When planning to bring your partner to Canada, choosing the correct immigration stream is essential. Many applicants are unsure whether to apply as a married spouse or a common-law partner—and choosing the wrong category can delay your application or even lead to rejection.
In this guide, we break down the key differences between the marriage visa and common-law sponsorship in Canada, including eligibility, documentation, timelines, and which path might be the best for your relationship.
1. What Is a Marriage Visa in Canada?
In immigration terms, a marriage visa refers to spousal sponsorship where the applicant and sponsor are legally married.
To qualify, you must:
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Be legally married under the laws of the country where the marriage took place
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Be at least 18 years old
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Be in a genuine and continuing relationship
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The Canadian sponsor must be a citizen or permanent resident
Canada recognizes both opposite-sex and same-sex marriages as long as the marriage is legally valid.
2. What Is a Common-Law Partner According to IRCC?
A common-law partner is someone you have been living with in a marriage-like relationship for at least 12 consecutive months.
Key criteria:
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Must have lived together continuously for one year or more
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Shared financial responsibilities and life together
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Evidence that the relationship is equivalent to a marriage in commitment and function
This category is often used when:
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The couple has chosen not to marry
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Legal or cultural reasons prevent marriage
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The relationship is equally committed but not formalized by law
3. Major Differences at a Glance
Category | Marriage Visa | Common-Law Partner |
---|---|---|
Legal status required | Must be legally married | No marriage, but 12 months cohabitation |
Time requirement | None | 12 months minimum living together |
Proof required | Marriage certificate, photos, etc. | Shared housing, finances, photos |
Typical applicants | Recently married, long-term couples | Unmarried couples living together |
Common interview risk | Fraud suspicion if newly married | Doubt about cohabitation or intent |
4. Which Option Is Easier?
That depends on your situation.
Marriage sponsorship may be easier if:
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You’re already married
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You have a marriage certificate and family support
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You haven’t lived together yet but plan to
Common-law sponsorship may be better if:
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You’ve lived together for over a year
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You have joint leases, bills, and photos to prove cohabitation
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You don’t want or can’t legally marry
Both options are considered equal by IRCC, but documentation standards differ.
5. Proof Requirements: Marriage vs. Common-Law
Marriage Visa Evidence:
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Legal marriage certificate
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Photos from wedding and events
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Travel history
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Communication logs
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Affidavits from family or friends
Common-Law Evidence:
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Joint lease or mortgage
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Shared utility bills and bank accounts
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Photos of cohabitation
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Letters from landlords or roommates
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Statutory declarations from people who know you
Common-law couples must prove cohabitation, which takes more documentation than proving a legal marriage.
6. What If You Were in a Long-Distance Relationship?
If you’ve been long-distance and not lived together, you likely won’t qualify for common-law sponsorship—unless you meet the definition of a conjugal partner, which is harder to prove.
In most cases, marriage is the only viable path if:
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You haven’t lived together for 12 consecutive months
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You don’t qualify as conjugal partners
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You want to move forward without delay
7. How Conditional PR Status Affects New Marriages
If you’ve been married less than 2 years and have no children, the sponsored spouse may receive conditional permanent residence, requiring the couple to remain in a genuine relationship for at least 2 years after arrival.
This does not apply to common-law sponsorships but is important to know for marriage-based cases.
8. What If You Transition from Common-Law to Marriage?
If you were common-law partners and later got married before or during the application process, you should notify IRCC and update your status. This can strengthen your case, but your eligibility remains valid either way.
9. Which Has Faster Processing Times?
Processing times are very similar for both categories. The real difference is in documentation and complexity.
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If your evidence is weak, both applications can be delayed.
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If your relationship is well-documented, either path can be approved within 10–14 months.
10. Final Tips for Choosing the Right Option
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Don’t force a marriage just for immigration—IRCC investigates marriage fraud seriously.
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If you’re already living together for 12 months, common-law is a valid path.
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If you plan to marry soon and haven’t lived together yet, marriage sponsorship makes more sense.
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Whichever path you choose, focus on clear, consistent, and credible documentation.
Final Thoughts
Canada offers inclusive, flexible options for sponsoring your life partner—whether you’re married or not. The key is choosing the right category for your situation and building an application that clearly proves your relationship is genuine, ongoing, and mutually committed.
When in doubt, consult with an immigration consultant to determine the best route. With the right documentation and preparation, both marriage and common-law sponsorships can lead to a successful future together in Canada.