Parrainage du partenaire conjugal

Conjugal Partner Sponsorship is a Family Class pathway for certain couples who have been in a genuine, committed and mutually interdependent relationship for at least one year but have been unable to marry or live together continuously because of significant circumstances beyond their control.

This category is considerably narrower than spousal or common-law sponsorship. It is not intended as an alternative simply because a couple prefers not to marry or has not yet completed 12 months of cohabitation. The circumstances preventing marriage or cohabitation must be genuine and supported by the facts of the relationship.

Anka Canada Immigration Consulting assists couples with assessing whether the conjugal partner category may apply, reviewing relationship history and barriers to marriage or cohabitation, and preparing the Family Class permanent residence application.

Services are provided by Volkan Sacilik, RCIC-IRB, CICC Licence No. R1042981.

​​

Who May Qualify as a Conjugal Partner?

For sponsorship purposes, a conjugal partner generally must:

• be at least 18 years old;

• live outside Canada;

• not be legally married to the sponsor;

• not qualify as the sponsor’s common-law partner;

• have been in an exclusive and mutually interdependent relationship with the sponsor for at least one year;

• be in a genuine relationship that was not entered into primarily for immigration purposes; and

• not be inadmissible to Canada.

IRCC describes a conjugal relationship as involving a significant degree of commitment and interdependence, including emotional, physical, financial and social aspects of the couple’s lives

​​​

Why Must the Couple Be Unable to Marry or Live Together?

The defining feature of this category is that the couple has been unable to establish a marriage or common-law relationship because of circumstances beyond their control.

Depending on the individual case, relevant barriers may involve:

• immigration restrictions;

• legal restrictions affecting marriage or divorce;

• religious or cultural circumstances;

• persecution or serious social consequences;

• restrictions relating to sexual orientation; or

• other substantial barriers preventing the couple from marrying or living together.

IRCC specifically requires evidence of the obstacles or restrictions that have prevented the couple from marrying or establishing common-law cohabitation.

Simply living in different countries, maintaining a long-distance relationship or deciding not to marry is not, by itself, enough to establish the conjugal partner category.

​

Conjugal Partner, Common-Law Partner or Spouse?

The correct sponsorship category depends on the couple’s actual circumstances.

If the couple is legally married, Spousal Sponsorship will generally be the appropriate category.

If the couple has lived together in a conjugal relationship for at least 12 consecutive months, Common-Law Partner Sponsorship will generally apply.

Conjugal Partner Sponsorship is intended for the more limited situation where the couple has a genuine relationship of at least one year but significant barriers have prevented both marriage and the cohabitation required to become common-law partners.

Learn more: Spousal Sponsorship →

Learn more: Common-Law Partner Sponsorship →

​​​

Conjugal Partner Applications Are Family Class Applications

A conjugal partner must be living outside Canada and must be sponsored under the Family Class.

Unlike spousal and common-law sponsorship, there is no Spouse or Common-Law Partner in Canada Class option for a conjugal partner. IRCC expressly states that a person living in Canada cannot be sponsored as a conjugal partner.

This distinction should be considered before an application is prepared, particularly where the couple’s living arrangements or immigration circumstances have recently changed.

​​

Proving the Relationship and the Barriers

A conjugal partner application normally needs to establish two important points:

The relationship is genuine and sufficiently committed, and

there are genuine barriers that have prevented the couple from marrying or living together as common-law partners.

Depending on the circumstances, evidence may relate to:

• the history and development of the relationship;

• communication and time spent together;

• visits and travel;

• financial or other mutual support;

• involvement with each other’s families;

• future plans;

• efforts to live together or marry; and

• documentary evidence explaining the barriers that prevented those options.

The evidence should reflect the couple’s actual circumstances rather than simply attempting to reproduce the type of documentation normally seen in a married or cohabiting relationship.

​​

Sponsor Eligibility and Financial Undertaking

The sponsor must meet the general family sponsorship requirements, including being at least 18 and being an eligible Canadian citizen, permanent resident or person registered under the Indian Act.

As with spousal and common-law sponsorship, there is generally no minimum necessary income requirement for sponsoring a conjugal partner, although limited exceptions can apply depending on accompanying dependants.

Outside Quebec, the sponsorship undertaking for a conjugal partner generally lasts for three years from the date the sponsored partner becomes a permanent resident. The obligation continues even if the relationship later ends.

​

Common Issues in Conjugal Partner Sponsorship Applications

Applications can become more complicated when:

• the couple could realistically marry but has chosen not to;

• the couple could have lived together but has not established common-law status;

• the claimed barriers are not clearly explained or documented;

• the relationship history does not demonstrate the required level of commitment and interdependence;

• important dates or relationship information are inconsistent;

• previous marriages or relationships create unresolved legal issues;

• previous immigration applications contain different relationship information.

Because the conjugal partner category is relatively narrow, determining whether it actually applies should generally come before assembling the permanent residence application.

​​

How Anka Canada Immigration Consulting Can Assist

Anka can review the couple’s relationship history, immigration circumstances, previous attempts to marry or live together and the barriers relied upon to determine whether Conjugal Partner Sponsorship may be appropriate.

Where retained, we can also review and organize the relationship evidence, prepare the sponsorship and permanent residence documentation and provide representative submissions explaining the relationship and the circumstances that prevented marriage or common-law cohabitation.

The objective is to ensure that both the genuine relationship and the circumstances supporting use of the conjugal partner category are clearly and consistently presented.​

​​

Important Information

Conjugal Partner Sponsorship is a specific Family Class category and does not apply simply because a couple is unmarried or living apart. Eligibility depends on the couple’s individual circumstances and the immigration rules in force when the application is submitted.

This page provides general information only and does not guarantee sponsorship eligibility or permanent residence approval.