Genuineness of a Relationship

Spousal Sponsorship Genuineness

In assessing the eligibility for permanent residence of a spouse or common-law partner, officers must ensure that relationships between the sponsor and spouse or common-law partner and their relationships with dependent children are genuine. In ensuring that marriages or common-law partnerships are genuine, officers must consider the factors or elements that constitute a conjugal relationship. In addition, they must also consider factors that constitute a parent/child relationship and the issue of dependency between dependent children and the applicant and/or sponsor.

Conjugal Relationship

In assessing applications in Canada by spouses and common-law partners, officers must be satisfied that a conjugal relationship exists. The word “conjugal” indicates:

  • A significant degree of attachment, both physical and emotional,
  • An exclusive relationship,
  • A mutual and continuing commitment to a shared life together,
  • Emotional and financial interdependency.


Applicants must provide evidence of the marriage. A marriage that took place outside Canada must be legal in the country where it took place and be in accordance with Canadian federal law.

It may be necessary to consult the visa office responsible for the country to understand the requirements for legal marriage in their region of responsibility. The visa office may also have information regarding the marital status of the person at the time of the application for a temporary resident visa.

Divorce or Annulment of a Previous Marriage

Officers may need to confirm the legality of a foreign divorce or annulment with the appropriate visa office. Divorce is illegal in some countries.

Common-Law Partners

The sponsor and common-law partner must be living together in a conjugal relationship and must have cohabited for at least one year

Sponsor or Common-Law Partners Still Married to Someone Else

Persons who are married to third parties may be considered common-law partners provided their marriage has broken down and they have cohabited in a conjugal relationship with the common-law partner for at least one year.  Cohabitation with a common-law partner must have started after a physical separation from the spouse. Evidence of separation from the spouse may include:

  • A separation agreement,
  • A signed formal declaration that the marriage has ended and that the person has entered into a common-law relationship,
  • A court order regarding custody of children,
  • Documents removing the legally married spouse(s) from insurance policies or wills as beneficiaries.

In this situation, the legal spouse of the principal applicant cannot subsequently be sponsored as a member of the family class.

Contact Akrami & Associates Immigration Law firm


For further information with respect to your Canadian immigration, we invite you to contact our experienced immigration representatives. 

Latest Immigrations News

  • December 2, 2013

    Responsibilities for Sponsor and Applicant

    For all sponsorship applications, sponsors must: Ensure that they meet sponsorship criteria and eligibility requirements and are sponsoring a relative that is a member of the spouse or common-law partner in Canada class, Complete the undertaking and the sponsorship agreement, Respond to the self-declaration schedules related to sponsorship [...]

  • December 2, 2013

    Family Class Sponsorship Co-Signing a Sponsorship

    Co-signers Co-Signing a Sponsorship The spouse or common-law partner of the sponsor may co-sign an undertaking to help meet income requirements by pooling resources; however, common-law relationships must have met common-law requirements prior to co-signing . Other family members may not co-sign. Co-signers should not co- sign when [...]

  • December 1, 2013

    Spousal Sponsorship and Personal Statement

    Personal Statement A personal statement is not a mandatory requirement for a sponsorship application but it goes a long way to support the genuineness of your application. Things you might want to consider in a personal statement are: Relationships that Began Online: What website did you use to [...]

Consultation icon

Book a Conslutation

One of our Representatives will
assist you with your matter. Book Now!
Click here

Call us icon

Call us for
more Information

Toll Free: 1-877-820-7121
Click here

Write Us (Online Form)

Complete our form and one of our
Representatives will contact you.
Click here

Akrami & Associates logo element small

Subscribe To Our Newsletter

Akrami & Associates logo element

There is always a way