Not Declared Common-Law Despite 12+ Months Living Together – Does Relationship Nature Matter for IRCC?

[littlerzrz]

Hi everyone,

I’m seeking advice about our situation as I prepare to sponsor my spouse for Canadian PR.

Here’s our background:
• My partner and I started living together in December 2021, so by December 2023, we had been at the same address for over a year.
• However, during that time, we kept our finances completely separate, did not share major expenses, and our daily lives were quite independent. We did not consider ourselves to be in a marriage-like relationship, but more like close companions/roommates.
• When I applied for PR in December 2023, I selected “single” and did not declare a common-law relationship, as we believed we did not meet the “marriage-like” standard.
• I received my PR on Jan 2025. We got married in February 2025 and are now planning to apply for spousal sponsorship.

My main concerns are:
1. Will IRCC consider our living arrangement as common-law even if we did not see ourselves as marriage-like partners at the time?
2. Could not declaring common-law (despite living together for over a year) be considered misrepresentation if our relationship was not actually marriage-like?
3. Should we explain in our application why we did not consider ourselves common-law and provide evidence of our independent lives during that period?

Any advice or similar experiences would be very helpful. Thank you!

 

[Buletruck]

Hi everyone,

I’m seeking advice about our situation as I prepare to sponsor my spouse for Canadian PR.

Here’s our background:
• My partner and I started living together in December 2021, so by December 2023, we had been at the same address for over a year.
• However, during that time, we kept our finances completely separate, did not share major expenses, and our daily lives were quite independent. We did not consider ourselves to be in a marriage-like relationship, but more like close companions/roommates.
• When I applied for PR in December 2023, I selected “single” and did not declare a common-law relationship, as we believed we did not meet the “marriage-like” standard.
• I received my PR on Jan 2025. We got married in February 2025 and are now planning to apply for spousal sponsorship.

My main concerns are:
1. Will IRCC consider our living arrangement as common-law even if we did not see ourselves as marriage-like partners at the time?
2. Could not declaring common-law (despite living together for over a year) be considered misrepresentation if our relationship was not actually marriage-like?
3. Should we explain in our application why we did not consider ourselves common-law and provide evidence of our independent lives during that period?

Any advice or similar experiences would be very helpful. Thank you!

I'll start with "make sure you engage a very good immigration lawyer" when you apply. As a minimum, I think you are in for a rough time.

1. Very likely. Not considering yourself common law is like saying 5 mph over the speed limit isn't really speeding. It is. Financial implications are only a small component of the much larger definition. I'd also add that your marriage a month after landing goes a long way to invalidate your position of not being common law and flies in the face of the logic you're trying to use. On the face of it, it looks very much like you were in a committed relationship, given the timeline.

2. Doubtful. IRCC doesn't seem to go beyond denying sponsorship of a spouse in situations like this.

3. Absolutely not in my opinion, but I'd seek the advice of a very competent lawyer. Defending a position prior to any decision on your application, to me, immediately brings the validity of your claim into question. That's not to say you shouldn't have a defence prepared and ready to submit if they do deny your sponsorship, but admitting it upfront provide the officer an immediate bias on the application and may trigger an investigation that might not occur without your clarification. Never offer any more information than is asked for.

 

[armoured]

• My partner and I started living together in December 2021, so by December 2023, we had been at the same address for over a year.
• However, during that time, we kept our finances completely separate, did not share major expenses, and our daily lives were quite independent. We did not consider ourselves to be in a marriage-like relationship, but more like close companions/roommates.
• When I applied for PR in December 2023, I selected “single” and did not declare a common-law relationship, as we believed we did not meet the “marriage-like” standard.
• I received my PR on Jan 2025. We got married in February 2025 and are now planning to apply for spousal sponsorship.

I agree with @Buletruck on the substance - you are in for a difficult time and need legal counsel. It's also quite likely you will never be able to sponsor your spouse - and so your spouse should do everything possible to qualify for immigration on their own. (All this could have been avoided if - PRIOR to Feb 2025 - you had informed IRCC).

Let's be blunt here: you say that between Dec 2021 to Dec 2023, you lived together but did not think it was marriage like.

The inference clearly is that from Jan 2024, you were in an actual relationship, and so were common law by Jan 2025. (If you're going to say that wasn't the case - this is why you need a lawyer, to ensure that you do not unintentionally imply the obvious)

Your description of the relationship is also a dead give-away: 'more like' roommates - but I'd bet that if completely honest, you'd admit that some part of your relationship was very much not 'like roommates', but the part that any outside observer would say 'yep, that's a relationship.' (If one were being very blunt and wanted the info - which I do not - how you answered the question "were you sleeping together or not?" might be sufficient.)

What 'you thought' about the relationship is not the test they're going to apply.

 

[scylla]

Hi everyone,

I’m seeking advice about our situation as I prepare to sponsor my spouse for Canadian PR.

Here’s our background:
• My partner and I started living together in December 2021, so by December 2023, we had been at the same address for over a year.
• However, during that time, we kept our finances completely separate, did not share major expenses, and our daily lives were quite independent. We did not consider ourselves to be in a marriage-like relationship, but more like close companions/roommates.
• When I applied for PR in December 2023, I selected “single” and did not declare a common-law relationship, as we believed we did not meet the “marriage-like” standard.
• I received my PR on Jan 2025. We got married in February 2025 and are now planning to apply for spousal sponsorship.

My main concerns are:
1. Will IRCC consider our living arrangement as common-law even if we did not see ourselves as marriage-like partners at the time?
2. Could not declaring common-law (despite living together for over a year) be considered misrepresentation if our relationship was not actually marriage-like?
3. Should we explain in our application why we did not consider ourselves common-law and provide evidence of our independent lives during that period?

Any advice or similar experiences would be very helpful. Thank you!

What was the situation between December 2023 and January 2025? Were you living together during this time? When did you enter into a relationship?

 

[YVR123]

I have the same question as scylla. Were you still roommates until Jan 2025 when you landed and then suddenly got serious and got married in Feb 2025?
The timing is a bit unusual. When did the roommate situation changed to a real relationship under the same roof.
Your marital status needed to be updated if it changed before you landed as PR. (It's not just WHEN you applied for PR and stayed the same)

 

[littlerzrz]

Thank you all again for your helpful replies — I really appreciate the insights. I’d like to share a bit more and ask a follow-up question.

We started dating in November 2021 and moved to the same place in December 2021, while we were both full-time students. At that time, we didn’t share finances, didn’t have joint responsibilities, and lived fairly independently. Also both of our parents didn’t support our relationship. He wasn’t working, and I didn’t start working until March 2024.

To the question from both scylla and YVR123. We both went back to our home country in December 2023. And that was the time we formally introduced each other to our families and had more serious discussions about the relationship. That was the turning point when we gained full family support, and when I went back March 2024, we lived together again.

In April 2024, we moved into a new place together with the intention to build a life as a couple. That’s when we believe we entered a conjugal relationship.

I understand IRCC applies an objective standard, but given our explanation and timeline, is the risk of being refused for misrepresentation or ineligibility realistically high?

Has anyone had a similar experience where the sponsorship still went through? Also, are there other things that I may need to consider or be careful of?

Thanks again for your thoughts — it really helps.

 

[armoured]

I understand IRCC applies an objective standard, but given our explanation and timeline, is the risk of being refused for misrepresentation or ineligibility realistically high?

When you and your spouse returned to reside together in March 2024, did you reside in the same place you resided together before?*

I think the chances of being refused on basis you did not disclose your common law spouse are high. I could be wrong - of course.

-You dated before you began living together.
-Resided together for two years.
-Your 'break' when you went home was - in point of fact - effectively to get permission from family.
-This 'break' was only 3-4 months anyway, and you were in the same country during that break, and (still!) dating each other.
-And then you returned to live together once again. (Q: in the same place? same question as above.)

I think there is little doubt this constitutes a three-year plus relationship, during which you were residing together effectively all the time. (There was some combination of pretending to your parents / pretending to yourselves, I gather).

Now, could a lawyer skilfully and carefully present this case (selectively being a bit vague about some points), and when/if questions posed about the basics, possibly throw some doubt on it and plead on basis of 'we didn't know / we thought / in our culture / etc' - yes. Possibly even successfully.

*While I asked for clarity on this one point, I don't think it plays a critical role.

As for other cases: we have seen some cases here where applicants have tried to explain residing together before relationship began - some successfully. Facts matter, such as: did they know each other before; were there other people residing in the flat (eg student residences where common for 3-4 people share a larger place); can the others residing attest that the couple in question did not have a relationship / did not share a room; were there other relationships at any point (with others, that is) that support the point the couple were not together; was there a clear starting point to the relationship (clear as in documented/supported) that marks dates outside the period in question.

Your case seems weak on that comparison. That's not to say it's hopeless - I'm not an IRCC officer judging you, just stating my opinion as to how it looks from the outside.

 

[littlerzrz]

When you and your spouse returned to reside together in March 2024, did you reside in the same place you resided together before?*

I think the chances of being refused on basis you did not disclose your common law spouse are high. I could be wrong - of course.

-You dated before you began living together.
-Resided together for two years.
-Your 'break' when you went home was - in point of fact - effectively to get permission from family.
-This 'break' was only 3-4 months anyway, and you were in the same country during that break, and (still!) dating each other.
-And then you returned to live together once again. (Q: in the same place? same question as above.)

I think there is little doubt this constitutes a three-year plus relationship, during which you were residing together effectively all the time. (There was some combination of pretending to your parents / pretending to yourselves, I gather).

Now, could a lawyer skilfully and carefully present this case (selectively being a bit vague about some points), and when/if questions posed about the basics, possibly throw some doubt on it and plead on basis of 'we didn't know / we thought / in our culture / etc' - yes. Possibly even successfully.

*While I asked for clarity on this one point, I don't think it plays a critical role.

As for other cases: we have seen some cases here where applicants have tried to explain residing together before relationship began - some successfully. Facts matter, such as: did they know each other before; were there other people residing in the flat (eg student residences where common for 3-4 people share a larger place); can the others residing attest that the couple in question did not have a relationship / did not share a room; were there other relationships at any point (with others, that is) that support the point the couple were not together; was there a clear starting point to the relationship (clear as in documented/supported) that marks dates outside the period in question.

Your case seems weak on that comparison. That's not to say it's hopeless - I'm not an IRCC officer judging you, just stating my opinion as to how it looks from the outside.

Got it. Thanks a lot for the information and detailed sharing here!

 

[armoured]

Got it. Thanks a lot for the information and detailed sharing here!

Good luck.