Complete guide to sponsoring a conjugal partner to Canada

Canada’s diverse range of immigration programmes make it an alluring destination for immigrants from around the world and its Conjugal Partner Sponsorship programme is one such programme which is gaining prominence because of its liberal approach and wide scope of application. This sponsorship programme is beneficial especially for those couples who do not qualify for the country’s spousal sponsorship programme and the common-law partner programme.

 Who is a conjugal partner for the purposes of immigration?

In essence, a conjugal partner is any individual who’s living outside Canada and with whom you have been involved in a relationship for over a year; and you cannot live together due to circumstances which are beyond your control. This aspect is imperative, since if it comes to the fore that the two individuals are living apart on their will, their conjugal sponsorship application might not get approved. Some of the circumstances which qualify as being out of an individual’s control are contentious aspects such as different religious beliefs, sexual orientations, immigration hurdles and other socio-cultural barriers.

Difference between a conjugal partner and a spouse

A conjugal partner is different from a spousal partner in the sense that for a person to qualify as a conjugal partner, marriage isn’t a defining factor. The definition of a conjugal relationship isn’t restricted to a just a relationship’s ‘physical’ or ‘sexual’ aspect, as for a person to qualify as your conjugal partner a whole host of other factors come into play as well. For a relationship to qualify as a conjugal one, the two individuals must be interdependent on each other on financial, social, emotional or physical grounds. Provided that its other conditions are met, the Canadian government recognises any individual as a conjugal partner, and doesn’t discriminate on the grounds of their gender, caste, creed or ethnicity.

If you are planning on applying for a conjugal sponsorship, we’d advise you to also go through the guidelines and stipulations mentioned for the ‘common-law partner’ sponsorship applications as you might not be considered in the conjugal partner sponsorship category if your application qualifies as a common-law partnership.

Requirements for sponsoring a conjugal partner to come to Canada

The sponsor wishing to fill in the conjugal partner sponsorship application must be a Canadian national or permanent resident, above the age of 18 and they must sign an undertaking which declares them as being capable of taking care of their conjugal partner’s basic needs for a period of three years. This means that you must be in a position to cater to their essential needs such as accommodation, clothing, food and health services which fall outside the purview of the Canadian public health service. It is also important for you to prove that you aren’t financially dependent on any of the social assistance schemes; unless you are differently abled.

It is important to note that the three-year undertaking begins from the day your conjugal partner becomes a permanent resident and it shall remain in effect throughout that period even if your relationship with your conjugal partner breaks down.

Subjective assessment of relationship

Sinc, a conjugal relationship does not exist on paper in the form of a legal document, the final call on every conjugal sponsorship application rests with the Canadian Supreme Court. The Supreme Court assesses an application on a variety of subjective factors such as the mutual commitment of the two partners, the exclusivity of their relationship, their sexual preferences, their ability to financially and emotionally support one another, among other factors; before taking a call on the application’s status.

 

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IRCC’s eligibility criteria for conjugal partners

In addition to satisfying the aforementioned criteria, a sponsor must also satisfy the following eligibility criteria set by IRCC:

1. Intend to live in Canada during undertaking period: The sponsor must be a Canadian national or permanent resident who intends to live in Canada with their conjugal partner throughout the undertaking period. Permanent residents who are living overseas cannot sponsor a conjugal partner.
2. A satisfactory LICO score: Every year the Canadian government decides a low-income-cut-off score which every sponsor must satisfy in order to be eligible for the conjugal partnership procedure. In addition to your LICO score, you must also attach a Financial Evaluation form in your application, unless you are living or planning to live in Quebec.
3. Legally bound to repay social assistance: The sponsor must also accept that they are legally bound to repay the full amount of social assistance your conjugal partner avails during the undertaking period (if applicable).

The province of Quebec has its separate set of conditions which you must satisfy in order to get your conjugal sponsorship application approved.

Factors that can make you ineligible to sponsor a conjugal partner

Even though the conjugal sponsorship programme provides great flexibility and scope of application to unmarried couples, there are still various factors due to which you might be ineligible to sponsor a conjugal partner, such as:

Defaulted on social assistance repayment: If you had previously sponsored someone and defaulted on any of their social assistance repayments, while their undertaking period was active, then you might be declared ineligible to sponsor anyone else until you repay the full amount.

Declared bankruptcy: If you have filed for bankruptcy and the procedure hasn’t been finished by the time you are submitting your conjugal sponsorship application, then your application will get rejected since your conjugal partner will remain financially dependent on you for their essential needs during their undertaking period.

Nature of your relationship: Even though marriage isn’t a necessary for your relationship to qualify as a conjugal one, individuals who are engaged in relationships which transcend the boundaries of monogamous relationships; and engage in bigamous or polygamous relationships will not be able to sponsor a conjugal partner. You won’t be able to sponsor an individual as your conjugal partner if your relationship with them has broken down and you two have been separated for more than a year.

Criminal record: Individuals convicted of crimes such as domestic abuse, wherein they’ve caused physical harm to their previous partner or family member, are ineligible to sponsor a conjugal partner. Even attempts at committing crimes such as violence and sexual abuse aren’t taken lightly.

Thus, it is easy to see why Canada’s conjugal sponsorship programme has emerged as a popular immigration option for unmarried couples and is becoming a great way of reuniting individuals separated by socio-cultural barriers and distances.

Get in touch with us to gain further clarity into this topic and several other immigration-related queries.

The post Complete guide to sponsoring a conjugal partner to Canada appeared first on Immigration Law Office of Ronen Kurzfeld.

Crossing into Canada for work? Don’t get delayed or turned back at the Canadian border

Earlier in the year the breakout of the novel coronavirus disease compelled governments all across the world to shut their borders to restrict the influx of tourists or visitors from other countries and contain the spread of the virus. Understanding the gravity of the situation, Canada too restricted the entry of visitors traveling to the country for non-essential purposes.

US-Canada border closure extended till 2021

Recently Canada decided to extend its border closure with the United States till 21st December and also extended its travel restrictions for foreign travellers from other countries till 21st January, 2021. In addition to that, Canada has also opted in favour of keeping its 14-day mandatory quarantine period in place for all foreign visitors till 21st January, 2021.

In its latest round of directives the Canadian government has strongly advised anyone who’s traveling to Canada to undergo a viral test 24-72 hours before attempting to enter the country and to keep their test results handy during their travel. People who are infected with COVID-19 will be denied entry into Canada.

Essential workers allowed to enter Canada from the US

The Canadian government is still allowing certain essential service providers, businessmen and traders carrying valid work permits and visas to enter into the country for professional pursuits. The Canada Border Services Agency has been functioning ceaselessly to ensure the availability of essential goods for the general public and to cause Canadian importers minimal distress. Certain occupations have been deemed critical by the IRCC, and individuals engaged in these professionals have been exempted from the 14-day quarantine period. Workers who are exempt from the 14-day quarantine period include critical healthcare providers, essential goods transporters, medical-maintenance workers, and emergency service providers.

Even under the difficult environment created by the coronavirus pandemic, professional opportunities in Canada haven’t hit a dead end, rather the labour market has just undergone a paradigm shift. Although the work from home model has been implemented in several fields; sectors such as healthcare and logistics are still actively recruiting to cater to the increasing on-site demands. If you are a temporary worker who seeks to gain entry into Canada then you must have a valid work permit or at the very least procure a work permit approval letter.

How to enter Canada from the US during COVID-19

If you wish to enter Canada through the US border by road, then you must satisfy the Canada Border Service Agency Officials that you do not exhibit any symptoms of COVID-19, are traveling for non-discretionary purposes, and have a comprehensive 14-day quarantine plan. Even critical workers such as healthcare providers must self-isolate and self-monitor outside their working hours.

 

Schedule a consultation with an immigration professional and take the uncertainty out of your crossing into Canada.

Schedule a consultation today

Speak to a licensed immigration lawyer in Toronto

Process for entering Canada from the US

US citizens and permanent residents must carry at least one proof of citizenship document; whether its your birth certificate, citizenship certificate or your Permanent Resident Card. Foreign nationals trying to enter Canada would also need to furnish a valid visa to the Border Service Official.

Upon your arrival at the ‘Primary Inspection’ checkpoint at the border, the border officials will ask you for the aforementioned forms of identification and they might also ask you a series of questions about the goods you are carrying in your vehicle. You could also be asked to tell them the full amount (in Canadian dollars) of the food, animal or plant-related products in your possession. If you are carrying more than $10,000 CAD in tangible currency or via cheque, you will have to inform the Border Services Official about the same.

Why may you be denied entry across the Canada border

We’d suggest you remain as honest as possible with the border services officials since if they deem your answers to be unsatisfactory, they might deny you entry into Canada and ask you to return from the border itself. For you convenience, you can access a ‘Border Wait Time’ list online beforehand, to identify the border checkpoints wherein you’ll have to wait the least.

It may so happen that during your ‘Primary Inspection’, the border services official might ask you to move on to another point for a ‘Secondary Inspection’. Generally, secondary inspections are conducted to check and verify the electronic and digital devices in your possession. To ensure the safety of your sensitive information and privacy the border officials are prohibited from accessing your banking apps or your social media apps.  The border service official might also ask you further questions regarding your trip to Canada or verify your documents. You shouldn’t worry about this as it is a part of their routine protocol.

Coming to Canada for business reasons

Traders or drivers of carrier vehicles who wish to bypass the Primary Inspection Line can opt for electronic notices; through which businesses can interchange data to save the hassle of filling up tons of paperwork. The CBSA also offers online stamping service, known as the ‘Electronic Longroom’, which allows commercial cargo carriers to skip the step of submitting paperwork at a designated CBSA office and instead submit it online in the convenient PDF file format.

The CBSA has also designed a comprehensive plan for the post-COVID era which would benefit importers in particular; who will be able to avail benefits such as a state-of-the-art importing interface, self-service access to information and even reduce the cost of importing into the country.

It is important to note that there are certain goods which are either restricted or prohibited in Canada, so you must declare these goods at the border service checkpoint, to avoid further questioning or potentially being denied entry. For instance, if you’re attempting to bring a non-restricted firearm into Canada from the US, you must furnish the valid licenses and documentation. We’d advise you to check out the firearms specifications beforehand as Canadian residents or visitors to Canada cannot import prohibited or illegal firearms into the country, under any condition.

Speak to an immigration professional

It is advisable to seek opinion of an experienced immigration professional who can help you avoid any potential roadblocks or awkward encounters with CBSA officials and ensure that you can seamlessly cross into Canada.

Whether you are planning to come to Canada to visit loved ones or want to enter the country for work, get in touch with us. We will tell you if you are eligible to travel to Canada for personal/professional purposes during the COVID-19 pandemic.

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