A conjugal relationship is a type of partnership recognized by Canadian immigration authorities where two individuals have a committed and exclusive romantic and emotional relationship.
Unlike a marriage or common-law partnership, in a conjugal relationship, the couple may not have lived together for a minimum duration due to various reasons, such as legal restrictions or geographical barriers.
Eligibility for a Conjugal Applicant
To be eligible as a conjugal applicant, individuals must meet certain criteria, including:
- Requirements for the Applicant:The applicant must be at least 18 years old at the time of application.
- Staying outside Canada:The applicant must currently reside outside Canada.
- Reasons for not living together for 12 months:The applicant and their conjugal partner must demonstrate valid reasons for not having lived together for at least 12 months.
- This could include travel restrictions, legal barriers, or other compelling circumstances that prevented them from cohabiting.
How to Sponsor Your Conjugal Partner
If someone wants to sponsor their conjugal partner to Canada, they need to follow these steps:
Necessary Documents And Forms
Gather all the necessary documents and complete the required forms for the sponsorship application. These documents typically include identification, proof of relationship, financial information, and other supporting evidence.
Government Fees For Sponsorship
Pay the applicable government fees for the sponsorship application, which can include processing fees, Right of Permanent Residence Fee (RPRF), and biometrics fees if required.
Submission Process to the Central Intake Office (CIO)
Submit the complete sponsorship application package to the Central Intake Office (CIO) in Sydney, Nova Scotia, either by mail or courier.
Review and Approval Process
The CIO officer will review the sponsorship application to ensure it is complete and meets the necessary requirements.
Medical Examination Requirements
In some cases, the applicant or their dependents may be required to undergo a medical examination to ensure they meet health and safety standards for immigration.
Additional Documents And Interviews
The Visa Office responsible for the applicant’s country may request additional documents or schedule interviews with the applicant or sponsor as part of the assessment process.
Applicant’s approval and permanent residency
If the sponsorship application is approved, the applicant can travel to Canada and become a permanent resident.
Advantages of the Conjugal Method
Migrating to Canada through a conjugal relationship offers several advantages, including:
- Cost-effectiveness:Compared to other immigration pathways, migrating through a conjugal relationship can be more cost-effective.
- Permanent Residency benefits:As a permanent resident, the individual can live, work, and study in Canada indefinitely.
- Freedom to work in any job: Permanent residents are not restricted to specific types of employment, providing flexibility in career choices.
- Access to social benefits and healthcare:Permanent residents are eligible for various social benefits and public healthcare services in Canada.
- Lower tuition fees for education: Permanent residents often enjoy lower tuition fees for educational programs in Canada compared to international students.
- Pathway to Canadian citizenship: After living in Canada as a permanent resident for a certain period, individuals may become eligible to apply for Canadian citizenship, granting additional rights and privileges.
Disadvantages of Migrating through a Conjugal Relationship
While migrating to Canada through a conjugal relationship can have its advantages, there are also some notable disadvantages:
Time-consuming Immigration Process
The immigration process for conjugal partners can be lengthy and complex.
Applicants are required to provide extensive documentation and undergo interviews and assessments.
Delays in processing times can occur, leading to a prolonged waiting period before receiving approval and permanent residency.
Legal Consequences Of False Claims
Falsely claiming a conjugal relationship for immigration purposes can have severe legal consequences.
Misrepresentation or providing false information in the application can lead to the application being refused, and individuals may be subject to immigration penalties.
It is crucial to be honest and provide accurate information throughout the process.
FAQs
Can I migrate to Canada through marriage if I am not married but have a conjugal relationship?
Yes, you can migrate to Canada through a conjugal relationship even if you are not legally married to your partner.
The Canadian common law recognizes conjugal relationships where couples have been romantically and emotionally involved for at least a year, meet the requirements of a conjugal relationship, and are committed to each other.
It is essential to demonstrate that you have a genuine and committed relationship, even if you have not lived together in the same country.
What are the qualifying factors for a conjugal relationship in Canada?
The Canadian Supreme Court considers several factors to determine if a couple has a conjugal relationship.
These factors include being committed to each other for a long time, having sexual relationships and being faithful, supporting each other emotionally, not being in another relationship, assisting each other with financial matters, and having children together or taking care of them together.
What are the disadvantages of migrating to Canada through a conjugal relationship?
The main disadvantages of migrating to Canada through a conjugal relationship are the time-consuming immigration process and the legal consequences of false claims.
The process involves meeting specific criteria, completing paperwork, and undergoing interviews and assessments.
False claims or misrepresentation can result in the application being refused and may lead to immigration penalties.
Conclusion
Migrating to Canada through a conjugal relationship can be a viable option for individuals who have a genuine and committed partnership with a Canadian resident or citizen.
It offers advantages such as cost-effectiveness, permanent residency benefits, and access to various social benefits and opportunities.
However, applicants should be aware of the potential challenges, including the time-consuming immigration process and the importance of honesty and accuracy in their application.
It is crucial to adhere to the legal requirements and provide truthful information throughout the process to ensure a smooth and successful immigration journey.
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