If you are an international student coming to Canada, you can bring your non-married partner as an accompanying visitor if you meet the strict definition of a common-law relationship. This requires proving to Immigration, Refugees and Citizenship Canada (IRCC) that you have lived together continuously for at least 12 uninterrupted months.
Starting an educational journey in a new country is incredibly exciting, but facing it without your significant other can be difficult . Many international students heading to universities in Toronto, Vancouver, or Calgary assume that because they are not legally married, their partner cannot join them. Fortunately, Canadian immigration law is highly inclusive and recognizes established unmarried couples.
Under federal guidelines, your partner can be included in your initial study permit application as an accompanying family member 📍. While recent rules restrict many undergraduate spouses from obtaining an open work permit, they can still apply for a standard Visitor Record to live with you in Canada for the duration of your studies. Understanding how to legally document your relationship is the key to keeping your family together in Ontario, Alberta, or anywhere else in the country.
Step-by-Step Process in Canada for Common-Law Partners
Proving a common-law relationship to IRCC requires much more than simply showing photos of a dating history. The government needs hard, documentary evidence of your shared life. Here is the general process.
Step 1: Meeting the 12-Month Cohabitation Rule
The most important legal requirement is that you and your partner have lived together in a conjugal relationship for at least 12 continuous months . Short trips for business or family emergencies are acceptable, but any major break in living together will reset the clock. You cannot combine multiple short periods of living together to reach the 12-month mark.
Step 2: Gathering Documentary Evidence
You must prove to the visa officer that your lives are financially and socially intertwined 📁. Gather shared residential leases showing both names, joint bank account statements, and utility bills for the same address. If you are moving from a country that does not allow joint accounts for unmarried couples, a local law firm can help you draft sworn statements from family and friends confirming you lived together.
Step 3: Signing the Statutory Declaration (IMM 5409)
IRCC requires both of you to sign the Statutory Declaration of Common-Law Union (Form IMM 5409) . This legal document must be signed in front of a notary public, a commissioner of oaths, or a lawyer. By signing this form, you are legally swearing under penalty of perjury that your relationship meets the Canadian definition of common-law.
Step 4: Applying Together Online
When you create your study permit application via the IRCC online portal, you will be asked if you want to apply for a family member 💻. Select “Yes” and apply for their Visitor Record (or open work permit, if you are enrolled in a qualifying Master’s or PhD program). Submitting the applications together ensures the officer reviews your files as a single family unit.
How Much Does it Cost in Canada?
Applying as a couple involves standard government processing fees. Keep in mind that all fees are in Canadian dollars (CAD):
- Study Permit Fee: $150 CAD for the main applicant.
- Visitor Record / Visa Fee: $100 CAD for the accompanying partner.
- Biometrics Fee: $170 CAD maximum for a family applying at the same time.
- Notary Fees: Having a lawyer notarize your IMM 5409 form generally costs $50 to $100 CAD.
- Law Firm Assistance: Retaining an immigration lawyer to package a complex common-law application usually costs between $1,500 and $3,000 CAD.
How Long Does the Process Take?
Processing times depend on where you are applying from and the time of year:
- Outside Canada Applications: Typically take 8 to 14 weeks, though summer months are much busier.
- Port of Entry: If your partner is from a visa-exempt country (like the UK or USA), they can sometimes have their visitor record processed immediately upon arriving at a Canadian airport.
- Preparation Time: It often takes couples 3 to 4 weeks to gather all the necessary banking and lease documents from the past year.
Frequently Asked Questions (FAQ)
Can my partner get an open work permit while I study?
Generally, as of recent IRCC updates, only spouses or common-law partners of international students enrolled in a Master’s degree, a doctoral degree (PhD), or certain professional programs (like law or medicine) are eligible for a Spousal Open Work Permit (SOWP).
What if we lived together for only 10 months?
You will not qualify as common-law under Canadian law. Your partner would need to apply for a standard visitor visa entirely on their own merits, proving they have ties to their home country and enough money to support themselves.
Does my partner need to show their own proof of funds?
If you are applying together, the main applicant (the student) can show proof of funds for both people. As of the latest IRCC updates for 2026, the cost-of-living threshold for a couple (student plus one partner) is at least $28,502 CAD per year (excluding tuition and travel). This includes a base amount of $22,895 CAD for the student, plus an additional $5,607 CAD to support the accompanying partner.
Can we get married quickly to avoid the 12-month rule?
Yes. If you are legally married, there is no requirement to prove 12 months of previous cohabitation. You simply provide your official marriage certificate with your application.
Do we need a lawyer to prove our relationship?
While not mandatory, consulting an immigration law firm is highly recommended if your proof of cohabitation is weak (for example, if all bills were in your parents’ names or you paid rent in cash).
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