Conjugal Partners and Canadian Family Sponsorship

What is a Conjugal Partner?

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 12 months. A conjugal relationship is one of some permanence, where individuals are financially, socially, emotionally and physically interdependent, where they share household and related responsibilities, and where they have made a serious commitment to one another.

Traditionally, this sponsorship category was considered “exceptional” and was meant for couples who could not meet the requirements for marriage or common-law status due to reasons beyond their control, such as immigration barriers, cultural differences, legal reasons, or religious customs that prevented cohabitation or marriage. 

In July 2022, IRCC removed the requirement for conjugal couples to have to prove an impediment to cohabitation. 

How IRCC Assesses Conjugal Relationships

Immigration, Refugees, and Citizenship Canada (IRCC) uses several factors to determine if a conjugal relationship exists, as outlined by the Supreme Court of Canada in M. v. H., [1999] 2 SCR 3:

• Shared shelter (e.g. sleeping arrangements)
• 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 (e.g. their attitude and conduct as a couple in the community and with their families)
• Economic support (e.g. financial arrangements, ownership of property)
• Children (e.g. attitude and conduct concerning children)
• Societal perception of the two as a couple.

When these factors are considered together, they should indicate that there is a significant commitment and mutual interdependence in a monogamous relationship of some permanence, similar to that of a married couple.

Final Thoughts

Canada’s immigration system recognizes that not all relationships fit neatly into the categories of marriage or common-law partnership. The conjugal partner category allows couples facing extraordinary circumstances to sponsor their loved ones and begin a life together in Canada. 

If you believe you and your partner qualify for conjugal partner sponsorship, schedule a Strategy Session with one of our immigration lawyers to help you navigate the process and present the strongest case possible.