Common-law partner: does time apart break the 12-month living-together rule? What IRCC says

Key takeaways

A common-law partner has lived with you for at least 12 consecutive months in a conjugal relationship, without long periods apart
IRCC officer guidance says the year must be continuous. Separate stretches that add up to a year do not count
Time apart in the first year must be short and temporary, for example for family obligations or business travel
IRCC gives no number of days or weeks for “short”
After a full year is established, partners may live apart for reasons such as illness, war, work or study if they intend to live together again as soon as possible
The applicant must prove the year of living together before IRCC receives the application

The short answer

IRCC’s page on who you can sponsor says a common-law partner is not legally married to you, is 18 or older and is in a genuine relationship. The partner “has lived with you for at least 12 consecutive months, meaning you’ve lived together continuously for 1 year in a conjugal relationship, without any long periods apart”.

The same page says time apart “should have been short and temporary (for example, for family obligations or business travel)”. IRCC’s Help Centre answer says the same.

What IRCC does not say

IRCC gives no number of days or weeks for a “short” absence. Some websites give a number. That number does not come from IRCC, so we do not repeat it. An officer looks at the facts of each case.

Time apart during the first year

IRCC’s officer guidance on assessing common-law relationships says cohabitation “means continuous cohabitation for one year, not intermittent cohabitation adding up to one year”. It adds: “The separation must be temporary and short.”

This means two or three separate stretches of living together do not add up to the 12 months.

Time apart after the first year

The rule is different after a full year is established. The same guidance says “the partners may live apart for periods of time while still maintaining a common-law relationship”. IRCC gives these examples: illness or death of a family member, war or political unrest, and employment or education.

Two conditions apply. The couple must have “cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible”. There must also be “evidence demonstrating that both parties are continuing the relationship”.

IRCC also says: “The longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship still exists.”

First year and later: side by side

	First 12 months	After 12 months are established
Living together	Must be continuous	Partners may live apart for periods
Time apart	Short and temporary (for example, family obligations, business travel)	Allowed for reasons such as illness, war, work or study
Intention	Not stated as a separate test	Intend to live together again as soon as possible
Proof	Applicant proves 12 months	Evidence both partners continue the relationship

Other rules to know

Age: IRCC says the relationship is not legally common-law “until both partners have been cohabiting for one year since both were at least 18 years of age”.
Still married to someone else: a person may be common-law only if that marriage has broken down and they have lived separate and apart from that spouse for at least one year while living with the new partner. Cohabitation counts only from the physical separation.
Timing: IRCC says “the onus is on the applicant to prove that they have been living common-law for at least one year before an application is received”.
Ending it: “If either you or your common-law partner chooses to end the relationship, we consider the relationship to be over.”

Evidence an officer may ask for

The officer guidance lists examples:

a mortgage or lease
documents that show the same address for both partners, such as ID, a driver’s licence or insurance
joint bank accounts
CRA or other documents that show a marital relationship

Sponsorship also requires form IMM 5532. See our guide to family sponsorship.

Scope of this article

The officer guidance quoted here comes from the family-class (sponsorship) manual. We did not review guidance for other programs, such as declaring a common-law partner in Express Entry. Check the program you apply under.

What this means for you

You are still building your first 12 months: IRCC says the time must be continuous and any absence short and temporary. Keep records of the dates and reasons for any time apart.
You already lived together for a full year and now live apart: IRCC looks at the reason, your intention to live together again as soon as possible and evidence that you both continue the relationship.
Your partner or you were still married to someone else: the year counts only from physical separation from that spouse.
You or your partner turned 18 less than a year ago: time before age 18 does not count.

What to do next

Write down the dates you have lived at the same address, and any time apart with the reason.
Collect documents that show a shared address and shared life, such as a lease, ID and bank statements.
Read IRCC’s pages linked in the sources below.
If your case has a long separation, talk to a licensed professional. See how to check a consultant’s licence.

Frequently asked questions

Does a trip home break the 12 months?

IRCC says time apart should be short and temporary, for example for family obligations or business travel. IRCC gives no number of days.

Can I add separate periods together to reach 12 months?

No. IRCC officer guidance says cohabitation means continuous cohabitation, not intermittent cohabitation adding up to one year.

Can we live apart once we have lived together for a year?

IRCC says partners may live apart for periods, for example because of illness, war, work or study. They must intend to live together again as soon as possible and show the relationship continues.

When does a common-law relationship end?

IRCC says that if either partner chooses to end the relationship, it is over.

Does time before age 18 count?

No. The year counts only from when both partners are at least 18.

Sources

This is general information, not legal or immigration advice. For your situation, consult a licensed immigration consultant (RCIC) or lawyer.