Sponsoring a Conjugal Partner

Sponsoring a conjugal partner is an exception and not the rule

If you are a Canadian citizen or permanent resident, you may be able to sponsor your conjugal partner for permanent residency in Canada.

Immigration, Refugees and Citizenship Canada (IRCC) defines a conjugal partner as:

• a person who is living outside Canada;
• in a conjugal relationship with the sponsor for at least one year; and
• could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation).

The conjugal partnership is assessed based on the following:

• a significant degree of attachment between the couple, implying not just a physical relationship but a mutually interdependent relationship;
• the genuine relationship has been for at least 12 months;
• have combined their affairs to the extent possible; and,
• marriage or cohabitation (living together) hasn’t been possible because of barriers such as sexual orientation, religious faith, etc.

There must be a significant degree of attachment between two conjugal partners. The key to assessing conjugal partnership is that neither common-law partner status nor marriage is possible, usually because of marital status or sexual orientation, combined with an immigration barrier.

A foreign partner may be from a country where divorce is not possible, where same-sex marriage is not recognized, or where cohabitation by same-sex partners is against the culture. Such partners may not be able to obtain long-stay visas in order to live together and meet the cohabitation requirement for common-law partners. When the option of marriage is not available, such couples could be permanently separated. In all other respects, conjugal partner couples are similar to a common-law couple or a married couple.

All of these apply to both opposite and same-gender couples. In all cases, both partners will be assessed. The Sponsor will be assessed for eligibility to sponsor and the Partner will be assessed as a principal applicant based on the conjugal relationship and immigration admissibility.

Are you in a possible conjugal partnership? Check if you can sponsor or be sponsored as a conjugal partner. Contact us here for an exploratory discussion.

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