How to Prove Common-Law Status in BC for IRCC

How to Prove Common-Law Status in BC for IRCC

There is no application or provincial registry that creates common-law status in British Columbia for immigration. For IRCC, a common-law partner is someone you have lived with in a conjugal relationship for at least 12 consecutive months, usually declared on form IMM 5409 before a commissioner for taking oaths.

Two clocks: IRCC vs BC family law

Meeting the BC family-law test does not, by itself, prove the IRCC 12-month test. Failing the BC test does not stop you from meeting IRCC's test if you have 12 months of cohabitation evidence.

Form IMM 5409

For sponsorship, IRCC uses the Statutory Declaration of Common-Law Union (IMM 5409). Both partners declare the period of continuous cohabitation. The form is sworn or affirmed before a person authorized to take oaths (for example a commissioner for taking affidavits in BC).

Proof IRCC typically asks for

IRCC's sponsorship materials and the IMM 5409 instructions point to evidence that you share a life at the same address. Strong packages usually combine several of these:

• Joint lease or mortgage, or a landlord letter naming both of you
• Joint bank accounts, credit cards, or insurance
• Shared bills (utilities, internet) showing the same address and both names where possible
• Government mail to each of you at the shared address
• Photos and travel records that match the timeline (supporting, not enough alone)

Short absences for work or family travel do not always break the 12-month clock if the relationship and shared home continue. Long separations need a clear explanation.

Declaring common-law in BC day to day

BC does not run a "common-law registration" for couples. Practical "declarations" for private or provincial purposes (benefits, school forms, medical) are not the same as an IRCC sponsorship filing. For immigration, the controlling documents are the sponsorship forms, IMM 5409, and the cohabitation evidence IRCC requests.

Gathering common-law proof for an IRCC sponsorship from BC? Send us your cohabitation start date and what documents you already have. A licensed immigration lawyer can tell you where the package is thin.

Sources

• IRCC: Who you can sponsor (spouse, partner, children)
• IRCC: Statutory Declaration of Common-Law Union (IMM 5409)
• BC Family Law Act (bclaws)
• IRCC Help Centre: common-law partner definition