Key takeaways
- You can sponsor a common-law partner without marrying them
- A common-law partner is not legally married to you, is at least 18, is in a genuine relationship with you and has lived with you for at least 12 consecutive months
- IRCC says to use the Family Class if your partner lives outside Canada, or will not stay in Canada while the application is processed, or if you plan to appeal a refusal
- IRCC says to use the in-Canada class if your partner lives with you in Canada and has valid temporary resident status or is exempt under a public policy
- Conjugal partners can only apply under the Family Class
- IRCC does not give a processing-time or speed comparison between the classes in these pages
Do you have to marry first?
No. IRCC’s who you can sponsor page says you can sponsor a person as your common-law partner (any gender) as long as you have been living, or have lived, with your partner for at least 12 consecutive months in a marriage-like relationship.
IRCC lists 4 conditions. Your common-law partner:
- is not legally married to you
- is at least 18 years old
- is in a genuine relationship with you, not only to get permanent resident (PR) status
- has lived with you for at least 12 consecutive months
Read our guide on time apart and the 12-month rule.
The two classes side by side
When you sponsor a spouse or common-law partner, you must state the class of application on the checklist. IRCC’s sponsorship guide (IMM 5289) sets out these criteria.
| Family Class (“outland”) | Spouse or Common-Law Partner in Canada Class (“inland”) | |
|---|---|---|
| IRCC says to choose it if | Your partner lives outside Canada. Or your partner lives with you in Canada but does not plan to stay during processing. Or you plan to appeal a refusal. | Your partner lives with you in Canada and has valid temporary resident status, or is exempt from needing it under a public policy. |
| If approved | The visa office issues permanent resident visas. Your partner must arrive within the validity period of the visas. | The IRCC pages used here do not describe this step. |
| If refused | IRCC sends an email or letter with the reasons and tells you of the right to appeal to the Immigration and Refugee Board (IRB). | Your partner must leave Canada at the end of their period of temporary stay. |
| Conjugal partners | Must use this class | Not available |
Trade-offs IRCC states for the in-Canada class
- Your spouse or partner may be eligible for an open work permit.
- Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker.
- If your partner leaves Canada before becoming a permanent resident, they may not be allowed to come back. IRCC says this is especially true if they need a Temporary Resident Visa or an electronic travel authorization (eTA).
- If your partner cannot return to Canada, you must submit a new overseas sponsorship application.
IRCC lists “you plan to appeal” as a reason to choose the Family Class. The pages used here do not say in so many words that the in-Canada class has no appeal, so read the guide for your case. IRCC also does not say whether you can switch classes during processing.
Partners without status: the 2005 public policy
IRCC’s guide describes a public policy for partners in Canada who are inadmissible only because they:
- overstayed a visa, visitor record, work permit or study permit
- worked or studied without being legally allowed to
- entered Canada without the required visa or other document
- entered Canada without a valid passport or travel document, as long as they have valid documents by the time they are granted permanent residence
Conjugal partners
IRCC defines a conjugal partner as a person living outside Canada, in a conjugal relationship with the sponsor for at least 1 year, where marriage or living together has not been possible. IRCC says: “If you’re applying in the conjugal partner class, the person being sponsored cannot be living in Canada.” You must use the Family Class.
Who can sponsor
Under IRCC’s sponsor eligibility page, you must live in Canada. If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when the people you sponsor become permanent residents. If you are a permanent resident living outside Canada, you cannot sponsor.
What to do next
- Check the 4 common-law conditions, especially the 12 consecutive months.
- Check where your partner lives and what status they hold.
- Compare those facts with IRCC’s criteria in the table.
- Read the full IRCC guide before you choose the class on the checklist.
See our family sponsorship overview, the sponsorship income calculator and the family sponsorship data.
Frequently asked questions
Can I sponsor my partner if we never married?
Yes, if they qualify as your common-law partner under IRCC’s 4 conditions.
What is the difference between inland and outland?
They are informal labels. IRCC’s classes are the Family Class and the Spouse or Common-Law Partner in Canada Class.
Can a conjugal partner use the in-Canada class?
No. Conjugal partners must use the Family Class.
Which class is faster?
The IRCC pages used here do not compare speed. Check IRCC’s processing times page.
Sources
- IRCC: Sponsor your spouse, common-law partner, conjugal partner or dependent child: complete guide (IMM 5289) (checked October 20, 2026)
- IRCC: Who you can sponsor (checked October 20, 2026)
- IRCC: Eligibility to sponsor (checked October 20, 2026)
This is general information, not legal or immigration advice. For your situation, consult a licensed immigration consultant (RCIC) or lawyer.
