What is Conjugal Partner Sponsorship?
A conjugal partnership is a relationship between two people who are in a marriage-like relation but are not married and cannot live together due to circumstances beyond their control, To qualify for a conjugal partner sponsorship application the relationship should have been for at least one year before submission of conjugal partner sponsorship. This category is for those who do not qualify under the spousal sponsorship class or common-law partnership description. A conjugal partner is someone with whom you have a sexual or physical partnership, but the sexual or physical relationship is not the only qualifying criteria, several other factors can play a vital role in defining a conjugal relationship. You can only qualify under this category if you have not been able to live with your partner due to circumstances beyond you and your partner’s control. The IRCC has considered the conjugal partnership as an exceptional category applicable only in special cases thus you will not be considered for a conjugal partnership if you and your partner could have qualified as a common-law union. Hence a conjugal partner is:
- A person living outside of Canada.
- A person in a conjugal relationship for at least a year and cannot live with the sponsor as a couple due to reasons such as immigration, sexual orientation, religious reasons, etc.
Assessing Conjugal Relationships
The Supreme Court asses conjugal partnerships based on the following factors:
- Mutual commitment to each other is conducive to a long-term relationship.
- Their existing sexual behavior and commitment to each other.
- Partners provide emotional support to one another.
- Partners should be not being in another conjugal relationship.
- The partners are providing each other with financial and economic support.
- The partners have children or are taking care of them together.
Sponsor a Conjugal Partner
A conjugal partnership is not represented by a legal document rather the passage of one year of the relationship. The couple may have cohabited together for some time and then been compelled to live apart due to circumstances beyond their control. So, it is not a matter of choice to live away from each other but rather than a matter of compulsion. If the couple able to live together and are now living away from each other as per their will they may not be able to apply under the conjugal partner sponsorship route. The conjugal couple just has not to show their sexual preferences but have to present thorough documentation showing evidence such as joint ownership, insurance policies, joint decision making, joint financial support such as shared income insinuating a co-dependent relationship similar to marriage. A conjugal partner can be sponsored if:
- There is evidence of a mutually interdependent relationship showing legitimate intimacy and attachment between both partners.
- You have been in a legitimate relationship for the past 12 months but were unable to cohabit due to genuine barriers such as religious reasons, sexual orientation, cultural differences, etc.
If you meet the aforementioned criteria you may be able to apply for sponsoring a conjugal partner to Canada.
Is a girlfriend or a boyfriend be a conjugal partner?
Conjugal partnerships can be for both opposite-sex and same-sex couples. It is perfectly normal to apply for a girlfriend's or boyfriend's sponsorship application under the conjugal partner sponsorship program but as the conjugal route is introduced as a special route for those couples (regardless of their sexual preferences) who cannot live together for situations or circumstances beyond their control. If we further stretch the definition of beyond control it is a very strict definition. for example, if one partner is a Canadian Citizen or a Permanent Resident of Canada and the other partner is not able to come and live with the first partner to Canada they may not able to apply for the conjugal partner sponsorship application as they first partner may go and live with the other partner in his/her country of residence. The couple has to demonstrate that they cannot live together as if they start living together there may be a threat to their life due to certain restrictions culturally or socially or there may be a fear of persecution to them or the couple may be penalized by authorities or community.
What is the difference between Spouse, Common-Law Partner, and Conjugal Partner?
Spouses are married couples who legally married to each other in the country of their residence or where the marriage took place. If the marriage took place outside of Canada, the marriage is considered legal by the IRCC only if it is considered legal in the country where the marriage has occurred. Spouses can be both opposite-sex and same-sex couples.
In a common-law relationship, two people regardless of their genders live together to form a marriage-like relationship without been getting married. To qualify for the common-law sponsorship as per the guidelines by the IRCC, the couple has to live together for a continuous period of at least one year before applying to the common law sponsorship program. The couple has to demonstrate financial, social, physical, and emotional dependency like married couples.
Conjugal partners are someone who is in a relationship for at least a year with someone and on whom they are dependent for all their financial, social, physical, and economic needs just like a common-law partner but they must be living apart, not by choice but rather due to situation beyond their control.
Requirements for Conjugal partner sponsorship.
The applicant intends to immigrate as a conjugal partner must provide ample evidence of prevailing conjugal relationship with the sponsor for one year at least proving an existing mutually interdependent relationship. Both partners must be able to provide evidence on their inability to cohabit due to compelling barriers. This is regardless of their intention to marry, however, shows a legitimate objective to stay together.
Inability to reside together due to persecution or penal control.
Conjugal relationships which are prevented from cohabiting due to threats of persecution or any other penal control may be considered as a common-law partnership to be sponsored as a conjugal partner. Persecution refers to the ability of the government to punish relationships such as homosexuals, gays, lesbians by law, and prevent such individuals from finding employment, shelter, and respect to their rights. Persecution also ostracizes them socially. Penal control prevents such individuals from living together as it is considered illegal by the law.
Applicant married to another person.
Partners who are married to another person but have been separated for the past year and are aiming for divorce but have cohabited with a conjugal partner may be considered applicable. The partners must have physically separated from their spouse and would be inapplicable if they are still in an intimate relationship with their former spouse. Thus, it is imperative for a genuine separation with a former spouse regardless of whether the person has known his/her present conjugal partner. The officers must be convinced of a separation or else additional evidence such as the following must be provided:
- A separation agreement.
- A signed declaration of the annulment of the marriage and that the person is now in a conjugal relationship.
- Documents showing that the legally married spouse will be withdrawn from mutual insurance policies and beneficiaries.
- A court order stating the future of the children regarding custody and alimony.
Forbidden Conjugal Relationships.
Conjugal Relationships must show similar characteristics to marriage and common-law relationships. The conjugal relationships must show legality such as no consanguinity and follow the prohibited degrees in Marriage. The legal age for conjugal partnerships is 18.
Relationship no longer exists
The relationship no longer exists, and the sponsor wants to sponsor a previously separated spouse. A separated spouse who is a non-accompanying family member cannot be sponsored by the spouse in Canada even if the spouse’s conjugal relationship has ended.
Excluded relationships are:
- In which the conjugal partner is below 18 years.
- Which are polygamous and bigamous.
- Based on intentions to achieve status and lacks legitimacy.
- When the sponsor and applicant have been separated for the past year.
- Where the applicant was a non-accompanying family member of the sponsor at the time of applying.
Conjugal Sponsorship Undertaking
When sponsoring a conjugal partner, you must sign an undertaking with the Minister of Citizenship and Immigration ensuring to provide financial support and health care to the partner and dependent children. The undertaking is proof that the partner will not have to apply for social assistance.
You do not need to wait any longer for you and your conjugal partner to be together, call us today and we will help you ASAP!