Conjugal Sponsorship

Overview

The Conjugal Partner Sponsorship program is designed for partners of Canadian citizens or permanent residents who cannot get married or live together in a common-law relationship due to circumstances beyond their control. This program recognizes genuine relationships where traditional avenues for spousal or common-law sponsorship are inaccessible. It acknowledges the unique challenges faced by couples who are prevented from legal marriage or cohabitation by factors such as legal restrictions on marriage in their home country, immigration barriers, or other significant societal or religious impediments.

How it works

Under this program, a Canadian citizen or permanent resident (the sponsor) can sponsor their conjugal partner to become a permanent resident of Canada. The application process involves demonstrating the genuine nature of the relationship, proving that marriage or cohabitation was not an option, and meeting all eligibility criteria set by Immigration, Refugees and Citizenship Canada (IRCC). The sponsor must also demonstrate the financial capacity to support their sponsored partner upon their arrival in Canada, ensuring they will not be reliant on social assistance.

Who it's for

This program is specifically for individuals in a committed, conjugal relationship who have been unable to marry their partner or live with them in a common-law relationship for at least one year. It is crucial to understand that this is not an alternative for couples who simply prefer not to marry or live together. Instead, it is intended for those who face serious and demonstrable impediments to meeting the typical requirements for spousal or common-law sponsorship. Examples of such impediments include same-sex couples unable to marry in their home country, or couples where one partner cannot leave their country due to immigration restrictions to reside with the other.

To be eligible for the Conjugal Partner Sponsorship program, both the sponsor and the sponsored person must meet specific criteria:

• The Sponsor:

  • Must be a Canadian citizen or a permanent resident residing in Canada. If a Canadian citizen lives outside Canada, they must demonstrate an intent to reside in Canada once their conjugal partner becomes a permanent resident.
  • Must be at least 18 years old.
  • Must not be in prison, bankrupt, subject to a removal order, or charged with a serious criminal offense.
  • Must not have sponsored another spouse or partner within the last three years (Sponsorship Bar).
  • Must sign an undertaking to provide financial support for their conjugal partner for a period of three years, ensuring they will not need social assistance.
  • Must demonstrate sufficient income to meet the LICO (Low Income Cut-Off) if sponsoring a dependent child with the conjugal partner, though typically not required for just the conjugal partner.

• The Sponsored Conjugal Partner:

  • Must be at least 18 years old.
  • Must be in a genuine conjugal relationship with the sponsor for at least one year and have a significant degree of commitment, interdependence, and permanence, similar to a marriage or common-law relationship.
  • Must be unable to marry the sponsor or live with them in a common-law relationship due to significant legal and/or immigration barriers. These barriers must be well-documented and outside the control of the couple.
  • Must not be inadmissible to Canada for reasons such as criminality, misrepresentation, or serious health issues that would pose a danger to public health or safety, or cause excessive demand on health or social services.
  • Must pass medical, security, and background checks.

The inability to marry or cohabit is a critical component of this application. Applicants must provide compelling evidence that there were insurmountable obstacles preventing them from meeting the requirements of a spousal or common-law relationship.

• Sponsor's Documents:

  • Proof of Canadian citizenship (e.g., birth certificate, citizenship card) or permanent resident status (e.g., PR card, Confirmation of Permanent Residence).
  • Proof of residence in Canada (e.g., utility bills, driver's license, employment records).
  • Financial documents (e.g., income tax Option C printout, Notice of Assessment, employment letters, pay stubs) to demonstrate the ability to support the sponsored person.
  • Statutory Declaration of Conjugal Relationship (IMM 5409).
  • Marriage certificate(s) for any previous marriages (if applicable) and divorce certificates.

• Sponsored Conjugal Partner's Documents:

  • Completed application forms, including Generic Application Form for Canada (IMM 0008), Schedule A – Background/Declaration (IMM 5669), Additional Family Information (IMM 5406).
  • Copy of passport and travel documents.
  • National identity document.
  • Birth certificate.
  • Police certificates from all countries where the applicant has lived for six months or more since the age of 18.
  • Proof of relationship, including: communication records (emails, chat logs, phone records), photographs, evidence of joint financial support (if applicable), sworn affidavits from individuals with knowledge of the relationship, travel itineraries, and any other evidence demonstrating the genuine and committed nature of the conjugal relationship.
  • Detailed explanation and documentary evidence of the legal and immigration barriers preventing marriage or cohabitation.
  • Medical examination results from an IRCC-approved panel physician.

• Other Supporting Documents:

  • Proof of any previous marriages and divorce certificates for both the sponsor and the sponsored person.
  • Dependency documents for accompanying dependent children (e.g., birth certificates, consent forms from non-accompanying parents).

The Conjugal Partner Sponsorship application involves several key steps:

1. Preparation and Document Gathering: The sponsor and sponsored partner gather all necessary documents, including personal identification, proof of relationship, financial documents, and evidence of the impediments preventing marriage or cohabitation. This is often the most time-consuming step.
2. Complete Application Forms: Carefully complete all required IRCC application forms for both the sponsor and the principal applicant (the conjugal partner), and any accompanying dependent children. Ensure all forms are signed and dated correctly.
3. Pay Fees: Pay the applicable government processing fees online through the IRCC website. Print the receipt and include it with the application package.
4. Medical Examination and Police Certificates: The sponsored conjugal partner must undergo a medical examination by an IRCC-approved panel physician. They must also obtain police certificates from every country or territory where they have lived for six months or more since the age of 18.
5. Submit the Application: The complete application package, including all forms, supporting documents, fee receipts, medical examination confirmations, and police certificates, is mailed to the IRCC Case Processing Centre in Mississauga, Ontario.
6. Acknowledgement of Receipt (AOR): IRCC will review the application for completeness. If complete, an Acknowledgement of Receipt (AOR)letter will be issued, providing an application number.
7. Sponsor Eligibility Assessment: IRCC assesses the sponsor's eligibility to sponsor, including their financial capacity and past immigration history.
8. Applicant Eligibility Assessment: The sponsored conjugal partner's eligibility is assessed, which includes a review of their relationship genuineness and admissibility factors (medical, security, criminality).
9. Decision: If both the sponsor and the applicant are approved, IRCC will issue a Confirmation of Permanent Residence (COPR) to the sponsored conjugal partner. The partner will then be able to finalize their permanent resident status in Canada.

Dependent children of the sponsored conjugal partner can be included in the same application, provided they meet the definition of a dependent child under Canadian immigration law. This typically includes children who are under 22 years of age and do not have a spouse or common-law partner. Children 22 years or older who are unable to be financially self-supporting due to a physical or mental condition may also be included. Each dependent child will require their own forms, supporting documents, and will be subject to medical, security, and background checks. It is crucial to declare all dependent children in the application, even those not accompanying the principal applicant, to avoid future inadmissibility issues.

Upon approval of permanent residence through the Conjugal Partner Sponsorship program, the sponsored individual will become a permanent resident of Canada and will have the right to work for any employer in Canada without needing a separate work permit. They will also have the right to study and reside anywhere in Canada. While the application is in process, an open work permit may be available for inland spousal/common-law applicants. However, for conjugal partners, especially those applying from outside Canada, obtaining a work permit before landing as a permanent resident is generally not feasible through the sponsorship application itself. They would need to qualify for a work permit under a separate program or stream, if eligible.

The Conjugal Partner Sponsorship program is a direct pathway to Canadian permanent residence. Upon successful completion of the application process and approval by IRCC, the sponsored individual will be granted permanent resident status. This status allows them to live, work, and study anywhere in Canada indefinitely. After accumulating three years of physical presence in Canada as a permanent resident within a five-year period, eligible individuals may apply for Canadian citizenship. The permanent resident status granted through this program is not conditional, meaning there is no requirement to remain in the relationship for a specific period after landing.

• Lack of Genuine Relationship: Insufficient evidence to prove the relationship is genuine, ongoing, and committed. This is a primary reason for refusal.
• Failure to Prove Inability to Marry/Cohabit: Not providing adequate and verifiable evidence of the legal or immigration barriers that prevented marriage or cohabitation. Merely preferring not to marry or live together is not sufficient.
• Incomplete Application: Missing forms, signatures, or supporting documents can lead to the application being returned as incomplete or refused.
• Inadmissibility: The sponsored person being inadmissible to Canada due to criminality, serious health issues, financial misrepresentation, or other reasons.
• Sponsor Ineligibility: The sponsor not meeting the eligibility criteria, such as not being a Canadian citizen or permanent resident, having a previous sponsorship bar, or being in default of a previous sponsorship undertaking.
• Misrepresentation: Providing false information or concealing material facts in the application can lead to a refusal and a five-year ban from applying to Canada for any immigration program.