single document proves common-law status. Officers look for a stack that shows a shared life across that 12-month window:
- A shared lease or joint property ownership
- Joint bank accounts and shared financial responsibility
- Utility bills, insurance, or government mail at the same address for both of you
- Each partner named as the other's beneficiary (insurance, will, pension)
- Government ID or documents showing the same address
- A signed Statutory Declaration of Common-Law Union (form IMM 5409)
- Affidavits from friends or family who know the relationship is genuine
- Photos together over time, travel itineraries, and a record of ongoing communication
When your paper trail does not fit the template
Plenty of real relationships do not produce a clean set of joint documents — one name on the lease, finances kept separate by choice, or time spent in a country where you could not share accounts. The fix is to lean on what you do have and fill the gaps with sworn statements: the IMM 5409 declaration, affidavits from people who witnessed you living together, and a clear written timeline of your cohabitation with whatever supporting scraps you have (mail, messages, photos).
Common-law versus married
Marriage is proven with a certificate. Common-law is proven with cohabitation evidence. Otherwise, for most immigration purposes, IRCC treats the two the same — so the effort goes into documenting the 12 months, not into a ceremony.
Frequently asked questions
How long do we need to live together for common-law status?
At least 12 continuous months in a conjugal relationship. Short absences are allowed if the relationship and the shared home continued.
What if we do not have joint bank accounts or a shared lease?
Use what you have and add sworn statements: the IMM 5409 declaration and affidavits from people who know you lived together, plus a written timeline and any mail, photos, or messages.
Is common-law treated the same as marriage?
For most immigration purposes, yes. The difference is how you prove it: a certificate for marriage, cohabitation evidence for common-law.
Does time living together outside Canada count?
Yes. The 12-month cohabitation can be anywhere, as long as it was continuous and conjugal. Document it the same way.