Canada takes pride in simplifying immigration for couples through its inclusive policies, which aim to keep families united. If you’re a Canadian citizen or permanent resident wanting to sponsor your partner in Canada, the Family Class Sponsorship Program breaks down this subject into three broad categories: Spouse, Common-Law Partner, and Conjugal Partner.
While ‘spouse’ is a fairly straightforward term, there are specific differences between common-law and conjugal partner sponsorships that can be confusing. In this blog post, let’s break down the key differences, eligibility requirements, and things to consider when sponsoring a common-law partner vs. a conjugal partner.
Understanding the Basic Terms
Canadian immigration depends on the precise definition of your relationship. IRCC classifies relationships as legal marriage, common-law partnerships, and conjugal ones.
1. Spouse
This means either of the two people (opposite or same gender) are in a marriage that is legally recognized in the country where it took place, as well as in Canada.
IRCC no longer recognizes marriages performed outside of Canada by proxy, telephone, fax, internet and other forms of marriage where one or both persons weren’t physically present at the ceremony
See section 2 of the IRPR for the legal definition of marriage.
Common-Law Partner
Means a person who has been living in a conjugal relationship with another person (opposite or same gender), continuously for at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people. This means sharing a home and living together continuously without long periods apart.
Conjugal Partner
Means a person who is living outside Canada, in a conjugal relationship with a sponsor for at least one year, and could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation.
A conjugal partner is someone you are in a genuine relationship (akin to marriage or common-law partnership), but you cannot live together or get married due to extenuating circumstances, often legal, cultural, or immigration-related barriers.
Principal applicants living in Canada are not eligible to be sponsored as conjugal partners. This term applies to both heterosexual and homosexual couples.
When should you consider a particular Spouse Sponsorship Program in Canada?
The Canada Spouse Sponsorship category is well-known and widely discussed online. However, understanding the specific qualifying requirements IRCC has set for the two other categories under spouse sponsorship will help you apply under either the conjugal partner or common-law partner category.
Common Law Partner Sponsorship
You might consider this category if:
- You’ll share the same home, (conduct and habit concerning the sharing of household chores)
- You’ll support each other financially (e.g. financial arrangements, ownership of property) and emotionally
- You’ll have children together, if applicable.
- Present yourselves in public as a couple.
- You’ll indulge in sexual and personal behaviour (e.g. fidelity, commitment, feelings towards each other)
Conjugal Partner Sponsorship
You might consider this category if:
- You’re in a long-distance relationship but cannot marry due to divorce laws or restrictions in one country.
- You are in a same-sex relationship and your partner lives in a country where same-sex relationships are criminalized.
- Your partner was denied a visa or cannot legally reside with you.
- Political instability or religious customs prevent you from cohabiting or marrying.
Important Note: If you could have lived together but didn’t make the effort, IRCC might reject your application.
Key Differences in Eligibility Criteria for Common-Law Partner and Conjugal Partner Sponsorship
The key differences in eligibility criteria for Common-Law Partner and Conjugal Partner sponsorship in Canada revolve around the nature of the relationship and the proof required.
Basic Requirements
- Both partners must be at least 18 years old at the time of application.
- The sponsor must be a Canadian citizen, permanent resident, or enrolled under the Indian Act.
- The sponsor has to show financial competence to maintain their spouse (and any dependents) without depending on social assistance, except for disability benefits.
- The connection has to be real and not only for immigration reasons.
- The sponsored partner must undergo background checks, security screenings, and medical tests as part of the application process.
Cohabitation Requirement
- Common-Law Partner: Must have lived together for at least 12 continuous months.
Proof of cohabitation, such as joint leases, insurance, utility bills, shared bank accounts, or official mail showing the same address. - Conjugal Partner: Must be living outside of Canada and cannot live together due to barriers beyond your control. A conjugal partnership applies when cohabitation isn’t possible, typically due to restrictive laws, political or religious reasons, or same-sex relationship bans in the partner’s home country. Proof showing why cohabitation is impossible, including emotional ties, communication records, visits, and detailed letters.
Sponsorship Process
- Common-law sponsorships are relatively more common and have higher acceptance rates because they provide tangible proof of cohabitation and are more likely to be approved.
- Conjugal sponsorships are less common and often more challenging to approve because IRCC (Immigration, Refugees and Citizenship Canada) scrutinizes them. The applicant must convincingly show that they tried but could not live together or get married, and not simply chose not to.
Challenges with Common-Law Partner vs Conjugal Partner Sponsorship
Common-Law Partner Sponsorship
- Establishing a genuine partnership without a marriage license requires plenty of supporting papers.
- Applicants have to show at least twelve months of uninterrupted cohabitation.
- Insufficient, inconsistent, or missing papers might lead to denials or delays.
- To demonstrate continuous dedication, temporary separations must be well-explained and recorded.
- Both spouses have to qualify (criminal, medical, etc.).
- The sponsor cannot be in arrears on prior support payments or obligations.
- Qualifying and showing a genuine, continuous connection could be difficult
Conjugal Partner Sponsorship
- Your partner cannot enter your country due to visa restrictions or inadmissibility concerns.
- Same-sex relationships might be illegal in your partner’s native country, hence blocking cohabitation or marriage.
- Religious constraints could impede interfaith or inter-caste marriages in certain nations or societies.
- You are legally separated but unable to finalize your divorce due to delays in your country’s legal system.
What IRCC Does NOT Consider Valid Challenges?
- According to IRCC policies, personal choices or temporary circumstances do not qualify as valid challenges/
- Choosing not to marry due to financial concerns or personal preference does not meet the criteria.
- Temporary separation caused by work, studies, or travel is not an acceptable reason for conjugal sponsorship.
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Application Process
Common-Law Partner Sponsorship Process
- Meet Eligibility Requirements: Before applying, you must have lived continuously with your partner for at least 12 months in a conjugal relationship.
- Choose Inland or Outland Processing: If your partner lives in Canada, apply through inland sponsorship; if they live outside Canada, use the outland sponsorship stream.
- Gather Required Documents: Include proof of cohabitation and shared obligations, such as joint bank accounts, leases, utility bills, and affidavits.
- Complete Forms Online & PDFs: Submit forms like IMM 0008, IMM 5669, IMM 5406, IMM 5562 (if applicable), IMM 1344 (signed), and IMM 5532 (spousal/partner).
- Pay Application Fees: The sponsorship process costs C$1,080. Additional charges may apply for biometrics (C$85 per person or C$170 per family).
- Processing Time & Work Permit Option: Inland applicants may apply for an open work permit, and processing times typically range from 12 to 24 months.
Conjugal Partner Sponsorship Process
- Verify Eligibility: You must prove that you and your partner have been in a committed relationship for at least one year but cannot marry or cohabit due to significant barriers (e.g., immigration laws, legal persecution, or religious restrictions).
- Outland Processing Only: Conjugal sponsorship cannot be processed inland, meaning the sponsored partner must reside outside Canada at the time of application.
- Provide Strong Documentation: Gather comprehensive evidence, such as travel history, legal records, affidavits, and correspondence, proving reasonable obstacles prevented cohabitation or marriage.
- Complete Forms & Fees: Submit IMM 0008, IMM 1344, and supporting forms, and pay processing fees starting at C$1,080, plus biometric fees if required.
- Expect Higher Scrutiny & Longer Processing Times: Since conjugal sponsorship is an exceptional category, applications face extensive review and may take longer than common-law or spousal sponsorships.
Documentation Checklists
Proving your connection is real and satisfies IRCC’s criteria requires presenting thorough papers customized to your selected conjugal partner vs. common-law partner sponsorship type.
Common-Law Partner Sponsorship Documentation
Sponsoring a common-law partner in Canada will require proof of:
- Complete the required forms: IMM 5589 (Checklist), IMM 1344 (Sponsorship), and IMM 5532 (Relationship Evaluation).
- Provide joint lease, rental agreement, or property deed (both names, 12+ months).
- Submit joint bank account and credit card statements.
- Include utility bills (electricity, water, internet) with both names at the same address.
- Attach government-issued IDs (driver’s licenses, health cards) showing shared address.
- Add official mail (tax returns, government correspondence) to both or each partner.
- Provide photos together (max 20), with descriptions.
- Include affidavits from friends/family attesting to your relationship.
- Submit children’s birth certificates, if applicable.
Conjugal Partner Sponsorship Documentation
For conjugal spouse versus standard law partner sponsorship, emphasize showing obstacles along with proof of dedication:
- Complete required forms: IMM 5589 (Checklist), IMM 1344 (Sponsorship), IMM 5532 (Relationship Evaluation).
- Provide detailed letters explaining legal or social barriers to marriage or cohabitation.
- Submit evidence of ongoing contact: emails, text messages, call logs, social media chats.
- Include proof of visits: travel itineraries, boarding passes, stamped passports, and photos together.
- Attach records of financial support: bank transfers, Western Union receipts, shared expenses.
- Provide legal documents confirming obstacles: visa refusals, divorce decrees, and laws prohibiting marriage.
- Add affidavits from friends/family attesting to the genuine relationship.
Take Professional Help from Licensed Professionals
Immigration is about loving by heart and thinking systematically with your brain for a successful outcome. Canadian immigration officials do recognize the diverse ways love and commitment can manifest, so what counts the most is your ability to document and clearly explain your situation, and this will make all the difference
Our team, led by Keshav Sharma (RCIC), specializes in assessing your unique situation and eligibility for sponsorship. If you’re unsure about in which category does your case fall or if you need help putting your application together, consult ELAAR immigration.
Have you sponsored or been sponsored as a common-law or conjugal partner? Share your experience or questions in the comments below — your story might be of great help to someone else!
