A “conjugal partner” describes a relationship between two people who share a commitment similar to that of a married couple. However, they are not legally married and may not live in the same home. This differs from marriage and common-law relationships, where legal recognition or shared living arrangements are usually present. Often, significant obstacles prevent conjugal partners from marrying or living together.

The definition of a conjugal partner is important in legal and official processes, especially in immigration. Recognizing these relationships allows committed partners to be considered under certain rules, even if they cannot legally marry or live together. To determine if a conjugal partnership exists, authorities carefully review various aspects of the relationship to confirm its genuine and committed nature.

What is Conjugal Partner Sponsorship? 

Conjugal partner sponsorship, recognized by Immigration, Refugees, and Citizenship Canada (IRCC), is a distinct category within spousal sponsorship. It applies to couples in an exclusive, marriage-like relationship of at least 12 months who cannot legally marry or live together due to significant cultural, social, or legal barriers in their home country. 

Assessing Conjugal Relationships

When evaluating a conjugal partnership, authorities consider several key factors to determine the genuine nature of the relationship. 

• Mutual commitment to a long-term relationship.
• Sexual behavior and commitment to each other.
• Provision of emotional support.
• Exclusivity (not being in another conjugal relationship).
• Provision of financial and economic support.
• Having or caring for children together.

Who Qualifies as a Conjugal Partner?

To qualify as a conjugal partner, the sponsored individual must be at least 18 years old and in an exclusive relationship of at least 12 months with a Canadian citizen or permanent resident. This sponsorship stream acknowledges that some couples encounter significant obstacles that prevent them from marrying or living together. It, therefore, enables the sponsorship of individuals in genuine, long-term relationships who, due to these obstacles, cannot meet the requirements for spousal or common-law status. This provision allows committed couples facing legitimate barriers to build their lives together in Canada under immigration regulations.

How Do You Prove a Conjugal Relationship for Spousal Sponsorship?

Of the three relationship categories recognized by IRCC for spousal sponsorship, the conjugal partner category is often the most challenging to prove. Applicants must submit similar documentation to that required of spouses and common-law partners, including evidence of a genuine relationship, such as proof of shared finances, support letters, photographs, and travel records.

Critically, conjugal partner sponsorship applications must also include documentation demonstrating significant barriers to legal marriage and cohabitation. These barriers must extend beyond financial or employment considerations and should be rooted in legal, social, cultural, or religious constraints.

Acceptable documentation may include affidavits from family and friends, copies of local marriage laws, and reports detailing the cultural and social conditions in the applicant’s country of residence.

Common Reasons for Sponsorship in the Conjugal Partner Category

The conjugal partner category addresses specific circumstances where couples face obstacles to traditional sponsorship routes. Two common scenarios include:

• Relationships in Countries with Non-Recognition of Same-Sex Partnerships: In nations where same-sex marriage is not legal, couples may be unable to marry. Furthermore, they might encounter severe cultural barriers or safety concerns that prevent cohabitation, precluding them from establishing a common-law relationship. Conjugal partner sponsorship offers a pathway, assuming the couple can demonstrate a genuine relationship in all other aspects.
• Situations Where Divorce Is Not Possible: Some countries have laws restricting or prohibiting divorce. For example, in certain regions, individuals legally separated from a previous spouse may remain legally married, making them ineligible for spousal sponsorship by a new partner in Canada. Conjugal partner sponsorship in Canada can be a solution when the applicant cannot legally remarry and barriers exist that prevent the couple from living together to establish a common-law relationship.

What Is The Difference Between Common-Law Partners And Conjugal Partners?

Many often wonder what the differences are between common-law and conjugal partners because, at the end of the day, both are relationships that are not legally bound through marriage. So, to simplify things:

A common-law partner is:

• Not married to you (legally)
• Is 18 years of age or older
• Can be of any gender
• Has been living with you for at least 12 months consecutively. To simplify this:

A. You have been living together for 12 months. If you have spent time apart, it must be short.
B. You or your partner left home only for:

• Short business or work trips
• Temporary family situations

C. If you did spend some time apart, it was:

• Short
• Temporary

*If one partner chooses to end this relationship, the government considers the partnership over.

Whereas, a conjugal partner is someone who:

• Lives outside of Canada
• In a relationship with a said partner for at least 12 months
• Has not been able to live with the sponsor because of reasons that are beyond their control. For example, immigration barriers, sexual orientation, or religious reasons.
  

The person you sponsor as a conjugal partner must NOT be living in Canada.

The distinction between common-law and conjugal partnerships lies primarily in the ability to cohabit. While common-law partners have lived together continuously for at least a year, conjugal partners are unable to do so due to significant barriers. 

Conjugal Partner Sponsorship in Canada requires detailed documentation to prove the authenticity and depth of the conjugal relationship despite the lack of cohabitation. It’s imperative to provide evidence such as continuous communication records, shared financial responsibilities, and plans for a future together. Understanding these differences ensures that conjugal partners in Canada choose the correct category, enhancing the likelihood of a successful sponsorship.

Conjugal-Partner Sponsorship:

If you wish to sponsor your conjugal partner in Canada, you must ensure that your partner:

• Lives outside of Canada
• Has been in a relationship with you for at least 12 months
• And you have an attachment towards each other that is not just physical but also in the form of an interdependent relationship
• The reason for you and your partner not living together as a couple is beyond your control. This can be because of religious reasons, immigration problems, or because of your and your partner’s sexual orientation.

Initiating a Conjugal Partner Sponsorship in Canada involves a meticulous process. The sponsor must demonstrate the genuineness of the conjugal relationship. The inability to cohabit must be clearly justified, with documentation supporting the barriers faced, like visa denials or legal restrictions in the partner’s country. 

Engaging with immigration professionals can provide guidance on compiling a comprehensive application, ensuring that all aspects of the conjugal partnership are adequately represented. To learn more about conjugal partner sponsorship in Canada, contact us today.

How much does it cost to sponsor your spouse or partner?

Here’s a breakdown of the fees associated with sponsoring a conjugal partner:

Fees	In Canadian dollars
Sponsorship Fee	$85
Principal applicant processing fee	$545
Right of Permanent Residence Fee	$575
Biometrics (fingerprints and photo)	$85
Total	$1,290

Important Notes:

• If you are sponsoring your spouse or partner and they have dependent children, there will be an additional charge of $150 for each child included in the application.
• If the sponsor resides in Quebec or intends to reside in Quebec once permanent residence is granted, a supplementary fee of $289 CAD will also apply.

How Does The IRCC Determine That A Conjugal Relationship Exists Between Two People?

To determine the relationship between ‘conjugal partners,’ the IRCC considers different factors. These factors include:

• Mutual commitment towards each other’s lives
• A long-term relationship which is intended to be permanent
• Exclusive relationships – either of the partners should not be in a different conjugal relationship
• Depending on each other for support in terms of physical, social, emotional, and financial aspects
• Being sexually exclusive with each other
• Being regarded as couples wherever they go and presenting each other as life partners
• Bearing children or taking care of them together.

Once the IRCC has considered the factors above, it will be able to best assist and recognize a relationship as conjugal.

The IRCC evaluates a conjugal relationship comprehensively, focusing on the depth and exclusivity of the partnership. Conjugal partners in Canada are encouraged to provide various supporting documents to illustrate the ongoing nature of the relationship. 

The presence of shared responsibilities, like co-parenting or joint ownership of assets, further substantiates the claim. It’s crucial to present a narrative that covers the journey of the conjugal partnership, highlighting the challenges faced and the resilience of the bond. This holistic approach helps IRCC understand the unique circumstances that define each conjugal partner in Canada.

Sponsoring A Fiancé:

Conjugal partners and their sponsorship is based on evidence and a living relationship that is not legally binding. So, if you are engaged to somebody and want to sponsor your conjugal partner in Canada, your relationship will not fall under the conjugal category. According to the IRCC, a relationship is considered conjugal because the relationship is already marriage-like. For that, they look for different factors that can serve as evidence, such as a shared life together, legal possessions under both of their names, owning properties, and more. For example, if you have named each other as beneficiaries in insurance policies or simple bank work. Situations like this make it very easy for a couple to pass as a conjugal relationship in the books of the IRCC. Moreover, the conjugal category was specifically introduced for people who could not legally marry or live together. Hence, it cannot be used for a fiancé. Canadian law has strict policies to determine genuine couples for this category.

Additional Documents That Could Be Required:

When you’re trying to characterize your relationship as a conjugal partnership, you will not show evidence that can help simplify the reason why you have not been able to get married, live together, or qualify for a common-law partnership. This may require you to present additional documents as evidence to justify your situation.

If you find yourself running around in circles and spiraling as you try to figure out how to proceed with your application, immigration lawyers in Toronto, such as those from Chaudhary Law, can help you build a solid case. Our sponsorship lawyers can easily help you through a conjugal partner sponsorship application. Book your consultation today!

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