The term “conjugal relationship” is commonly used in legal and administrative contexts, particularly in family law, immigration, and tax matters. For instance, immigration authorities like Immigration, Refugees and Citizenship Canada (IRCC) in Canada require proof of a bona fide conjugal relationship as part of a family class sponsorship application to ensure that the relationship is genuine.
What is a conjugal relationship for Immigration purposes?
A conjugal relationship is where individuals are financially, socially, emotionally and physically interdependent, where they share household and related responsibilities, and where they have made a serious commitment to one another.
Conjugal does not mean “sexual relations” alone. It indicates that there is a significant degree of attachment and mutual commitment between two partners.
Right before July 4th, 2023, the conjugal partner relationship exists if the parties have been unable to cohabit because of an immigration impediment or other serious barrier.
However, on July 4th, 2023, Immigration, Refugees and Citizenship Canada had an update concerning the requirements of conjugal relationships.
A foreign national intending to immigrate as the conjugal partner of a sponsor must provide evidence that:
- they have maintained a conjugal relationship with their sponsor for at least one year
- they are in a committed and mutually interdependent relationship of some permanence and have combined their affairs to the extent possible.
In a nutshell: The Applicant and Sponsor should prove that they are in a loving relationship, financially support each other, have been spending time together, and are familiar with each other friends and families.
Is conjugal partnership legally recognized status within Canada?
Conjugal partners do not have the same rights or benefits as spouses or common-law partners under Canadian law since the relationship is not a legally recognized status within Canada. It is anticipated that the partners will marry or they will cohabit for one year to establish a common-law relationship when they are in Canada.
Contact to speak to Vancouver Immigration lawyer at YA Law Corporation.