Updated on May 12, 2025 by canadian immigration experts
If you’re planning to sponsor your partner to Canada, you might be wondering: Is it easier to sponsor a common-law partner or a married spouse?
The answer isn’t straightforward—both options have pros and cons. Whether you’re married or in a common-law relationship, Immigration, Refugees and Citizenship Canada (IRCC) recognizes both for Canada spousal sponsorship, but the requirements differ.
In this guide, we’ll break down the key differences between sponsoring a married spouse versus a common-law partner, the documentation needed, processing times, and potential challenges.
By the end, you’ll have a clearer idea of which route may be smoother for your situation.
What’s the Difference Between Common-Law and Married Sponsorship?
Before diving into sponsorship, it’s important to understand how IRCC defines these relationships:
- Married Couples: Legally wed in Canada or in a country that recognizes the marriage.
- Common-Law Partners: Have lived together in a conjugal relationship for at least 12 continuous months (no formal marriage required).
Both relationships qualify for spousal sponsorship, but proving them involves different documentation.
Which is Easier to Prove: Marriage or Common-Law?
Marriage Sponsorship
- Pros:
- A marriage certificate is usually straightforward proof.
- Less scrutiny if the marriage is legally recognized.
- Cons:
- If married abroad, additional steps may be needed (e.g., translation, legal validation).
- IRCC may investigate marriages of convenience (fraudulent unions for immigration purposes).
Common-Law Sponsorship
- Pros:
- No marriage required—ideal for couples who choose not to wed.
- Cons:
- Must provide strong evidence of cohabitation (lease agreements, joint bills, affidavits from friends/family).
- If you haven’t lived together for a full year, you don’t qualify as common-law.
Verdict: Marriage is often easier to prove, but common-law sponsorship is a viable alternative if you meet the cohabitation requirement.
Processing Times: Is One Faster Than the Other?
IRCC processes both married and common-law applications similarly. Current processing times (as of 2024) are approximately 12 months for inland (inside Canada) and outland (outside Canada) applications.
However, common-law applications may take slightly longer if IRCC requests additional proof of relationship.
Potential Challenges in Common-Law vs. Married Sponsorship
Common Challenges for Married Couples
- Suspicion of Fraud: IRCC scrutinizes quick or recent marriages.
- Cultural Differences: If married in a country with different traditions, IRCC may require extra documentation.
Common Challenges for Common-Law Couples
- Proving Cohabitation: If you lack shared bills or leases, your application may be delayed or denied.
- Gaps in Living Together: Even a short separation (e.g., work travel) can complicate proof of 12-month cohabitation.
Which Option Should You Choose?
If you’re already married, sponsorship is typically smoother. If you’re not married but have lived together for a year, common-law sponsorship is a great option.
Still unsure? Consider:
- How long have you been together?
- Do you have strong proof of your relationship?
- Are you comfortable with the legal implications of marriage?
FAQs About Common-Law vs. Married Sponsorship
Can I sponsor my partner if we’ve been dating but not living together?
No. IRCC requires either marriage or 12 months of continuous cohabitation for common-law status.
What if we lived together but not for a full year?
You don’t qualify as common-law. Consider getting married or waiting until you meet the 12-month requirement.
Does IRCC recognize same-sex common-law partnerships?
Yes! Same-sex couples have the same rights as opposite-sex couples in sponsorship applications.
Can I switch from common-law to married sponsorship later?
Yes, but you’ll need to submit a new application with a marriage certificate.
What if my common-law partner and I own property together?
Joint ownership (homes, bank accounts, insurance) strengthens your application.
Final Thoughts
Both married and common-law sponsorships are valid pathways to bring your partner to Canada. While marriage is often simpler to prove, common-law sponsorship is a practical alternative if you meet the cohabitation requirement.
Key Takeaway: Gather strong proof of your relationship, whether married or common-law, to avoid delays. If in doubt, consult a Canadian immigration lawyer or RCIC (Regulated Canadian Immigration Consultant) for personalized advice.
Need help with your application?
Our spousal sponsorship experts at Jane Katkova & Associates are here to help you . Start organizing your documents early and ensure everything aligns with IRCC’s requirements. Good luck!
