Conjugal Sponsorships in Canada
As a cross-border immigration lawyer based in Windsor, Ontario, Christina Loebach helps couples who live on opposite sides of the Canada-United States border reunite and live together. In some circumstances, these couples are unable to marry or live together, and they want to know what options they might have for family sponsorship. This blog post considers the conjugal sponsorship class in Canadian immigration, which is sometimes a great fit for these situations.
What is a Conjugal Partner?
Per section 2 of the Immigration and Refugee Protection Regulations, a conjugal partner means, in relation to a sponsor, a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year. Canadian citizens and permanent residents can sponsor their conjugal partner if there is a significant degree of attachment between the two partners, implying not just a physical relationship but a mutually interdependent relationship, and they’ve been in a real relationship for at least 12 months.
The term “conjugal relationship” is not defined in the Immigration and Refugee Protection Act or Regulations. In M v. H, [1992] 2 S.C.R. 3, the Supreme Court of Canada adopted 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 (e.g. fidelity, commitment, feelings towards each other), services (e.g. conduct and habit with respect to the sharing of household chores), 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.
There is no legal requirement that there must be some sort of impediment to marriage or cohabitation to meet the definition of conjugal partners. Once in Canada, however, it is expected that partners will convert their ongoing conjugal partnership to a common-law partnership (i.e. cohabit for one year or longer) or marry.
Per the IRCC’s Policy Manual on Conjugal Relationships, applicants who are married to third parties may be considered conjugal partners provided their marriage has broken down and they have lived separately and apart from their spouse for at least one year. A conjugal relationship cannot be established if one or both parties maintain an intimate relationship with their legal spouse. The reviewing officer must be satisfied that they are separated from and no longer cohabit with their legal spouse.
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.