Where Common-Law Sponsorships Fail: Top Reasons and How to Avoid Them

Common-law sponsorship is a popular pathway for Canadian citizens and permanent residents to bring their partners to Canada. But despite the pathway being well-established, many applications are refused often due to avoidable mistakes or misunderstandings about what a common-law relationship means under Canadian immigration law.

Let’s talk about the most common reasons why common-law sponsorships fail and how you can avoid those pitfalls to increase your chances of a successful application.

What Is a Common-Law Sponsorship in Canada?

Under Immigration, Refugees and Citizenship Canada (IRCC) guidelines, a common-law partner is someone you've been living with in a conjugal relationship for at least 12 consecutive months. You must prove not only cohabitation but also the genuineness and exclusivity of the relationship.

Top 7 Reasons Why Common-Law Sponsorships Fail

1. Inadequate Proof of Cohabitation

Many couples believe that living together automatically qualifies them as common-law but IRCC requires strong, documented proof. This includes:

• Joint lease or mortgage

• Utility bills showing the same address

• Government ID with the same address

• Shared bank accounts

Where it fails: If you don’t have at least a year of documented cohabitation, your application is likely to be refused.

Tip: Gather and submit at least 6–10 types of documents showing both names at the same address.

2. Lack of Relationship Genuineness

IRCC scrutinizes whether the relationship is genuine or entered into primarily for immigration purposes. Applications that appear transactional or lack emotional and personal depth are red flags.

Where it fails: Generic relationship timelines, staged photos, or lack of communication history can lead to refusal.

Tip: Include personal photos, chat logs, travel itineraries, letters from family/friends, and proof of shared life decisions.

3. Conflicting or Weak Supporting Documents

Sometimes documents contradict each other e.g., different addresses listed on ID or a sponsor claiming cohabitation while the lease is in only one person’s name.

Where it fails: Discrepancies raise doubts about the truthfulness of the relationship.

Tip: Do a full document audit before applying. Consistency is key.

4. One-Year Rule Misunderstood

Many applicants fail to grasp that common-law status requires 12 continuous months of cohabitation not dating for a year or living together intermittently.

Where it fails: Claiming common-law status too early with interruptions in living arrangements or simply not enough documents to prove that you have lived together for one year.

Tip: Wait until you have documented, uninterrupted cohabitation for 12 months before applying.

5. Poorly Written Relationship Timeline

A poorly written or vague “relationship story” hurts your credibility. If you gloss over details or write in a robotic tone, IRCC may assume your relationship isn’t genuine.

Where it fails: A weak personal statement that lacks emotion or specificity.

Tip: Write an honest, compelling narrative explaining how you met, grew together, faced challenges, and decided to build a future.

6. Not Updating IRCC When Circumstances Change

If you separate temporarily, move, or face personal challenges, you must inform IRCC.

Where it fails: IRCC finds out about a change from another source or during background checks, not from you.

Tip: Keep IRCC informed to avoid suspicions of misrepresentation.

7. The Sponsor Is Ineligible

Even if the relationship is solid, the sponsor must meet eligibility criteria —no serious criminality, not receiving social assistance (excluding disability), and not defaulting on previous undertakings.

Where it fails: The sponsor has a past failed sponsorship or criminal record.

Tip: Review your own eligibility before submitting a sponsorship application.

Inland vs. Outland Sponsorship Mistakes

• Inland sponsorship applicants should limit travel during processing, extended travel may cause problems.

• Outland sponsorship may be faster in some cases, especially if the applicant is outside Canada, but people mistakenly apply through the wrong stream.

Pro Tip: Choose the right stream based on your specific circumstances and consider professional advice.

How to Avoid Common-Law Sponsorship Refusals

·       Keep detailed records of cohabitation and shared responsibilities

·       Prepare a thorough and honest relationship narrative

·       Provide clear, consistent supporting documents

·       Use a checklist to ensure completeness

·       Get professional immigration advice if unsure

Final Thoughts: Get It Right the First Time

A refused sponsorship application can delay your plans for months or even years and damage your immigration record. Don’t take the risk.

Whether you’re just starting your common-law relationship or preparing your application, working with a certified immigration professional can help ensure your application tells the real story backed by credible, convincing evidence.

About the Author: Lauren Shannan is a Senior Immigration Consultant with 10 years of experience helping foreign nationals navigate their journey in Canada. With her extensive knowledge of immigration processes and policies, Lauren provides valuable insights to those looking to make Canada their new home.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized advice, please consult with a licensed immigration professional.