Short answer: they're different applications — married couples use the IMM 5533 document checklist, common-law partners use IMM 5589. Prepare against the wrong checklist and the whole package comes back. Common-law status is defined by 12 continuous months of cohabitation, and proving that on paper is the heart of the case.
What triggers returns and refusals
- Wrong checklist. An unmarried couple filing under 5533, or a married couple under 5589, is a return by itself.
- Weak cohabitation evidence. 12 continuous months is the definition; thin proof fails the genuine-relationship assessment.
- Missing signatures. Representative forms need both the sponsor's and the applicant's signatures — one missing is enough for a return.
- Sponsor ineligibility. 18+, citizen or PR, living in Canada (PRs abroad cannot sponsor) — check this before anything else.
Side by side
| Item | Spouse | Common-law |
|---|---|---|
| Checklist | IMM 5533 | IMM 5589 |
| Relationship test | Valid marriage | 12+ continuous months of cohabitation |
| Core evidence | Marriage certificate + genuineness | Cohabitation record + genuineness |
| Cohabitation proof examples | — | Joint lease/ownership, joint accounts and utility bills, official documents at the same address |
IRCC states you don't need every item on the evidence list — in practice, what matters is whether the *continuity* of the 12 months can be reconstructed from documents.
The income myth
Spousal/partner sponsorship has no minimum income requirement in most cases. The financial evaluation (IMM 1283) applies only in exceptions — e.g., when a sponsored dependent child has dependent children of their own. "My salary is too low to sponsor" is usually false.
FAQ
We live together — what if we get married mid-process? From the marriage date you're a spouse (5533) case. The principle is matching the legal reality, not choosing the easier checklist.
Can my partner work in Canada during processing? Inland applicants can file a spousal open work permit alongside — and those hours later feed CEC eligibility.
Does time apart break common-law status? Short trips normally don't; extended separations can conflict with the "continuous" requirement. Classic case-by-case territory.
