Conjugal Sponsorship

To be eligible to sponsor a partner, you must meet all of the following requirements. You must be:

• 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 Sponsor their Conjugal Partner to Canada?

• Sponsored a spouse or partner and three years has not passed since this person became a permanent resident. Since you signed an undertaking as the sponsor, you must complete your three year term before sponsoring someone else
• Were sponsored by a partner or partner became a permanent resident less than 5 years ago
• Sponsored someone and that person went on social assistance while the undertaking was in place. You must pay the government back of any social assistance that was received to be able to sponsor future partner
• Are in default on an immigration loan or a performance bond
• Owe child support or did not pay court-ordered alimony
• 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

How can I qualify under Conjugal Sponsorship?

To be eligible as a conjugal partner there are specific conditions you must meet. You must be able to provide evidence that one of these conditions applies to your situation in order to qualify.

• You have maintained a conjugal relationship for at least 1 year
• You and your partner have been prevented from getting married or living together because of:
• An immigration barrier
• Your current marital status (e.g. you are currently married to someone else and living in a country where divorce is not an option)
• Your sexual orientation- Evidence can be provided to show an impediment to living together (e.g. evidence of refused long-term stays in each other’s countries)

If the immigration officer finds that your relationship is not that genuine, then he can deny your application based on those merits. Therefore it is important to prove the genuineness of your relationship throughout your application.

Genuineness can be things like how you guys met, where you met, who proposed, where did the relationship go, how did it get to where it is today, where you plan to take the relationship, how you are maintaining close communication, etc.

When You Do Not Qualify as Conjugal Partners

There are certain situations where relationship will not qualify as conjugal because of certain circumstances. Conjugal relationship is for those people who aren’t able to get married or live together but can still qualify as partners and sponsor one another so they can be united.

You should not apply as a conjugal partner if:

• You could have lived together but chose not too
• You are unable to provide proof that here was an impediment that kept you two from living together, or
• You are engaged to be married to each other

If you cannot provide evidence that, an impediment that had prevented you two from living together, then you cannot apply as a conjugal relationship because you cannot prove it.

If you could have lived together but choose not to, then you would not qualify, as a conjugal relationship either because that shows that you do not have the same level of commitment required of a conjugal relationship. Example is that some people will not give up a job or a course of study to be with their partner.

This shows that you guys are not at the proper commitment level you’re supposed to be for a conjugal relationship. If you are engaged to be married then you cannot apply for conjugal because you can wait until you two are married or you can apply under common-law union if you have been living together for at least 12 months.

What are Responsibilities a Sponsor would have to their Conjugal Partner?

The Canadian government allows citizens and permanent residents of Canada to sponsor members of their family class, but a large burden follows that responsibility. When you agree to be a conjugal sponsor, many responsibilities are instantaneously trusted upon you. That is why you must sign a contract called an undertaking with the Minister of Citizenship and Immigration. The undertaking is a promise you make to provide financial support for your partner’s basic requirements and those of his or her dependent children.

As a conjugal sponsor you are required to provide financial requirements for all of these basic needs:

• Food
• Clothing
• Utilities
• Personal Requirements
• Shelter
• Fuel and
• Household Supplies

This also includes any other health care required that is not provided by Canada’s public health plan, such as eye and dental. The undertaking helps ensure that none of the persons with their family members that are coming to Canada has to apply for social assistance.

When do my obligations start when sponsoring my conjugal partner?

Your obligation as a sponsor begins as soon as the person you are sponsoring and their family arrive into Canada. Your obligation varies in length according to the age of the family members coming into Canada and their relationship to you.

It is very important to note that this undertaking is seen to be an unconditional promise of support to everyone you have sponsored. There is no breaking of the undertaking regardless of divorce, separation, relationship breakdown, moving to another province or the sponsored being granted their Canadian citizenship. The undertaking will still be intact and will remain in effect even if your financial situation deteriorates.

The sponsored must be at least eighteen years old to be sponsored as a conjugal partner. They must have been in a genuine relationship lasting at least twelve months, marriage and cohabitation were not possible, and there is a significant degree of attachment. This attachment must be more than just a physical relationship but a mutually inter-dependant relationship.

Responsibilities after Sponsorship is Approved

If there are any changes to your family status after your sponsorship was approved you have an obligation to tell the government about it. If there are any changes to your family such as:

• Marriage
• Divorce
• Births
• Deaths or
• Any other important information

If you move, you are also obligated to inform CIC immediately of that as well. As well as if you change any of your contact information, you must inform CIC right away so they know how to reach you.

To get started, contact

416-477-2545

to schedule a consultation