Everyone has heard about spousal and common law partner sponsorship. But have you heard about Conjugal Partner Sponsorship?
Rita (not her true name), single and a permanent resident of Canada, met Peter, (imaginary as well) also single and a citizen of Thailand while on a business trip in the beautiful tropical country. Rita was to stay for 6 months. Skipping the details, the two fell in love and spent 5 months together under one roof juggling work while exploring culture, eating Phad Thai, sipping Chai, exploring culture and swimming in the crystal waters of Phuket.
They wanted to live together for good. But in reality, at some point, Rita knew she had to go home. Peter was willing to leave his job in Thailand and be with Rita in Canada. Marriage was not an easy option considering their differences in religion which they both respect.
Eventually, Rita flew back to Canada and the two have maintained a long distance relationship. It has been a year and a half since they’ve been together as a couple.
Question is, can Peter be sponsored by Rita? Cross out spousal sponsorship because they are not married and have difficulty on that sphere. Cross out common law partner sponsorship because that category requires two people, regardless of sexual orientation, to have cohabited for a minimum of one year and they’ve only spent 5 months together.
How then? The concept of Conjugal Partner may kick in.
To the Immigration Refugees and Protection Regulation (IRPR) of Canada 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.” In addition to that, they should be “in a committed and mutually interdependent relationship of some permanence and have combined their affairs to the extent possible.”
We must note however that an important factor considered in this family sponsorship category is the difficulty for two people to get married or to live together for various reasons such as immigration impediments and fear of persecution such as from religion or sexual orientation, among others.
Are you in that situation? Let us help you out. Feel free to book a free assessment with us at www.i-immigrate.com.
References:
Immigration, Refugees and Citizenship Canada (Date modified: 2019-08-20). Assessing conjugal relationships.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-conjugal.html. Accessed on 2021, October 12.
Immigration and Refugee Protection Regulations – SOR/2002-227 (Section 2)
https://laws-lois.justice.gc.ca/Search/Search.aspx?txtS3archA11=conjugal+relationship&txtT1tl3=%22Immigration+and+Refugee+Protection+Regulations%22&h1ts0n1y=0&ddC0nt3ntTyp3=Regulations. Accessed on 2021, October 12.
I-Immigrate Inc. Vice President
Regulated Canadian Immigration Consultant