Spousal Sponsorship - Which Relationships are Eligible?
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 the different types of relationships that are eligible for Canadian spousal sponsorship.
Who is eligible for Canadian spousal sponsorship?
Canada’s spousal sponsorship program is available to a spouse, common-law partner, or a conjugal partner of a Canadian citizen, permanent resident, or Indian under the Canadian Indian Act. Spouses are two people in a marriage that is legally recognized in the country where it took place, as well as in Canada. Clients commonly ask whether or not they must get married inside of Canada order to apply for spousal sponsorship. The answer is that you do not have to get married in Canada in order to do the spousal sponsorship process. In fact, given the significant delays people are seeing with getting Ontario marriage certificates issued, sometimes it might make more sense to get married in Michigan or a neighbouring state. Regardless, there is one exception to the rule allowing marriages outside of Canada. Marriages performed outside of Canada where one or both persons weren’t physically present at the ceremony are NOT recognized. This means that if you had a COVID-19 wedding via webcam, or using a proxy - your partner won’t qualify as your legal spouse.
Common-law Partner vs. Conjugal Partner
What’s the difference between a common law and a conjugal partner?
Common law partners are persons who have been living in a conjugal relationship with another person continuously for at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people. To qualify as common-law partners, you will need to submit proof that you share the same home, support each other financially and emotionally, have children together, if applicable, and present yourselves in public as a couple. You’re considered to be common-law once you’ve lived together for at least one year. If the year hasn’t passed yet, you’re still just dating and you aren’t yet eligible for spousal sponsorship.
A conjugal partner means a person who is living outside of Canada and who has been in a conjugal relationship with the sponsor for at least one year. For many years, Canadian immigration officers took a firm position that there had to be an impediment to cohabitation to qualify. Typically, this was an immigration impediment or some other type of serious barrier, like sexual orientation. The Canadian government very recently changed this policy in the operational bulletins to remove this “impediment to cohabitation” requirement.
I want to emphasize that the principal applicant must be living outside of Canada to apply for spousal sponsorship as a conjugal partner. If the principal applicant lives inside of Canada, they will have to meet the definition of spouse or common-law partner.
Options for Engaged Couples
What if you’re engaged to your partner, but not married yet? Canada does not have a fiancée category for engaged couples, like the U.S. does. However, in most cases engaged couples will qualify for spousal sponsorship via the common-law or conjugal partner categories. In some cases, it will be more beneficial if you wait to apply until after you are legally married, particularly if you don’t think you can prove that you cohabited for at least a year.
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.