FAQs: Conjugal Partner Applications
Conjugal sponsorship applications are somewhat unique and are aimed at assisting couples who experience hardship being together. For example, it is considered illegal in your home country to get married to your partner, or you and your partner have been separated by some extenuating situations beyond your control, such as war.
Can I sponsor my conjugal partner, who lives outside of Canada?
Yes, you can certainly sponsor your conjugal partner who resides with you in Canada. This is known as an inland Spousal Sponsorship application. There are a few things you should consider when deciding whether or not to submit an application from inside or outside of Canada. With respect to the inland application, this will allow your conjugal partner to remain in Canada until a decision is made on their Conjugal Partner Sponsorship application, regardless of their current status in Canada. However, it is highly recommended that when submitting an inland application, the applicant, your conjugal partner, remain in Canada for the duration of the application. Should they exit Canada before a decision is made on the application, citizenship and immigration, Canada may consider this application abandoned. If the application is abandoned, you’ll need to submit a brand application and wait new processing times.
Can I sponsor my conjugal partner, who lives outside of Canada?
Yes, you are able to sponsor your conjugal partner who lives outside of Canada. This is called an overseas sponsorship application. If you submit an application for overseas sponsorship, this means that your conjugal partner intends to reside outside of Canada until a decision is made on their application. If they come from a country which is visa exempt, they are still able to visit Canada on a temporary basis. If they come from a country where a visitor visa or tempers and visa is required to enter Canada, they will first need to obtain this document prior to entering Canada, regardless of having submitted an overseas sponsorship application. Obtaining temporary status while a permanent application is in process is, at times, difficult. In order to obtain a Temporary Resident Visa, you must demonstrate that your intentions are temporary in Canada; if you have already submitted a sponsorship application and are then attempting to acquire tempers and visa, an officer made determined that your intentions are not temporary and therefore may refuse the tempers and visa until a decision has been made on your sponsorship application.
Do I qualify as a sponsor?
In order to be eligible to sponsor, you must meet a few basic criteria:
- You and your sponsored conjugal partner must sign the sponsorship agreement that commits you to provide financial support for them if necessary
- You must provide financial support for your partner for three years from the date they become a permanent resident
- You must also provide financial support for a dependent child for ten years, or two of the job judge 25, whichever comes first
- You may not be eligible to be a sponsor if you:
- Fail to provide financial support on a previous sponsorship agreement
- Defaulting on a court-ordered support order, such as alimony or child support
- Receive government financial assistance for reasons other than a disability
- Were convicted of an offence of a sexual nature, of a violent criminal offence, an offence against a relative that results in bodily harm or attempts or threats to commit any such offences
- Were you previously sponsored yourself as a spouse, conjugal partner, or conjugal partner and became a permanent resident of Canada less than five years ago
- Defaulted on immigration law
- Are in prison
- Declare bankruptcy
- Determining whether or not you qualify as a sponsor is also at the discretion of an immigration officer reviewing the application.
How long does the process take?
Processing times for overseas sponsorship vary. If you’re submitting an inland sponsorship, this process can take up to approximately 24 months. If you submit an overseas sponsored application, processing times are determined by the visa office abroad that will be reviewing the application and running a decision. Each processing office has a different processing time, and you need to determine that based on your country of origin.
What documents will I need for a conjugal partner sponsorship?
You’ll need to provide documentation that demonstrates the genuineness of your relationship. This can be in the form of communication logs, gifts and receipts, proof of travel together, proof of time spent together, etc. Anything you can provide that demonstrates that you are in a valid and genuine relationship will strengthen your case. As well as proving the genuineness of your relationship, conjugal partners will also need to demonstrate the hardships they face at either resigning together as common-law partners or being legally married. Demonstrating this is not necessarily an easy task as you’ll have to prove real hardship, and this type of category is typically reserved for those who would otherwise be together, but because of outside forces beyond their control, they cannot.
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