Immigration, Refugees and Citizenship Canada (IRCC) treats common-law and married partners equally for PR points. However, to be considered common-law, you must prove 12 months of continuous, uninterrupted cohabitation. Proving a legal marriage simply requires a valid marriage certificate.
When applying for Permanent Residency (PR) in Canada, your relationship status plays a massive role in your comprehensive ranking score. Many applicants wonder if it is better to get legally married or apply as a common-law partner. From IRCC’s perspective, both relationship types give you the exact same immigration benefits and allow you to include your partner on your application. The real difference lies entirely in the heavy burden of proof required.
Proving a common-law relationship is notoriously difficult and document-heavy. ⚠️ If an immigration officer feels your proof of living together is weak, they will instantly reject your entire PR application for misrepresentation. Whether you currently live in Toronto, Vancouver, or Calgary, ensuring your documents meet federal standards is vital. It is highly recommended to engage a knowledgeable immigration lawyer from our directory to review your cohabitation evidence before submitting your Express Entry profile.
Step-by-Step Process for Declaring Your Relationship in Canada
Choosing between common-law and married statuses changes how you prepare your application package. Here is the standard process to legally establish your relationship for Canadian immigration purposes.
Step 1: Understanding the 12-Month Rule
IRCC has a highly strict definition of common-law. You must have lived together continuously for at least one full year (12 consecutive months). 🕐 Short trips for business or travelling are allowed, but any separation lasting more than a few weeks breaks the continuity. If you have only lived together for 11 months and 28 days, you are legally not common-law in the eyes of the Canadian government.
Step 2: Gathering Extensive Cohabitation Evidence
If you are applying as common-law, you must collect a mountain of shared documents. This includes a joint residential lease, joint bank account statements, utility bills showing both names at the same address, and shared vehicle insurance. If your names are not on the same official documents, proving your relationship becomes incredibly challenging.
Step 3: Opting for Legal Marriage (The Alternative)
Because gathering a year of utility bills is difficult, many couples simply choose to get legally married. 💍 If you are married, the 12-month cohabitation rule disappears entirely. You just need to provide your official government-issued marriage certificate. However, you still need to provide basic photos and communication logs to prove the marriage is genuine and not just a “marriage of convenience” for a visa.
Step 4: Signing the Statutory Declaration (IMM 5409)
For common-law couples, IRCC requires you to fill out the Statutory Declaration of Common-Law Union (Form IMM 5409). This official federal form must be signed in front of a Canadian notary public, a commissioner of oaths, or a lawyer. By signing this, you are swearing under oath that your relationship meets the 12-month criteria.
Step 5: Updating Your PR Profile
Once you hit the 12-month cohabitation mark, or the day you get married, your status legally changes. 🖥️ You must immediately update your Express Entry profile or your active PR application to reflect your new marital status. Failing to declare your partner can lead to a lifetime ban on ever sponsoring them in the future.
How Much Does it Cost to Include a Partner in Canada?
Including a spouse or common-law partner on your application involves several mandatory government fees. Here are the expected costs in Canadian dollars (CAD):
| Expense / Fee Type | Estimated Cost (CAD) | Details |
|---|---|---|
| Partner PR Processing Fee | $850 CAD | Base fee to process their background and medicals |
| Right of Permanent Residence Fee | $575 CAD | The RPRF fee for the partner |
| Biometrics Fee | $85 CAD | Mandatory fingerprinting for the partner |
| Notary Fees (IMM 5409) | $50 – $150 CAD | Required only for common-law applications |
How Long Does the Process Take?
Adding a partner to your application generally does not slow down standard processing times if done correctly upfront. Under the Express Entry system, most applications are processed within 6 to 8 months. However, if IRCC doubts the authenticity of your common-law relationship, they will send a Procedural Fairness Letter demanding more proof, which can delay your final decision by 2 to 4 months.
Frequently Asked Questions (FAQ)
Does a married couple get more PR points than a common-law couple?
No. Under the Comprehensive Ranking System (CRS), being married or being in a common-law partnership are treated exactly the same. Your partner’s education, age, and language skills will impact your score identically in both scenarios.
What if my partner and I live in different cities in Canada?
If you live in different cities (for example, one in Winnipeg and the other in Montreal), you are not continuously cohabiting. Therefore, you cannot legally claim to be common-law under IRCC rules. You would need to apply as single or get legally married.
Can we be common-law if one of us is still legally married to someone else?
Yes. Under Canadian immigration law, you can form a valid common-law relationship even if one or both partners are separated but still legally married to previous spouses, provided you have lived together exclusively for at least 12 months.
Do we have to share a bank account to prove common-law?
While a joint bank account is highly recommended and considered excellent evidence, it is not strictly mandatory. You can use other strong documents like a joint residential lease, joint utility bills, and shared life insurance policies to prove your union.
Can I add my partner after I receive my Invitation to Apply (ITA)?
Yes. If you become common-law or get married after receiving an ITA but before submitting your final PR application, you can add them. However, your CRS score will be recalculated, and if your score drops below the cut-off for that draw, your application will be refused.
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