In the immigration context, a common-law partnership means that a couple have lived together for at least one year in a conjugal relationship [
R1(1)]. A common-law relationship exists from the day on which two individuals can provide evidence to support their cohabitation in a conjugal relationship. The onus is on the applicant to prove that they have been living common-law for at least one year before an application is received at CPC-M.
A common-law relationship is legally a
de facto relationship, meaning that it must be established in each individual case, based on the facts. This is in contrast to a marriage, which is legally a
de jure relationship, meaning that it has been established in law.