How Can I Sponsor my Conjugal Partner
Do you and your partner live apart from each other and miss each other dearly? Do you wish that you could be together in Canada? Due to special circumstances, is it impossible for you and your partner to be together? Is your desire to have someone that could help you make this possible? At Akrami & Associates, we can try our best to reunite you and your partner. The process is called a Sponsorship and in your case, it would be for your conjugal partner. In order to start the process and get one step closer to being with your partner, I will outline the important information you need to know as well as the documentation required.
What is a Conjugal Partner
A conjugal partner refers to a person outside of Canada who has had a binding relationship with a sponsor for at least one year but could not live with their partner in Canada. Thus, the conjugal partner applying for permanent residency in Canada must actually be living outside of Canada to be classified as a conjugal partner. This term refers to both opposite-sex and same-sex relationships.
In many instances, the partners are separated by war, persecution or other legal barriers that prohibit the continued cohabitation of the applicant with their Canadian sponsor. The conjugal partnership sponsorship was created for exceptional circumstances, such as the ones listed above, where individuals are unable to either get married or qualify as common-law partners.
What it Means to Sponsor Your Conjugal Partner
When you apply to sponsor your partner through the conjugal partner sponsorship, it essentially allows the sponsorship of an applicant who has been maintaining an ongoing relationship with their Canadian partner; the applicant has not been able to reside together with their Canadian partner at a common address for a timeframe of at least 1 year. The benefit of this sponsorship is that once the application is successful, the conjugal partner will be given permanent residence and the ability and right to join their sponsoring partner in Canada.
Moreover, it is imperative for you to understand that once you commit to sponsoring someone, you are solely responsible for and are promising to give financial support for the basic needs of the person and/or people you are sponsoring. Keep in mind, the basic needs you would need to provide for your partner would be things, such as: food, clothing, shelter, and other needs for everyday living. Most importantly, dental care, eye care and other health needs are not covered by Canada’s public health services and are entirely your responsibility.
Prior to committing to sponsoring your partner, you must ensure that your partner does not and will not need to ask the Canadian government for financial help and support. If they receive any type of social assistance or financial help from the government, you will be responsible to pay back what they have received during the support period. Consequently, if you do not repay the amount in full, you will not be able to sponsor anyone else.
Additionally, if your situation changes while you are sponsoring your partner, the sponsorship will unfortunately not be cancelled as a result. The sponsoring of your partner is a binding promise of support meaning that your responsibility to support your partner will stay in effect for the entire length of the support period.
For instance, the sponsorship will not be cancelled, even if:
- Your partner becomes a Canadian citizen.
- You become divorced, separated, or your relationship with your partner breaks down.
- Your partner moves to another province or country
- You have financial problems.
Eligibility to Become a Sponsor
You can only become a sponsor if you are:
- A Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident.
- At least 18 years old.
- Living in Canada:
– If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored partner becomes a permanent resident.
– You cannot sponsor someone if you are a permanent resident living outside Canada - Able to prove that you have enough income to provide basic needs for your partner and their dependent children.
Who Cannot Become a Sponsor
There are specific requirements and regulations when it comes to any immigration application. For the spousal sponsorship, there are certain restrictions to who can or cannot become a sponsor.
You cannot be a sponsor if you:
- Were sponsored by a partner or partner and you became a permanent resident less than 5 years ago.
- Sponsored a previous partner or partner and three years have not passed since this person became a permanent resident.
- Are in default of a previous sponsorship undertaking, an immigration loan, a performance bond or family support payments.
- Are still going through the process of bankruptcy (undischarged bankruptcy).
- Receive social assistance for a reason other than a disability.
- Were convicted of a violent or sexual offence, an offence that caused bodily harm to a relative or you attempted or threatened to commit any of these offences.
- Are in a penitentiary, jail, reformatory or prison.
- Are under a removal order.
- Have already applied to sponsor your current partner, partner or child and a decision on your application has not been made yet.
Eligibility for Conjugal Partner Sponsorship
In order to prove to the government of Canada that you are, in fact, in a conjugal partnership, there are many requirements that you must demonstrate. For instance:
- You must show an ongoing and genuine relationship for at least 1 year with a Canadian citizen or permanent resident living in Canada.
- You must have combined documents, to the extent possible, with their Canadian partner.
- You must show that cohabitation was not possible due to reasons outside of your control.
What Immigration Officers Look For
An immigration officer is the one to determine whether or not your conjugal sponsorship will be accepted or denied. The officer is required to analyze all of the circumstances of the case and come to a decision of whether, with support of the evidence, the relationship is one of some permanence, marriage-like, and one in which the couple has made a serious commitment to a shared life.
One of the biggest obstacles that the immigration officer will run into is the fact that a couple has chosen not to marry, of course taking into consideration the circumstances. The lack of cohabitation is usually due to immigration barriers. However, the couple usually indicates that they intend to marry in the future. Therefore, immigration officers are required to investigate whether the individuals, in fact, intend to marry one another once they are both in Canada. When the individuals state an intention to marry, the immigration officer will then question whether they have the level of commitment required to qualify as conjugal.
Sponsoring your Conjugal Partner – Contact Akrami & Associates
It is essential that you have met all of the aforementioned requirements before you attempt to apply for Conjugal Sponsorship. Sponsorship applications are difficult applications to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients reunite with their partners and they are now extremely happy living in Canada. If you believe that you may be eligible to sponsor your partner, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.
With Akrami & Associates, there is always a way!
