Under Canadian immigration laws, there are several kinds of family relationships that are recognized and eligible for sponsorship. This is in keeping with the government’s policy to foster family reunification, maintain strong community ties and ensure that a humane approach is adopted while considering applications to settle permanently in Canada.
One of the sponsorships available under the Family Class immigration program is the Conjugal Sponsorship. This enables an eligible permanent resident or citizen of Canada to sponsor a foreign partner who is not married to him/her to immigrate to Canada.
What Is A Family?
The concept of “family” has undergone enormous, radical changes in the past few decades. Today, they no longer conform to the traditional image of parents and children living together under one roof. There is vast diversity in the modern family.
Single parents, adopted children, same sex couples, childless couples, multi-generational families, children from multiple marriages, relationships stemming from multiple partners, live-in/co-habitation/conjugal/common-law relationships,step-parents, half-siblings, extended members, persons who may not be related, but are considered to be part of the family, people you choose to call family – all these add to the color and mix of the modern definition.
Who Is A Conjugal Partner?
Two people in a marriage-like relationship, but not married to each other, and have not lived together for at least one full year due to certain unavoidable circumstances are considered to be in a conjugal relationship.
Conjugal partner category is a special one where a Canadian and a foreign partner are not able to live together in a married relationship or a common-law relationship due to situations beyond their control. This includes divorce laws of the country of origin, unsafe situation such as their country being at war or undergoing a war-like situation, religious persecution, sexual orientation etc. Common law partners who
were not able to live with the sponsor continuously for one year or spouses who face certain immigration barriers in each other’s country can also fall under the category of conjugal partners.
Immigration authorities look for certain defining characteristics to confirm that the partners are in a genuinely conjugal relationship and not one that has been undertaken for immigration purposes only. It should not be within the prohibited of degree of consanguinity. The minimum age for both partners is 18.
A conjugal relationship typically shows evidence of:
- some degree of permanence
- compelling barriers to continuous cohabitation
- the partners being interdependent physically, financially, socially and emotionally on each other
- having combined their child-rearing, residential, financial affairs to the maximum possible extent (joint ownership of property/possessions, beneficiaries of each other’s insurance policies etc)
- shared household responsibilities and residence
- having made a serious commitment of exclusivity to each other
- attachment, fidelity and affection apart from sexual relationship
- society, friends and family considering them as a couple
- no longer being in a cohabiting relationship with legally married spouse of either conjugal partner
There are eligibility conditions that have to be met by both partners. The sponsor has to give a Conjugal Sponsorship undertaking that assures that you will provide financial assistance to fulfill your conjugal partner’s (and dependent children’s) basic needs without seeking social assistance from the government.