We’re Not Married — Can I Still Sponsor My Partner to Canada?

You’ve been together for years. You share a life, possibly a home, maybe even kids. But you’re not married – and now you’re wondering whether that means the door to Canadian permanent residence is closed to your partner.

It isn’t.

Canadian immigration law recognises three distinct relationship types for sponsorship, and marriage is only one of them. Depending on your situation, you may be able to sponsor your partner as a common-law partner or as a conjugal partner – both are legitimate pathways under the Family Class, both lead to permanent residence, and both are available to Canadian citizens and permanent residents alike.

The Three Relationship Categories IRCC Recognises

IRCC – Immigration, Refugees and Citizenship Canada – recognises three categories of partners under the Family Class:

• Spouses – couples who are legally married
• Common-law partners – couples who have lived together in a committed, marriage-like relationship for at least 12 continuous months
• Conjugal partners – couples who cannot cohabit or marry due to circumstances outside their control

If your relationship fits either of the last two categories, you have a legal pathway to bring your partner to Canada as a permanent resident. The pathway is not a lesser one. The outcome – permanent residence – is identical.

What Is Common-Law Partnership Under Canadian Immigration Law?

A common-law partner, for immigration purposes, is someone you have lived with in a conjugal relationship for at least 12 continuous months. This means a shared home – not just a relationship, however serious or long-standing.

A few things worth knowing:

• The 12 months must be continuous. Short separations for work travel, family visits, or health reasons are generally tolerated, but a meaningful gap in cohabitation can reset the clock or create questions that need explaining.
• There is no official registration required. IRCC does not demand a common-law certificate, though having one from a province that issues them – British Columbia and Manitoba do – can add weight to your file.
• The relationship must be genuine and exclusive. Sharing an address is not enough on its own. IRCC assesses whether the couple functions as a committed unit.
• Same-sex couples qualify under the same rules. Canadian immigration law is explicitly non-discriminatory. The 12-month cohabitation rule applies equally regardless of the couple’s gender.

What Is Conjugal Partner Sponsorship?

A conjugal partner is someone you have been in a committed relationship with for at least one year, but where cohabitation has been impossible due to a barrier beyond your control. This category exists for couples who would have cohabited or married – but couldn’t.

The word ‘conjugal’ signals what IRCC is looking for: a relationship that is marriage-like in its depth, commitment, and mutual dependence. This is not a lighter standard. In many ways it is a harder one, because the couple has to prove the nature of a relationship without the physical evidence of a shared home.

Accepted barriers include:

• Repeated visitor visa refusals preventing one partner from entering the other’s country
• Legal restrictions in the partner’s country – for example, same-sex relationships that are prohibited or criminalised
• A formal marital status in another legal system that prevents remarriage
• Political or safety conditions that make relocation impossible

What is not accepted: choosing not to marry or live together. If cohabitation or marriage was possible and simply did not happen by choice, conjugal partner is not available.

Which Stream – Inland or Outland?

Common-law applicants can use either the inland or outland stream, subject to the same rules as married couples.

Inland sponsorship applies if your partner is physically present in Canada and wants to remain here during processing. They can apply for a Spousal Open Work Permit once the application is underway, allowing them to work legally while waiting for the PR decision.

Outland sponsorship applies if your partner is currently outside Canada. Processing is generally faster – and outland applicants retain appeal rights to the Immigration Appeal Division if the application is refused.

Conjugal partners can only apply outland, since by definition they are not living together in Canada.

How Is Common-Law Different From Married – In Practice?

A marriage certificate is a government-issued document that confirms a legal status. Common-law relationships require the couple to prove the same status through their own documentation. Officers are looking for a coherent, well-documented picture of shared life.

Evidence for a common-law application typically includes:

• Shared residence – lease agreements or mortgage documents, utility bills in both names, mail addressed to both partners at the same address
• Financial integration – joint bank accounts, co-signed loans, named as beneficiary on insurance or pension documents
• Social recognition – photos with family and friends, invitations addressed to both of you, social media, correspondence from employers or government agencies that acknowledges the relationship
• Communication records – for periods spent apart, call logs, message threads, and visit records
• Travel together – boarding passes, hotel bookings in both names, passport stamps that show travel history as a couple

A common-law file that is thin on documentation – or that relies on one category of evidence alone – carries more risk than a married file. The relationship may be just as genuine, but the evidentiary work is greater.

Does It Matter That We’re Not Married?

Not in terms of eligibility or the outcome of a successful application. What it means in practice is that you need to build a stronger evidence package than a married couple might need to.

IRCC does not view unmarried couples as less committed or less deserving. Officers are experienced with the full range of relationship types. What they are looking for, in every application, is evidence that the relationship is real.

What If We Don’t Qualify Yet?

If you have been living together for less than 12 months, you have a few options:

• Wait until you meet the cohabitation threshold and then apply as common-law partners.
• Get married – which has no cohabitation requirement, and allows you to begin the sponsorship process immediately after a legal wedding.
• Explore conjugal partner sponsorship if a genuine, documented barrier to cohabitation exists.

Marriage is not always the right answer. There are cultural, legal, and personal reasons why couples choose not to marry, and immigration law accommodates those choices. But for couples who are open to marriage and want to begin the process without delay, it is a legitimate option worth considering.

FAQ

Can a permanent resident sponsor a common-law partner to Canada?

Yes. Both Canadian citizens and permanent residents can sponsor a common-law partner. The standard sponsor eligibility requirements apply – no prior defaults on undertakings, no criminal convictions that bar sponsorship, and the ability to meet the financial undertaking. The relationship type does not affect the sponsor’s eligibility.

Does Canada recognise same-sex common-law relationships for immigration purposes?

Yes. Canadian immigration law applies identical rules to opposite-sex and same-sex couples. A same-sex couple that has cohabited for 12 continuous months qualifies as common-law partners under IRCC’s definition, and the same-sex nature of the relationship carries no additional evidentiary burden.

What happens if IRCC refuses to accept our common-law relationship?

An outland refusal can be appealed to the Immigration Appeal Division within 30 days of the refusal letter. The IAD can consider new evidence – meaning a stronger documentation package can be introduced at the appeal stage. It is also possible to reapply with a rebuilt evidence file. In either case, understanding why the refusal occurred – through GCMS notes – is essential before deciding the next step.