Canadian Family Sponsorship without Marriage
As a cross-border immigration lawyer based in Windsor, Ontario, Christina Loebach helps couples who live on opposite sides of the Windsor-Detroit border reunite and live together. This blog post considers a commonly asked question: can you sponsor your partner for Canadian permanent residence if you aren’t married?
The answer is yes, you can - provided you meet the definition of either common law or conjugal partners. These are two separate streams, and therefore are handled as two separate programs for purposes of submitting an application.
Common-Law Partnership
For purposes of sponsorship, a common-law partnership requires that you have been living with your partner, or previously lived together, for at least 12 consecutive months in a marriage-like relationship. This means that you don’t necessarily have to be currently living together to apply under this category. You can apply to sponsor your common-law partner from either outside of Canada, or inside of Canada.
Be prepared to provide proof that demonstrates you lived together for the one-year period, and that you are in a marriage-like relationship. Evidence that IRCC expects to see in the application includes proof of the same address - for example, bills and government documents issued to the same address - lease agreements, proof of joint bills and bank accounts, and other relationship bona fides.
Conjugal Partnerships
On the other hand, a conjugal partner is a person who is living outside of Canada, and who is in a conjugal relationship with the sponsor for at least one year. The term “conjugal relationship” is not defined in the Immigration and Refugee Protection Regulations, meaning we must turn to case law instead. In M. v. H., [1999] 2 S.C.R. 3, the Supreme Court of Canada identified a list of factors that must be considered when trying to identify a conjugal relationship. These factors can include shared shelter, sexual and personal behaviour, services, social activities, economic support, children, and societal perception of the two as a couple. These elements may be present in varying degrees and not all are necessary for the relationship to be found to be conjugal. Ultimately, the key is proving that there is a committed and mutually interdependent relationship between the applicant and the sponsor. Successful submission of a conjugal sponsorship application hinges on the evidence you can present to prove these factors.
Especially in the Windsor-Detroit area, it’s common for Canadians and Americans to fall in love and get married. Christina Loebach is licensed to practice law in both Canada and the United States, and loves working with clients who are considering sponsorship on both sides of the border. If you would like Christina to provide legal advice tailored to your situation, please schedule a consultation.