Sponsoring your Boyfriend or Girlfriend for Permanent Residence
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. Couples who are still in the dating phase are often unclear about how sponsorship may apply to their specific situation, if at all. This blog post considers the different sponsorship pathways that are available in Canada, and how they may be utilized by couples.
Sponsorship in Canada
Canadian citizens or permanent residents may sponsor their spouse, common-law partner, or conjugal partner. Therefore, applicants must meet the definition of spouse, common-law partner, or conjugal partner in order to successfully apply for permanent residence:
“Spouse” - two people in a marriage that is legally recognized in the country where it took place, as well as in Canada.
“Common-Law Partner” - persons who have been living in a conjugal relationship with another person continuously for at least one year.
“Conjugal Partner” - 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. IRCC looks to see 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.
Here are some tips to help determine which category you may fall into:
If you have lived together for less than one year, common-law sponsorship is not yet an option. You will need to wait until you have lived together continuously for one year. Note that the period of cohabitation must be continuous, i.e. no gaps.
If you have been dating for less than one year, conjugal sponsorship is also not an option.
If you are both living in Canada, conjugal sponsorship is not an option. You will need to either get married or reside together as common-law partners for at least one year.
If you have never lived together, you may still qualify as conjugal partners. It all depends on your supporting documentation. IRCC will assess the following factors, and you will need to provide evidence to support at least some of them: 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.
If you are legally married to someone else, that doesn’t mean you won’t qualify as common-law or conjugal partners. However, your relationships cannot overlap, meaning the one-year clock does not begin to tick until after you separated from your spouse.
You do not have to prove that there is an impediment to living together or getting married in order to apply as conjugal partners. However, IRCC does expect that if the sponsorship is approved, the couple will live together as common-law partners or spouses.
In some situations, it may make more sense to get married rather than to apply as conjugal partners. From an immigration perspective, it depends on whether the supporting documentation can clearly demonstrate your conjugal relationship.
Processing times are roughly the same for spousal, common-law, and conjugal sponsorships. Processing times are mostly impacted based on whether you are applying through the Spouse or Common-Law Partner in Canada class (inland) versus Family Class (outland).
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.