Blog Layout

Avoiding Common Law Partner Sponsorship Mistakes – Top 5 Tips for Success

Fran Wipf • Feb 08, 2021

Canada affords common-law partnerships many of the same rights that are afforded to married couples.  For immigration purposes, a common-law partnership is recognized when two committed partners have lived together for at least 12 months consecutively, and have combined their affairs in much the same way that you would expect from a married couple.  Our office reviews a lot of self-prepared applications for common-law sponsorship to Canada, and we consistently see people making the same mistakes.  I want to share with you some tips to help you avoid the most common errors.

Common Law Partner Sponsorship Mistakes

5 Tips for a Successful Common-law Sponsorship Application

1.  Ensure that you actually qualify as common-law.

You must be able to prove at least 12 months of continuous co-habitation with your partner.  Include dated documents with your application that show you have had the same address historically, and for a period of at least one year.  Keep in mind that travelling together or living together in a different country also counts – even if that country doesn’t recognize common-law status.  

2. Sign and Date your forms AFTER you have met the 1-year cohabitation requirement.  

You must already qualify as common law on the date you sign your forms.  If you are preparing your application in advance, don’t actually sign and date the forms until after you meet the eligibility criteria.  If you sign too soon, your application will be refused.

3. Include a Stat Dec of Common Law.  

The Statutory Declaration of Common Law form, IMM 5409 , is not requested on the document checklist for a common-law partner sponsorship to Canada, but I recommend that you include it with your application.  Both partners will need to attend an appointment with a Notary Public or a Commissioner for Oaths in order to swear the declaration.  Note that this form requires you to state when you started living together for a continuous period of time.  If you have had periods of time when you lived apart, don’t swear that you have lived together continuously from the start of your relationship – specify only the periods when you were actually living under the same roof.  When completing the form, don’t put an end date for your relationship, rather, use TO PRESENT if you are still living together.      

4. Double check the address history you have listed for both sponsor and principal applicant. 

One of the application forms (IMM 5532) asks for the sponsor’s address history for the past 5 years, and another form (IMM 5669) requires the sponsored partner to list their 10-year address history.  Ensure that your addresses, as listed on these forms, properly reflect that you have lived at the same address together for the required period of time.

5.  Include an open work permit application.  

If you are applying for an inland sponsorship and you want to start or continue to work in Canada, you must include an application for an open work permit with the sponsorship package.  Just applying for the sponsorship itself won’t allow you to stay or work in Canada.  You must include this second application, and associated fees, as well.

What happens if I make a mistake on my common-law partner sponsorship application?

The best option is always to submit a perfected application for processing to IRCC.  This can be difficult, if not impossible if you are working with this type of application for the first time.  Depending on what type of mistake is involved, the outcome could be that IRCC returns or refuses your common-law sponsorship application.  A returned file often means that your partner will lose the right to work in Canada while waiting for their Permanent Resident status.  Having your common-law partner sponsorship refused means that you will need to start the process over again, and you have lost all of the fees paid for your initial application, or you will need to spend several thousand dollars to appeal the decision.  In some cases, it can be much more difficult to gain approval in the future if your file has already been refused the first time.  Any of these scenarios means that you lose thousands of dollars and years of time.  It’s not worth it to take a chance by submitting an application if you don’t know for certain that it’s perfect.


The Way Immigration has been involved with hundreds, if not thousands, of successful common-law partner sponsorship applications.  Contact our office today, to ensure that your application is done properly the first time, for the best and fastest outcome possible.

proof of funds for Canada visitor visa
By Fran Wipf 25 Mar, 2024
Learn how much money is required for a Canada visitor visa. Get insights on proof of funds, bank balance, and visa requirements.
Alberta tourism and hospitality stream jobs
By Fran Wipf 26 Feb, 2024
Explore eligibility, job opportunities, and pathways in Alberta's AAIP Tourism & Hospitality Stream for immigration.
Fiance Visa Canada Requirements
By Fran Wipf 22 Jan, 2024
Explore the process of sponsoring your romantic partner to visit Canada, including fiancé visa requirements, conjugal visits, and how to bring your boyfriend or girlfriend to Canada.
sponsoring a spouse from outside canada
By Fran Wipf 22 Jan, 2024
Explore key tips on sponsoring a spouse from outside Canada, including proof of intention to reside in Canada, significant family ties, and sample letter of intent for a successful overseas sponsorship process.
 IMM 5406 Guide
By Fran Wipf 08 Jan, 2024
Discover a comprehensive guide to IMM 5406 Additional Family Information form with expert insights, tips, and instructions. Simplify your application process with The Way Immigration's detailed guidance.
a man and woman are sitting at a table with a laptop and a model house .
By Fran Wipf 10 Nov, 2023
Learn about the Prohibition on the Purchase of Residential Property by Non-Canadians Act and discover if non-residents, work permit holders, permanent residents, or international students can buy property in Canada. Find out the rules for foreign property ownership and real estate immigration.
a pair of scissors is cutting a canadian passport
By Fran Wipf 29 Oct, 2023
Learn how to renounce Canadian citizenship, the process, implications, and grounds for revoking citizenship. Find out if you can regain citizenship after renouncing and understand the meaning of renouncing citizenship.
a canadian flag is flying in front of a stone building .
By Fran Wipf 27 Oct, 2023
Explore the process of obtaining a Temporary Resident Visa within Canada, including eligibility, application steps, and key tips for a successful visa journey.
a woman , a little girl , and an older woman are posing for a picture .
By Fran Wipf 24 Oct, 2023
Explore alternative pathways to bring your parents to Canada in 2023. Learn about options beyond sponsorship for family reunification.
a woman is sitting on the floor packing a suitcase for a trip .
By Fran Wipf 20 Oct, 2023
Explore the International Experience Canada program, IEC work permits, and holiday visas in Canada. Learn about proof of funds, port of entry letters, and essential documents for a successful working holiday adventure in Canada. Apply for your IEC Canada experience now!
More Posts
Share by: