Common-Law in Canada (2026): Does It Still Require 12 Months of Continuous Cohabitation?

Common-law status in Canada requires at least 12 months of continuous cohabitation and yes, this rule still applies in 2026 for immigration purposes.

However, common-law partnership remains one of the most misunderstood permanent residence (PR) topics in Canada. Many couples assume that dating for a year, having a child together, or being in a long-distance relationship automatically qualifies them as common-law. That is not how IRCC defines it.

If you are applying for spousal sponsorship, inland PR, outland PR, or declaring marital status for immigration, understanding the 12-month cohabitation rule is critical.

This guide explains:

• What “12 months of continuous cohabitation” really means
• How IRCC defines common-law partners
• What counts as proof
• What breaks continuity
• Common mistakes that cause refusals
• Alternatives if you don’t meet the requirement

What Is Common-Law Status Under Canadian Immigration Law?

Under Immigration, Refugees and Citizenship Canada (IRCC), a common-law partner is someone who:

Has lived with their partner in a conjugal relationship for at least 12 consecutive months, without significant interruptions.

This applies to:

• Family sponsorship applications
• Express Entry (declaring marital status)
• Work permit extensions
• Open work permits for spouses/common-law partners
• PR pathways requiring proof of relationship

Important: Immigration definitions are federal. They are different from provincial family law definitions and CRA (tax) definitions.

Does Canada Still Require 12 Months of Continuous Cohabitation in 2026?

As of 2026, IRCC still requires 12 months of continuous cohabitation for a couple to qualify as common-law for immigration purposes.

There have been no policy changes removing or shortening this requirement.

What Does “Continuous Cohabitation” Really Mean?

This is where many applications fail.

Continuous cohabitation means:

• You lived together in the same residence
• For at least 12 full months
• In a marriage-like (conjugal) relationship
• Without long or unexplained separations

Short absences are allowed

Temporary separations do NOT automatically break cohabitation if:

• They are short and reasonable (work travel, family emergency, vacation)
• The couple maintained the same shared home
• The relationship continued during the absence

What breaks continuity?

Cohabitation may be considered interrupted if:

• One partner permanently moves out
• You maintain separate primary residences
• There is a long separation without strong explanation
• The relationship ends and later restarts

If continuity is broken, the 12-month count may reset.

IRCC Looks at Legal Proof, Consistency & Uninterrupted Cohabitation

Common-law is not based on feelings. It is based on evidence.

IRCC officers assess:

1️⃣ Legal Proof of Shared Residence

Examples include:

• Joint lease or mortgage
• Utility bills in both names
• Government ID showing same address
• Bank statements with shared address
• Insurance policies listing each other
• Mail addressed to both partners

2️⃣ Financial Interdependence

• Joint bank accounts
• Shared expenses
• Joint credit cards
• Beneficiary designations
• Shared subscriptions

3️⃣ Relationship Consistency

IRCC checks for:

• Timeline consistency
• Matching addresses across documents
• Consistent dates
• No contradictions in forms
• Social proof (photos, messages, travel history)

If documents show different addresses or conflicting timelines, officers may question the genuineness of the relationship.

Common-Law Is One of the Most Misunderstood PR Topics in Canada

Here are the most common myths:

❌ Myth 1: “We’ve been dating for 2 years, so we’re common-law.”

Dating alone does not qualify. You must have lived together continuously for 12 months.

❌ Myth 2: “We have a child together, so we’re automatically common-law.”

Not for immigration.

For CRA tax purposes, having a child may qualify you earlier — but IRCC still requires 12 months of cohabitation.

❌ Myth 3: “We stayed together most of the year, but sometimes at separate addresses.”

Maintaining separate primary residences can weaken your case. IRCC expects a shared household.

❌ Myth 4: “We can backdate our common-law status.”

You can only claim common-law after you actually reach 12 continuous months of living together.

What If You Don’t Meet the 12-Month Requirement?

If you haven’t reached 12 months yet, you generally have two options:

Option 1: Wait Until You Reach 12 Months

This is the safest and strongest approach.

You must meet the requirement before submitting your application.

Option 2: Conjugal Partner Category (Rare & Strict)

This is only for couples who:

• Cannot live together due to serious barriers
• Face immigration restrictions
• Have legal or country-based prohibitions

Conjugal partner applications are complex and heavily scrutinized.

Common Reasons Common-Law PR Applications Get Refused

• Inconsistent addresses
• Insufficient proof of shared residence
• Gaps in timeline
• Lack of financial interdependence
• Long unexplained separations
• Weak relationship documentation

IRCC officers are trained to detect marriages of convenience and misrepresentation. Even genuine couples can be refused if documentation is weak.

How to Strengthen a Common-Law PR Application

To reduce refusal risk:

• Keep copies of all shared documents
• Update government IDs to the same address
• Maintain joint financial accounts
• Avoid address inconsistencies
• Document travel and short separations
• Provide a detailed relationship timeline

Here’s a clean, blog-ready summary with strong bullet points and clear structure:

Foothills Immigration Helps With Common-Law Sponsorship

Foothills Immigration provides professional guidance to help couples submit a strong and complete common-law sponsorship application.

✔ Eligibility Review

• Confirms 12-month cohabitation requirement
• Checks sponsor eligibility
• Advises on Inland vs. Outland applications

✔ Evidence & Documentation Support

• Identifies strong proof of cohabitation
• Organizes relationship evidence
• Addresses potential red flags

✔ Complete Application Management

• Prepares and reviews all IRCC forms
• Ensures documents meet IRCC requirements
• Submits a complete, accurate application

✔ Ongoing Support

• Includes Open Work Permit (if eligible)
• Responds to IRCC requests
• Assists with complex or previously refused cases