Canada’s immigration system places a strong emphasis on family reunification, allowing Canadian citizens and permanent residents to sponsor their loved ones for permanent residence under family class sponsorship. Under the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR), eligible family members for sponsorship include:
- Spouses
- Common-law partners
- Conjugal partners
Legal Definitions Under Immigration Law
- Spouse: Legally married partner.
- Common-law partner (IRPR, s. 1(1)): A person who has cohabited in a conjugal relationship with the sponsor for at least one year.
- Conjugal partner (IRPR, s. 1(1) and s. 117(9)(j)): A person with whom the sponsor has been in a genuine relationship for at least one year, but who cannot live with them or marry them due to legal or other significant barriers.
This third category—conjugal partner—is intended to accommodate couples facing exceptional circumstances (e.g., immigration barriers, religious or cultural restrictions, same-sex relationship limitations in the home country) that prevent them from cohabiting or marrying.
In Mulatu v. Canada (Citizenship and Immigration), the applicant sought permanent residence as a common-law partner. The immigration authorities determined that while a common-law relationship had existed, it had since broken down, and the applicant no longer met the legal requirements.
The case emphasized the importance of proving either:
- A current common-law partnership, demonstrated through cohabitation and shared life, or
- A conjugal partnership, where the couple can show a genuine, marriage-like relationship and provide compelling reasons for why they could not marry or live together (e.g., legal or cultural barriers).
The Immigration Appeal Division (IAD) reinforced that an ongoing, committed relationship is central to meeting the criteria, regardless of whether the category is common-law or conjugal.
How our Vancouver Immigration lawyer can help:
At YA Law Corporation, our experienced team of Vancouver immigration lawyers can guide you through all stages of a family sponsorship application. Whether you’re sponsoring a spouse, common-law partner, or seeking to establish a conjugal partnership, we can help.