Spousal Sponsorship Conjugal Sponsorship Conjugal

Conjugal Sponsorship

Being separated from your loved one is always difficult. When circumstances are beyond your control, you can often feel helpless, not sure of what can be done. Conjugal Sponsorship takes into account that you cannot always control your circumstances. For those who are kept apart for reasons or circumstances beyond their ability to control, Conjugal Sponsorship may be for you.

Citizenship and Immigration Canada understands that not every country is accepting of people’s differences. If you are separated from your loved one for reasons like political sanction, war, religion or immigration bars, Conjugal Sponsorship can help you overcome these difficulties so that you can be united with your loved one in Canada.

Conjugal Sponsorship

The First step to any sponsorship application is ensuring that you are eligible to sponsor. In order to qualify as a sponsor, you must:

  • Be at least 18 years of age;
  • Be a Canadian Citizen or Permanent Resident;
  • Agree to provide financial support to the person they are sponsoring;

To be eligible for Conjugal Sponsorship, you will need to demonstrate that the relationship is a genuine one and that you would otherwise be in a married or common law relationship if not for reasons beyond your control.

Characteristics of a Conjugal relationship include:

When people think of Conjugal relationships, a physical relationship comes to mind. However, this is not the case when it comes to Immigration. A Conjugal relationship is one that is essentially being in a committed married like relationship, except for the fact that the couple is unable to wed for reasons beyond their control.

Living Together
  • It will be apparent there was a Conjugal partnership if the couple lived together. However, some factors to consider regarding shared shelter include sleeping arrangements and exclusivity of the shared accommodations.
Intimacy
  • In order to display sexual and personal conduct, the Conjugal partnership may confirm whether; any sexual relationship was present, an emotional attachment to one another existed and a willingness to be in attendance for a special occasion or tragic event.
Services
  • This includes the distribution of day-to-day routine events; preparation of meals, laundry, grocery shopping and household chores.
Social activities
  • The interaction between the couple around others is important. Participation as a Conjugal couple within social and family events will demonstrate an effort to build bonds and network with others.
Economic support
  • The Conjugal partnership may have entered into joint contracts regarding loan agreements, property ownership and bank accounts. The more financial contributions made to each other, the more likely a Conjugal partnership is present.
Children
  • There must be a shared responsibility for children, if present in the Conjugal relationship.
Perception
  • The individuals can provide evidence that the relationship has been declared to government bodies or public institutions. Their Conjugal relationship is recognized amongst others close to them; parents, family members, relatives, friends. They have travelled together and joined in extracurricular activities.
Mutual Dependence
  • A Conjugal relationship cannot exist amongst more than two people, therefore you can not be simultaneously in more than one relationship. Proof of commitment requires the same assessment as in marriages.

Assessing a Conjugal Relationship

If you, as a foreign national, are in a relationship with a Canadian Citizen or Permanent Resident that is not a marriage or Common-law relationship, and you want to come to Canada to live with your partner, not to worry. You may classify as being in a Conjugal relationship.

When determining whether you are in a Conjugal relationship, there are several factors you can consider. Some of these factors are the following:

  • Mutual commitment to a shared life at the exclusion of all other conjugal relationships
  • Interdependence
  • Joint finances
  • Joint memberships or organizations
  • Shared values
  • In depth knowledge of each other’s circumstances
  • Joint decision making with consequences for one partner affecting the other
  • Intention for a long-term relationship
  • Physical support, for example, when one partner is ill
  • Length of the time the relationship existed
  • Efforts have been made to live in the same country

What You will Need

The conjugal Sponsorship Category is not meant to undercut the immigration system, nor is it for those who do not qualify for spousal or common law sponsorship alone. There must be a real, unavoidable deterrent that is beyond your control in order to qualify.

Being separated by distance and not being able to get time off work is not a suitable enough reason. Conjugal Sponsorship comes into effect when two people are separated by reasons like:

  • Religious upheaval;
  • Immigration bars;
  • War;
  • Disaster;
  • Political Turmoil; etc.

How We Can Help

If you intend on sponsoring a Conjugal Partner, you need to be able to first demonstrate the genuineness of the relationship and two, your failed attempts to be together. For example, if you are unable to travel to a country because your life would be in danger and your partner is unable to get status in Canada, than this may be a suitable claim for conjugal partnership.

We will assist you:

  • Draft the necessary forms;
  • Draft appropriate supporting documentation demonstrating the difficulties you and your partner are facing;
  • Assist you with gathering important documentation that attests to the genuineness of your relationship;
  • Compile the strongest possible case as per your unique situation;
  • Prepare you for your for any interview should one be requested;
  • Follow up with Citizenship and Immigration Canada on your matter to ensure the fastest possible processing time; and
  • Of course, be with you every step of the way.

For more information on Conjugal Sponsorship, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.,

Your Fiancée Is Not A Conjugal Partner

Written by Immigration Lawyer on September 12 2014

Canada’s immigration system recognizes the importance of family. In this regard, Citizenship and Immigration Canada has established ways for you, a Canadian Citizen or Permanent Resident, to reunite with your family members if for some reason you are currently not living together. If your foreign partner is a member of the Family class, you meet the requirements of a Sponsor, and they meet the requirements of a Sponsored Person, you may be eligible to Sponsor your foreign partner under a Sponsorship application.

As a Canadian Citizen or Permanent Resident of Canada you have the right to Sponsor your foreign Spouse, Common-law Partner or Conjugal Partner if you meet the requirements of the Sponsorship class. However, it is important to note that you and your foreign partner must meet the definition of Spouse, Common-law Partner or Conjugal Partner. If your foreign partner is your fiancée you may think that they automatically qualify as a Conjugal partner. However, this is not the case.

If you and your foreign partner are engaged that does not necessarily mean that you are Conjugal Partners and can therefore apply under the family class for Sponsorship. The reason for this is because Citizenship and Immigration Canada has decided not take the role of assessing future relationships or assessing two people who intend to enter into and maintain a Conjugal relationship. In fact, there is no category for fiancées in the Immigration and Refugee Protection Act or Regulation. If you and your foreign national fiancée want to apply under the Spousal Sponsorship category, you must first get married. The both of you must be married before you begin your Sponsorship application. In other words, your foreign national partner must be married to you, as a Canadian Citizen or Permanent Resident of Canada and then apply to come to Canada.

In most cases, if you and your foreign partner are engaged that means you have an intention to get married, you are not yet married. This means you both intend to establish a Conjugal relationship. Most often, you have not yet entered into a Conjugal relationship in such situations. Being engaged means you intend to eventually combine your affairs and live in the same household becoming mutually interdependent. Even if you are in a sexual relationship with your foreign national fiancée, this does not mean you have reached a level of mutual interdependence that is required to be considered a Conjugal relationship even if you intend to do so in the near future when you get married.

In short, the main reason you and your fiancée would not be considered Conjugal partners is because usually traditional fiancées have not established the level of mutual interdependence and they have not merged their affairs together in a way that would classify them as Conjugal partners for the purposes of immigration.

However, not to worry. If you are trying to have your foreign partner fiancée come to Canada, there are options you can possibly pursue.

At Akrami & Associates, our team of legal professionals are dedicated to finding a solution for your case no matter how difficult it may seem. We will consider the unique circumstances of your case and compile a strong application that will give you the best chance for successful results.

Assessing a Conjugal Relationship

Written by Immigration Lawyer on September 12 2014

Relationships are diverse. Not all relationships are the same, and every two people have the own unique relationship. Canada’s immigration system and its policies and procedures reflect the diversity in society and in relationships. Not everyone in a relationship wants to get married. This may not be a path they want to pursue. Many individuals are in happy, functional relationships that are not a marriage, but are still committed, lasting relationships. Examples of such relationships are common-law relationships and conjugal relationships.

If you are a Foreign National partner of a Canadian Citizen or Permanent Resident, and you do not qualify as a Common-Law partner, than you may qualify as Conjugal Partners. If you and your Canadian partner have not been to live together continuously for one year, you will not qualify as Common-Law partners. However, if your relationship is similar in nature to a married couple or a Common-Law couple, then you may be considered Conjugal Partners. This will be the case if you and your Canadian partner have been in a bona fide Conjugal relationship for a period of at least one year. The Conjugal category, in other words, is for couples who for one reason or another cannot meet the requirements of a marriage or Common-Law relationship.

Conjugal Partner Sponsorship

If you, as a foreign national, are in a relationship with a Canadian Citizen or Permanent Resident that is not a marriage or Common-law relationship, and you want to come to Canada to live with your partner, not to worry. You may classify as being in a Conjugal relationship.

When determining whether you are in a Conjugal relationship, there are several factors you can consider. Some of these factors are the following:

  • Mutual commitment to a shared life at the exclusion of all other conjugal relationships
  • Interdependence
  • Joint finances
  • Joint memberships or organizations
  • Shared values
  • In depth knowledge of each other’s circumstances
  • Joint decision making with consequences for one partner affecting the other
  • Intention for a long-term relationship
  • Physical support, for example, when one partner is ill
  • Length of the time the relationship existed
  • Efforts have been made to live in the same country

The above are just some of the factors that you should consider when assessing whether you are in a bona fide Conjugal relationship. Keep in mind, the final determination of whether you qualify as Conjugal partners lays in the hands of the Citizenship and Immigration Canada immigration officer. The immigration officer will use the factors indicated above, as well as other factors, to determine whether you are in a Conjugal relationship, and as a result, whether your Canadian Citizen or Permanent Resident partner can sponsor you to live in Canada. Therefore, it is important that you provide compelling proof that your relationship is Conjugal in nature.

At Akrami & Associates, we have the legal skills and expertise to put together a Sponsorship application for Conjugal partners. We will ensure that you submit the strongest case possible.

How to Sponsor a Conjugal Partner?

Written by Immigration Lawyer on September 11 2014

To apply as a partner, you must remain in a relationship with your partner for a minimum of one year, similar to the requirements for a Common Law Relationship. You must also prove you could not cohabitate or marry due to reasons beyond your control.

It is important to note that not all non-marital relationships are Conjugal in nature. You should not apply as a partner if:

  • you chose not to live together
  • there was not extenuating circumstance that kept you from living together
  • you are engaged to be married

A conditional period is required if the relationship was not present for a minimum of two years. The conditional period lasts for two years after the date your Conjugal Partner becomes a permanent resident.

To qualify as a sponsor, you must:

  • be 18 years of age or older
  • be a Canadian citizen or permanent resident
  • sponsor a member of a family class
  • currently live in Canada or live in Canada once the person you sponsor becomes a permanent resident
  • sign a mutual agreement and undertaking

Gather the Right Documents

  • Depending on your country of origin, you will require specific documentation.
  • Require a police clearance certificate for each county you have lived for six (6) consecutive months or longer since the age of 18. An original certificate is required.
  • A medication examination for all applicants is required
  • Aside from this you will also require proof to demonstrate the reason why you have been unable to be married or cohabitate together and qualify for the other mainstream sponsorship types
  • In addition, you will need to also demonstrate the genuineness of your relationship

The Conjugal sponsorship category does not exist for a means to undercut the immigration system but instead to facilitate and take into account all the relationships that may exist. Canada has based much of its immigration system on the reunification of families and seeks to do so whenever possible, if you meet the proper qualifications, naturally.

Being separated from a loved one is difficult enough, especially if you have had to suffer through the anxiety of separation. Let Forward Immigration help you. Contact us to find out how Forward Immigration can help you achieve your goals in Canada.