Same-Sex Common-Law Sponsorship — 12-Month Cohabitation Evidence Playbook
For same-sex couples who have continuously cohabited for 12+ months in Canada or in a country where they can openly live together. Detailed evidence playbook for the common-law sponsorship pathway.
Common-Law vs Spousal vs Conjugal — When to Choose Common-Law
| Category | Requires | Best for |
|---|---|---|
| Spousal | Legal marriage | Couples married abroad in same-sex marriage jurisdiction |
| Common-law | 12+ months continuous cohabitation | Couples openly living together in Canada / liberal jurisdiction |
| Conjugal Partner | 1+ year relationship + exceptional circumstances preventing cohabitation/marriage | PRC couples unable to cohabit or marry openly |
12-Month Cohabitation Evidence Requirements
“Cohabitation” Definition
Living together in a conjugal relationship for at least 12 months continuously. Brief temporary separations (work travel, family visits) do not interrupt cohabitation. Long separations may interrupt.
“Conjugal” Means
Per Molodowich v. Penttinen:
- Shelter and shared accommodation
- Sexual and personal behavior (intimacy, exclusivity)
- Services to each other
- Social activities and shared friendships
- Economic support and integration
- Children (if any)
- Societal perception as a couple
Documentation Playbook
1. Cohabitation Address Evidence (Critical)
- Joint lease/rental agreement (both names)
- Joint property deed (if owned together)
- Both names on utility bills (electricity, water, gas, internet) for 12+ months
- Both names on government ID showing same address (driver license, health card, voter registration)
- Both names on insurance policy at same address
2. Financial Integration
- Joint bank account statements (12+ months)
- Joint credit card statements
- Joint tax filing (if any — Canadian common-law spouses can file together)
- Shared expenses tracking
3. Relationship Evidence
- Photos showing shared life events, holidays, friends, family
- Communications archive (showing daily life, planning, intimacy)
- Joint social media presence (if comfortable)
- Witness statements from friends and family
4. Forward-Looking Evidence
- Joint future plans (wills naming each other as beneficiary)
- Joint medical decisions (insurance beneficiary, healthcare proxy)
- Joint employment benefits enrollment
- Joint retirement planning
Common Cohabitation Disputes
Q: We lived together but not all utilities are in both names
Acceptable. Provide other evidence (joint bank account, shared insurance, witness statements). Documents prove cohabitation, but no single doc is essential — totality of evidence matters.
Q: We had a 2-month separation due to work
Temporary separations for work/family do not interrupt cohabitation IF you can document continued relationship (communications, financial integration, joint home maintenance). Permanent separation would interrupt.
Q: We lived together in China — does that count?
Yes if you can document it. But Chinese cohabitation evidence is often harder due to family pressure / lack of joint documents. May be more practical to use Conjugal Partner pathway instead.
Sponsorship Process
- Sponsor must be 18+ Canadian citizen or PR, residing in Canada
- Sponsor commits to support partner for 3 years
- Sponsorship + PR application filed together
- Processing: ~12-15 months from filing to PR
- Inland (partner already in Canada) gets open work permit during processing
Related Hubs
Three-Disciplinary Disclosure
- Ontario LSO licence only. Dr. Zhang is LSO-certified in Refugee Law. US bar 2027 expected.
- No PRC law licence — Shanghai cooperating firm for PRC matters.
- Not registered as financial advisors.
Confidential Contact
Phone: (613) 417-1850 (private line) | Book Confidential Consultation