What is a common-law partner?
Under Canada's Immigration and Refugee Protection Regulations, a common-law partner is a person who has been living with you in a conjugal relationship for at least one year. Living together for a continuous 12 months is the key test; short absences for work or family reasons do not break it.
A spouse is a person you are legally married to. A conjugal partner (someone who cannot live with you because of exceptional circumstances) is a separate category used in family sponsorship, not in Express Entry.
Are you scored "with spouse" or "single"?
| Your situation | How the CRS scores you |
|---|---|
| Single, divorced, separated or widowed | Single (higher core points) |
| Married or common-law, partner coming to Canada | With spouse: lower core points, up to 40 for the partner |
| Married or common-law, partner is a Canadian citizen or PR | Single |
| Married or common-law, partner not coming to Canada | Single |
Points for the spouse or common-law partner
| Partner factor | Maximum |
|---|---|
| Education (ECA needed for foreign credentials) | 10 |
| First official language (5 per skill at CLB 9+) | 20 |
| Canadian work experience | 10 |
Is it better to include your partner?
Including an accompanying partner lowers your own maximums by 40 points in total, and the partner can earn those 40 back. If your partner has little education, no language test and no Canadian work, your score drops. You cannot simply leave a partner out to raise your score if they are coming with you; you must declare them. Use the CRS calculator to test both cases, and see spouse points for every table.
Proof of a common-law relationship
After an ITA you will need evidence that you have lived together for 12 months, such as a joint lease or mortgage, shared bills, and identification showing the same address. IRCC also uses a statutory declaration of common-law union.
Frequently asked questions
How long do you need to live together to be common-law in Canada?
At least one year (12 continuous months) in a conjugal relationship.
Is a common-law partner the same as a spouse for Express Entry?
Yes. Both are scored the same way, and both are 'with spouse' only if the partner is coming to Canada and is not a citizen or PR.
Can my common-law partner be the principal applicant instead?
Yes. Whoever has the higher score can apply as principal, with the other as the accompanying partner.
Want your own number? The CRS calculator scores your profile under the 3 November 2026 rules, or and download a PDF report.