Who is a conjugal partner?
A conjugal partner is known as a foreign national that is living outside of Canada, and is in a relationship with a sponsor for a minimum of a year but is not able to live with the sponsor as a couple.
In this relationship you must be able to show and prove that there is a significant amount of attachment and a mutual connection. You should also be able to show proof that there are restrictions that have stopped you from living together or getting married before this time.
In order to be able to sponsor within the conjugal sponsorship class you must still qualify to sponsor you conjugal partner.
You are able to sponsor your conjugal partner under this class, if:
- If you relationship is legitimate – not just a physical relationship
- You two have been in a relationship for a minimum of 12 months – where marriage has not been a possibility due to barriers
- The person you are applying to sponsor has proof that they have completed the medical exam and it is added into your application
To qualify as a conjugal sponsor you must:
- Be 18 years or older
- Be a Canadian citizen, registered Indian or a permanent resident
- Sponsor in the family class
- Live in Canadaor be able to prove that you will be living in Canada (if you currently are not) once the person you are sponsoring becomes a permanent resident
- An agreement confirming that you and your conjugal partner understand the obligations and responsibilities
- Have the undertaking signed
What is an undertaking?
As a sponsor you have to sign a contract that is called an undertaking which is done through the Minister of Citizenship and Immigration. This is taken as a promise that you will not only provide financial support but also all of the basic requirements for your conjugal partner. The agreement to financially support your conjugal partner lasts for 3 years from the date that they become a Permanent Resident, but they also must agree to try and support themselves if given the opportunity. The undertaking is a crucial part of the application and it must be completed and signed.
You may not be able to be a sponsor if you:
- Have failed to meet a sponsorship requirements or agreements in the past
- Have failed to pay child support or alimonyeven if/when it was ordered by the court
- Receive any government financial help for any reasons other than a disability
- Have been found convicted of:
- A sexual natured offence
- A violent crime
- An offence against a relativethat ended up resulting in bodily harm or;
- An attempt or a threat to commit any offence
- Were sponsored as a spouse already (this counts for common-law partner and conjugal partner classes as well) and you have become a Permanent Resident less than 5 years ago
- Have not paid back an immigration loan – late payments and missed payments are counted under this too
- Are in prison or;
- Have declared bankruptcy and have yet to be released from it
What are some reasons you should not apply under the conjugal application?
You should not apply as a conjugal partner if:
- You could have lived together but you have chosen not to
- You can’t prove that you have a good reason that has stopped you from living together
- You are already engaged to be marriedIf this is the case you might want to apply in the spousal category once you’re married or under the common-law category if you have lived together for 12 months consecutively
If you have any concerns about your application, the fees or any general questions feel free to contact us as we have had the opportunity to help many others in the same position as you.
