Conjugal Sponsorship Eligibility?
Suppose you are a Canadian citizen or a Permanent Resident living in Canada and want your partner to live with you. However, you are unable to do so due to immigration barriers. Even before moving to Canada, your partner and you were unable to live together for barriers that were beyond either of your control and now as a result you do not come under spousal or common-law category. You may still be eligible to sponsor your partner if you qualify for a conjugal based relationship. Regardless of what category the spousal sponsorship is being applied for, the applicant the sponsor must both be at least 18 years of age.
What is a Conjugal Relationship?
A Conjugal Relationship is one where both partner were in a committed and attached relationship, not just physically but also emotionally, i.e.: both partners depend on each other on a deeper level. A conjugal relationship can only be verified if both partners, despite being in a genuine relationship, were not able to get married legally or live consensually for a period of at least one year due to barriers that constrained this possibility such as the laws of the land (some countries prohibit divorce, abortion, and same-sex marriages), and/or immigration barriers, or the country’s official faith and culture may not allow it. If the barrier did not exist, then the couple would be able to live together in a genuine relationship based on spousal or common-law relationship.
Do I need to provide Proof that my partner and I were in a Conjugal Relationship?
You and your partner must be able to prove that you were in a committed and interdependent relationship but were unable to cohabit for at least one year due to reasons beyond your control. You must also provide proof of the barrier that prevented you from living together.
Possible proof of committed relationship:
- Exchanging letters and gift cards on occasions such as birthdays, anniversaries, or special events
- Phone conversations on a daily frequent basis; this can be proved by providing phone receipts or bills that show you were in contact with your partner’s number on a regular basis.
- Buying a property together; you will have to show an official residential/property lease or mortgage payment that shows you and partner either as joint buyers or either one of you as a co-signer.
- Paying monthly remittances to one another
- Significant photos of various visits and travels together, as well as travel documents from those trips.
- Airline tickets, boarding passes, and travel itinerary
- Any joint finances such as a shared accounts, unions, trusts
- Joint use of public services such a joint fitness or gym membership
- Letters from friends and families that could indicate how long ago your relationship was established or letters that offer support
Proof of barrier that prevented consensual cohabitation;
- A copy of the legal document that prevents your partnership to be legally accepted, such as a transcript of the law that prevents divorce in the Philippines and often times re-marriage is a concern in countries such as Iran
- A letter explaining why your relationship was not culturally or legally accepted and as a result you and your partner could not live together
- Proof that either one of you could not meet each other due to immigration barriers
- Proof that the life of your partner or you were in danger if your relationship was made public or if you lived together
As for the rest, conjugal partners have the same criteria as for common-law partners, with the addition in a conjugal relation being that one partner must be in Canada as a citizen or Permanent resident and the other partner must be outside Canada; so the sponsor can only apply through the Family Class application
If both you and your partner are foreign national and one of you plans to apply for permanent residence to Canada, then it is crucial for that partner to indicate that he/she is in a common-law or conjugal based relationship prior to receiving his/her landing.
What is the Difference between Conjugal and Common-Law Relationship?
A common-law relationship is one where you and your partner were living together in a committed interdependent relationship for a period of at least one year and depended on each other physically and emotionally. A Conjugal Relationship is when your partner and you were unable to live together due to reasons that are beyond your control. These include immigration barriers, cultural unacceptability, or prohibiting laws so if these barriers did not exist then you would live as a common-law partners or able to get married.
Am I eligible to Sponsor my Conjugal Partner?
You may not be eligible to sponsor if you
- Are below 18 years of age
- Are not a Canadian citizen or Permanent Resident
- Got social assistance through a provincial welfare program; this shows you were unable to support yourself financially
- Did not pay child support or alimony when order by a Court to do so
- Were convicted of a violent crime or a crime of sexual nature
- Were convicted of a crime against a relative or family member that resulted in bodily harm
- Were sponsored by a spouse or common-law partner less and became a permanent resident of Canada less than 3 years ago
- Declared bankruptcy in the past or are currently involved in bankruptcy proceeding which have not been discharged
Is there any one I cannot sponsor?
- You cannot sponsor if you or the applicant is under the age of 18 regardless of what sponsor category you apply under
- You have live apart from your partner for at least one year
- You applied for permanent residence and did not mention the applicant in the application form
Contact Akrami & Associates for Conjugal Sponsorships
If you feel you do not meet the above requirements or will not have sufficient proof in order to prove you are conjugal partners, you can still apply based on humanitarian and compassionate grounds. However, there is no guarantee that your application will be accepted
Applying for spousal sponsorship through conjugal partner based relationship is often the most challenging process to fill in. you will have to find the right proof, documents, and forms in order to successfully prove that you are committed in a genuine relationship. We highly recommend you to seek the assistance of an immigration law firm such as Akrami and Associates in order to determine the best route to getting your partner here.
With Akrami & Associates there is always a way!!