In order to determine whether your relationship qualifies as a conjugal relationship, you must assess whether you meet the eligibility requirements as per Immigration Canada. Many individuals in relationships may have misconceptions as to what a conjugal relationship entails and what is required to be in a conjugal relationship. It is extremely important to recognize and acknowledge what a conjugal relationship is defined as prior to applying for this type of family class sponsorship. Therefore, in this article, I will address what a conjugal relationship means, how to qualify as a conjugal relationship, and much more.
What is a Conjugal Relationship
According to Citizenship and Immigration Canada (CIC), a conjugal relationship is defined as a couple that have been in a marriage-like commitment for a minimum of one year; however, because of particular circumstances the couple could not live together in the same country. In these specific circumstances, the couple is not able to live together because of political reasons in the sponsored individual’s country or other significant reasons. These reasons are often uncontrollable and prevent the couple from being together. Similar to a common-law partnership, the couple must be together in a marriage-like commitment for 12 consecutive months (1 year).
To qualify as a conjugal relationship, you can be either in an opposite-sex relationship or a same-sex relationship. Both types of relationships are recognized by CIC.
How to Qualify as a Conjugal Relationship
Although, it has been mentioned previously, I will explain in detailed points the necessary requirements that you must abide by in order to successfully qualify as a conjugal relationship. Therefore, in order to qualify as a conjugal relationship, you must:
- Be in a marriage-like commitment with your partner continuously for at least 1 year
- Have not been able to live with your partner for legitimate reasons that are out of your control, such as immigration barriers, sexual orientation, etc.
Thus, if you meet all of the aforementioned requirements then you may qualify as a conjugal relationship. Furthermore, in order to prove your conjugal relationship, there are specific documents and information that you must provide to Immigration Canada. Essentially, these documents and information will prove the genuineness and realness of your relationship with your conjugal partner.
Documents Needed to Prove your Conjugal relationship
As aforementioned, there are documents and information that must be provided to Immigration in order to prove the genuineness of your relationship with your conjugal partner. Some of these documents are required and others are supporting documents to make your application much stronger. Therefore, if you can provide all of the following documentation to Immigration, then you will have higher chances of a successful conjugal sponsorship application.
The documents that will demonstrate the genuineness and validity of a conjugal relationship are:
- Records of any correspondence between the couple, such as e-mails, internet chats, mailed letters, etc.
- Gifts and/or gift receipts of any gifts given to one another
- Travel itineraries from trips taken together
- Any photos of the couple together at different points in their lives with friends and family
- Reference letters from friends and family that can prove the genuineness of the conjugal relationship
- Personal statements from the couple confirming their relationship and the hardships of not being able to live together
It is extremely important to note that these documents will essentially prove the genuineness of your relationship together and prove to Immigration that your relationship is, in fact, marriage-like, but will also prove that, in fact, this couple is not able to live together for legitimate reasons. This can be a very difficult endeavour to prove; however, it is essential to prove this to Immigration for the conjugal relationship to be valid. The more supporting documentation that you can provide that show the hardship and difficulties the couple has had to endure that has prevented them living together, the better the chances of a successful application. Additionally, you must also provide an explanation to the Immigration officer as to why you could not have gotten married and why you are currently in a conjugal relationship instead. The immigration officer will definitely probe to see why marriage wasn’t an option and you must show solid evidence to prove that it was not a viable option for the couple.
How Can I Sponsor my Conjugal Partner
If you have determined that you do qualify as a conjugal relationship and you would like to sponsor your conjugal partner to Canada as a permanent resident, it is essential to see whether the Canadian sponsor is eligible to sponsor in the first place. This is the first step to seeing whether you can sponsor your conjugal partner.
In order to be eligible to sponsor your conjugal partner to Canada, you must:
- Be at least 18 years of age or older
- Be a Canadian citizen, a registered Indian or a permanent resident of Canada
- Reside in Canada or provide evidence that you will intend on living in Canada should your partner gain permanent residency
- Be financially able to provide basic necessities for your conjugal partner
- Not be criminally inadmissible
- Sign an undertaking with your partner committing to be responsible for and support your partner with basic needs for their time in Canada
The moment you sign the undertaking to sponsor your conjugal partner is the moment where you commit to be financially responsible for them and their basic needs while in Canada. Keep in mind, this is a big commitment that brings many responsibilities and conditions. The basic needs that you must provide to your conjugal partner include health care, such as dental care and eye care. You may question why you would need to be responsible for their health care; however, they would not have access to the public health care system and thus this makes the Canadian sponsor responsible for these costs. Additionally, you must provide them with financial support in order for them not to rely on the Canadian government’s social assistance. If they receive any social assistance you are required to pay it all back to the Canadian government. Therefore, it is very important to understand all of the responsibilities and conditions that come with sponsoring your conjugal partner to Canada prior to applying.
Contact Akrami & Associates
It is essential that you have taken all of the aforementioned factors and information into consideration, if you intend on applying to sponsor your conjugal partner to Canada for permanent residency. If you want to apply for a conjugal sponsorship, it is extremely important to note that these are difficult applications to pursue on your own. It is highly recommended that you seek out professional and experienced help prior to submitting the application. Here, at Akrami & Associates, we work and have experience with many different immigration matters. We have helped many of our clients reunite permanently with their conjugal partners in Canada. If you believe that you may be eligible to apply for a conjugal sponsorship, 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 advice.
With Akrami & Associates, there is always a way!