A Canadian citizen or permanent resident can sponsor a foreign partner for immigration without being married. If not in a common-law relationship, they may qualify as “conjugal partners” if they meet IRCC criteria. Canada recognizes two types of unmarried relationships for sponsorship: common-law partners, who have lived together for at least one year in a conjugal relationship, and conjugal partners. If legally married, the sponsor can sponsor their spouse.
Conjugal partner relationship in Canada:
A conjugal partner relationship in Canada is recognized when two people are in a marriage-like relationship but are not married and have been unable to live together for at least one year due to extenuating circumstances beyond their control. This category is intended for couples who cannot marry or cohabit for a year to qualify as spouses or common-law partners, and it requires demonstrating more than just a physical relationship, including emotional and financial interdependence. The inability to live together must be due to reasons beyond their control, not a voluntary choice.
Determination of a conjugal relationship for sponsorship purposes:
Several factors to determine if a conjugal relationship qualifies for sponsorship. These include:
- Mutual commitment to sharing each other’s life.
- Sexual exclusivity and commitment to each other.
- Dependence on each other for physical, emotional, social, and financial support.
- A permanent and long-term relationship.
- Ensuring neither partner is in another conjugal relationship.
- Whether the partners have children together or jointly take care of children.
- Recognition by others as a couple and presenting each other as permanent partners.
Valid reasons for the couple not able to live together – Factors beyond their control:
When couples encounter exceptional circumstances for example:
- Immigration Barriers: One partner may face restrictions entering the other’s country due to immigration laws.
- Legal Barriers: Certain countries may legally prohibit unmarried couples from residing together.
- Sexual Orientation: In regions where same-sex relationships are criminalized, couples may find it impossible to live together due to legal restrictions.
- Religious Reasons: Cultural or religious beliefs may forbid cohabitation before marriage, posing challenges for couples.
FAQs
Can you sponsor a fiancé to Canada under the conjugal partner category?
No, typically, the conjugal partner category isn't for fiancés. It requires evidence of a shared life or joint ownership of property. Naming each other as beneficiaries in insurance policies can help. This category is for couples facing exceptional circumstances preventing marriage or cohabitation, not as a fiancé visa.
Can a Canadian citizen sponsor a foreign partner if they are not married?
Yes, they can. Canadian citizens or permanent residents can sponsor their foreign partners under the category of "conjugal partners" if the relationship meets IRCC's criteria. The recognized relationship types for sponsorship are common-law partnerships and conjugal relationships.
Can you sponsor a fiancé to Canada under the conjugal partner category?
No, typically, the conjugal partner category isn't for fiancés. It requires evidence of a shared life or joint ownership of property. Naming each other as beneficiaries in insurance policies can help. This category is for couples facing exceptional circumstances preventing marriage or cohabitation, not as a fiancé visa.
What is the difference between common-law relationships and conjugal partner relationships regarding cohabitation requirements?
Common-law relationships necessitate at least one year of living together, whereas conjugal partner relationships don't have this requirement. However, for a conjugal relationship to qualify, it must have endured for at least one year.
Are there any eligibility differences for sponsorship between common-law relationships and conjugal partner relationships?
Yes, couples who could have lived together and qualified as common-law partners but chose not to are ineligible for sponsorship under the conjugal partner category.
How do common-law partners and conjugal partners differ in providing proof of their relationship?
Common-law partners typically provide evidence of shared residency, such as joint rental agreements or property ownership. In contrast, conjugal partners may need to provide additional proof demonstrating the authenticity and conjugal nature of their relationship.
What additional documents may be needed to prove a conjugal partnership for sponsorship?
Documentation may include explanations for not living together, evidence of shared responsibilities like joint financial accounts, communication records, affidavits affirming the relationship's genuineness, and proof of naming each other as beneficiaries on legal documents.
What is the eligibility or other conditions applicable to the sponsor?
Please refer to the FAQs sections of spousal sponsorship or common-law partner sponsorship.
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