Sponsoring a conjugal partner to Canada is a complex immigration process that allows Canadian citizens or permanent residents to bring their foreign partners to Canada under the family sponsorship program. This category is specifically designed for couples who are unable to live together due to circumstances beyond their control, such as legal or immigration barriers. Understanding the processing time, eligibility criteria, and the steps involved can help applicants navigate this process smoothly.
Where Can You Apply for a Conjugal Partner Sponsorship?
The conjugal partner sponsorship application is processed through Immigration, Refugees, and Citizenship Canada (IRCC). Applicants must submit their applications online or via a visa office in their home country if applying from outside Canada. Unlike the common-law or spousal sponsorship categories, the conjugal partner category requires substantial proof that the relationship is genuine and that legal, religious, or social constraints have prevented the couple from living together.
Advantages of Sponsoring a Conjugal Partner in Canada
Sponsoring a conjugal partner has several advantages, including:
- Pathway to Permanent Residency: Once approved, the sponsored partner receives permanent resident (PR) status, allowing them to live, work, and study in Canada.
- Family Reunification: This program helps couples who cannot cohabit due to extraordinary circumstances to reunite and build a life together in Canada.
- Access to Healthcare and Benefits: After obtaining PR status, the sponsored partner gains access to Canada’s healthcare system and social benefits.
- Future Citizenship Eligibility: After fulfilling residency requirements, the sponsored partner can apply for Canadian citizenship.
Steps to Sponsor a Conjugal Partner to Canada
The process of sponsoring a conjugal partner involves several steps:
1. Determine Eligibility
Before applying, the sponsor must ensure they meet the eligibility criteria:
- Be a Canadian citizen or a permanent resident.
- Be at least 18 years old.
- Be financially capable of supporting their partner.
- Have proof of a genuine relationship with the conjugal partner.
The conjugal partner must also meet eligibility criteria, including passing medical and security checks.
2. Gather Supporting Documents
To demonstrate the legitimacy of the relationship, applicants must submit:
- Proof of continuous relationship for at least one year.
- Evidence of emotional, financial, and social interdependence.
- Documents explaining why they cannot live together or marry (e.g., cultural, legal, or religious barriers).
3. Complete the Application Package
The application package includes:
- Sponsorship forms.
- Permanent residence application forms.
- Relationship proof (photos, messages, joint financial documents, affidavits from family/friends).
4. Submit the Application and Pay Fees
Once all forms and documents are prepared, applicants must:
- Pay the processing fees online.
- Submit the application electronically or by mail.
5. Undergo Background and Medical Checks
The sponsored partner must undergo:
- A medical exam from an IRCC-approved physician.
- Security and background checks.
6. Wait for Processing and Decision
Processing times vary, but on average, it takes 12 to 24 months for a final decision. Additional time may be required if IRCC requests further documents or interviews.
Types of Sponsorship for Conjugal Partners
1. Outland Sponsorship
- The applicant applies from outside Canada.
- Processed through a visa office in the applicant’s country of residence.
- Allows the applicant to travel in and out of Canada while waiting for approval.
2. Inland Sponsorship (Not Applicable to Conjugal Partners)
- Only available for spouses and common-law partners who are already in Canada.
- Conjugal partners must apply under Outland Sponsorship.
Conclusion
Sponsoring a conjugal partner to Canada is a detailed process requiring thorough documentation and patience. Since processing times range between 12 to 24 months, applicants should plan accordingly and ensure they meet all requirements before submitting their application. Understanding the steps involved, gathering sufficient proof of relationship, and complying with IRCC regulations can increase the chances of approval.
FAQ
How long does it take to process a conjugal partner sponsorship application?
The processing time typically ranges from 12 to 24 months, depending on the applicant’s country and the complexity of the case.
Can my conjugal partner visit me in Canada while the application is in process?
Yes, they can apply for a visitor visa, but approval is not guaranteed. IRCC may refuse the visa if they believe the applicant may not leave Canada if the sponsorship is denied.
What happens if my sponsorship application is denied?
You can appeal the decision through the Immigration Appeal Division (IAD) if you are a Canadian citizen or permanent resident. Alternatively, you may reapply with stronger supporting documents.
Do I need a lawyer for the application process?
While not mandatory, hiring an immigration lawyer or consultant can help ensure that all documents are correctly prepared, reducing the risk of delays or refusal.
What if my relationship ends before the application is approved?
If the relationship ends before final approval, the sponsorship application is automatically withdrawn, and the process stops.
Can I sponsor my conjugal partner if we have lived together before?
No. If you have cohabited for at least 12 months, you may need to apply under common-law sponsorship instead.
How long does the conjugal partner sponsorship process take?
Processing times vary, but it typically takes 12 to 24 months.
What happens if my sponsorship application is denied?
If your application is refused, you may appeal the decision or reapply with stronger evidence supporting your relationship.
Can my conjugal partner work in Canada while waiting for approval?
No. The conjugal partner sponsorship is an outside Canada application, meaning the partner cannot apply for a work permit until they receive permanent residence.
Do we need to prove financial support?
Yes. Evidence of financial dependency, joint expenses, and monetary transactions between partners strengthens the application.
Can my conjugal partner bring their children to Canada?
Yes, if they have dependent children, they can be included in the sponsorship application.
Is a conjugal partnership the same as a common-law relationship?
No. A common-law relationship requires the couple to have lived together for at least one year, whereas conjugal partners have not lived together due to serious barriers.
