How to include conjugal partner in my PR application?

[zoiiz]

Has anyone applied for PR when having a conjugal partner (and later sponsored said conjugal partner after obtaining PR)? I'm applying for my PR under the PNP stream and the only place it specifically asks about whether I have a conjugal partner is in the additional family information section - it spells only spouses/common-law partner elsewhere.

I wouldn't want to be rejected for sponsoring my same sex conjugal partner in the future due to not properly declaring her in my PR application. Would greatly appreciate it if someone could share some insights/experience.

 

[scylla]

Has anyone applied for PR when having a conjugal partner (and later sponsored said conjugal partner after obtaining PR)? I'm applying for my PR under the PNP stream and the only place it specifically asks about whether I have a conjugal partner is in the additional family information section - it spells only spouses/common-law partner elsewhere.

I wouldn't want to be rejected for sponsoring my same sex conjugal partner in the future due to not properly declaring her in my PR application. Would greatly appreciate it if someone could share some insights/experience.

You cannot include a conjugal partner as a dependent in an economic immigration application. Only spouses and common law partners.

 

[armoured]

You cannot include a conjugal partner as a dependent in an economic immigration application. Only spouses and common law partners.

Just want to reinforce one point: 'conjugal partner' in IRCC understanding is quite specific and a (possibly) unique usage.

It is VERY important to include a partner who would qualify as common law (or spouse, of course). The corollary is that only common law or legally married spouses may be included in another type of PR application.

To be blunt: conjugal partner does NOT mean same-sex partner. A same-sex partner who is spouse or common-law partner is just spouse or common-law partner.

In IRCC terminology, 'conjugal partner' is a special class for someone who could be spouse or common law partner but for legal and immigration barriers to becoming such.

And I believe the logical explanation why a (potential) conjugal partner can't be included in a (non-spousal sponsorship) PR app goes back to this: there is and can be no 'immigration barrier' (relevant to Canadian human rights law, anyway) for someone who is not a PR yet (the principal applicant / potential future spousal sponsor).

But that's speculation on my part and kind of irrelevant, since the more simple explanation is that there is no 'conjugal partner equivalent' or program for eg economic class PR apps.

That said, the principal applicant in this case can start a comjugal class sponsorship after becoming a PR (if all other requirements met, of course).

 

[zoiiz]

Thank you both scylla and armoured. I had this concern as under Family Class (the class to sponsor a conjugal partner), one of the excluded family class relationships is "

• when the sponsor applied for permanent residence, the applicant was a non-accompanying family member of the sponsor and was not examined [R5, R117(9)(d), R117(10) and (11) and R125(1)(d), R125(2) and (3)]"

 

[zoiiz]

Just want to reinforce one point: 'conjugal partner' in IRCC understanding is quite specific and a (possibly) unique usage.

It is VERY important to include a partner who would qualify as common law (or spouse, of course). The corollary is that only common law or legally married spouses may be included in another type of PR application.

To be blunt: conjugal partner does NOT mean same-sex partner. A same-sex partner who is spouse or common-law partner is just spouse or common-law partner.

In IRCC terminology, 'conjugal partner' is a special class for someone who could be spouse or common law partner but for legal and immigration barriers to becoming such.

And I believe the logical explanation why a (potential) conjugal partner can't be included in a (non-spousal sponsorship) PR app goes back to this: there is and can be no 'immigration barrier' (relevant to Canadian human rights law, anyway) for someone who is not a PR yet (the principal applicant / potential future spousal sponsor).

But that's speculation on my part and kind of irrelevant, since the more simple explanation is that there is no 'conjugal partner equivalent' or program for eg economic class PR apps.

That said, the principal applicant in this case can start a comjugal class sponsorship after becoming a PR (if all other requirements met, of course).

Could you please elaborate on the logical explanation why conjugal partner can't be included? Is it like since the principal applicant is not yet a PR, both the principal applicant and conjugal partner are outside the door of Canada that it is only when the two are are different sides of the door will there be a barrier?

 

[scylla]

Thank you both scylla and armoured. I had this concern as under Family Class (the class to sponsor a conjugal partner), one of the excluded family class relationships is "

• when the sponsor applied for permanent residence, the applicant was a non-accompanying family member of the sponsor and was not examined [R5, R117(9)(d), R117(10) and (11) and R125(1)(d), R125(2) and (3)]"

So first of all, it's really important that you make sure what you have is truly a conjugal relationship and not a common law relationship. If you lived together for a year or more continuously, you are common law and this changes all of the answers.

Assuming you are in fact conjugal, you cannot include a conjugal partner as a dependent (either accompanying or non-accompanying) in an economic immigration application. This means that there's no way to gt a conjugal partner examined as part of your economic immigration application.

Once again, assuming what you have is in fact conjugal (not common law), then you simply sponsor your conjugal partner through family sponsorship once you have PR. The fact you did not include them as a dependent in your economic immigration application is irrelevant since it's impossible to do that.

 

[scylla]

Could you please elaborate on the logical explanation why conjugal partner can't be included? Is it like since the principal applicant is not yet a PR, both the principal applicant and conjugal partner are outside the door of Canada that it is only when the two are are different sides of the door will there be a barrier?

The short answer to this question is that this is the IRCC rule. I'm not sure any of us can fully explain this since we are not IRCC.

The barrier to proving conjugal is much higher and essentially requires you to prove that both marriage and common law status are not possible. Once you have PR, one of the things you'll need to do (if not done already) is have your partner apply for a TRV to Canada. If the TRV is approved, then your partner will be able to come to Canada as a tourist and you can then either get married or live together for a year to become common law. So with an approved TRV, conjugal no longer applies essentially.

 

[armoured]

Could you please elaborate on the logical explanation why conjugal partner can't be included? Is it like since the principal applicant is not yet a PR, both the principal applicant and conjugal partner are outside the door of Canada that it is only when the two are are different sides of the door will there be a barrier?

I fully and 100% support the explanation from @scylla - the short answer is that conjugal is a separate program, designed and invented to deal with an issue facing some PRs, and it doesn't apply to you because you're not a PR. When you are a PR, it will.

But as an exercise in thinking it through, one of the requirements is not just a legal barrier (eg forbidden/impossible to marry), but also an immigration barrier. That is: Canada does not allow one member of the couple to enter Canada (via PR) and hence for the couple to marry in Canada (or reside together and become common law).

Now go further: when both members of a couple are outside of Canada (and neither is even a PR), Canada has no control over the immigration barrier and indeed no way to even evaluate what those barriers are (because that would amount to evaluating the entire world). It'd be an absurd task, and effectively impossible to do with something approaching objectivity.

But at any rate: that's just speculation from me about 'reasons.' My reasoning may or may not be right.

For all practical purposes, the answer is: they don't accept conjugal partners on PR apps, period. Become a PR and use the conjugal program is the answer.

 

[17fufat]

My apologies that I am replying to an old post but my situation is quite similar but different. It would be much appreciated @scylla and @armoured for your response to my query.

I obtained my Permanent residency few weeks ago via Non-Express Entry applied under PNP program. My girlfriend, who I am dating for 5 more years also applied for her permanent residency and due to some work related reasons her application got refused. Now, the question is I did not include my girlfriend in my application as my conjugal partner. She lives in the same city as me but we do not live together. We met at workplace 5 years ago and it turned into a relationship after that. My biggest concern is the name of our 5 year old relationship in eyes of IRCC. Would our relationship be considered as conjugal relationship? Because we always had an option to start living together but we never did. I think it is right time in our relationship to get married and that would also help her to remain in Canada with me.

But my biggest question still remain is how IRCC would look at our 5 year old relationship and may question me for not including my girlfriend as conjugal partner during my PR application and may result in revoking my PR?

Your response would be much appreciated.

Thanks.

 

[armoured]

But my biggest question still remain is how IRCC would look at our 5 year old relationship and may question me for not including my girlfriend as conjugal partner during my PR application and may result in revoking my PR?

Without being married or having become common law (by force of living together at any time for more than 12 months), you have a girlfriend. Not a spouse, not a common law partner. So no repercussions.

Conjugal partner is a category dreamed up to deal with specific situations where couples could not - due to legal and immigration restrictions - marry or become common law. It is NOT applied to those couples for whom neither partner is yet a PR or citizen. So it simply didn't apply to you. You also had no such barrier; you simply didn't get married or reside together.

And you do not seem to have such barriers now.

So get married, sponsor your spouse, and stop wondering about this.

 

[Ponga]

My apologies that I am replying to an old post but my situation is quite similar but different. It would be much appreciated @scylla and @armoured for your response to my query.

I obtained my Permanent residency few weeks ago via Non-Express Entry applied under PNP program. My girlfriend, who I am dating for 5 more years also applied for her permanent residency and due to some work related reasons her application got refused. Now, the question is I did not include my girlfriend in my application as my conjugal partner. She lives in the same city as me but we do not live together. We met at workplace 5 years ago and it turned into a relationship after that. My biggest concern is the name of our 5 year old relationship in eyes of IRCC. Would our relationship be considered as conjugal relationship? Because we always had an option to start living together but we never did. I think it is right time in our relationship to get married and that would also help her to remain in Canada with me.

But my biggest question still remain is how IRCC would look at our 5 year old relationship and may question me for not including my girlfriend as conjugal partner during my PR application and may result in revoking my PR?

Your response would be much appreciated.

Thanks.

If she lives in the same city as you, how could she be a conjugal partner?

IRCC would not see your relationship as conjugal; you are dating, right?! She is, as you state, your girlfriend.

You can either live together for a year and then apply to sponsor her, or...you can get married and then apply to sponsor her.

 

[scylla]

My apologies that I am replying to an old post but my situation is quite similar but different. It would be much appreciated @scylla and @armoured for your response to my query.

I obtained my Permanent residency few weeks ago via Non-Express Entry applied under PNP program. My girlfriend, who I am dating for 5 more years also applied for her permanent residency and due to some work related reasons her application got refused. Now, the question is I did not include my girlfriend in my application as my conjugal partner. She lives in the same city as me but we do not live together. We met at workplace 5 years ago and it turned into a relationship after that. My biggest concern is the name of our 5 year old relationship in eyes of IRCC. Would our relationship be considered as conjugal relationship? Because we always had an option to start living together but we never did. I think it is right time in our relationship to get married and that would also help her to remain in Canada with me.

But my biggest question still remain is how IRCC would look at our 5 year old relationship and may question me for not including my girlfriend as conjugal partner during my PR application and may result in revoking my PR?

Your response would be much appreciated.

Thanks.

No, you would not be classified as conjugal since there are no barriers to getting married or becoming common law. Conjugal partners also do not get included as dependents in economic immigration applications. If you wish to sponsor her, you either need to get married or live together a year first to become common law.

 

[17fufat]

Thank you so much guys for your prompt responses. I could sleep in peace now.

Thank you.

 

[17fufat]

No, you would not be classified as conjugal since there are no barriers to getting married or becoming common law. Conjugal partners also do not get included as dependents in economic immigration applications. If you wish to sponsor her, you either need to get married or live together a year first to become common law.

Yes I totally agree, but there was a section under IMM 5406 to disclose details about your non-accompanying conjugal partner. But I get it I do not have to worry about it as we are nor conjugal partners.

 

[armoured]

Yes I totally agree, but there was a section under IMM 5406 to disclose details about your non-accompanying conjugal partner. But I get it I do not have to worry about it as we are nor conjugal partners.

Good catch. It seems a bit weird, but this would apply, I believe, ONLY for the case where one is sponsoring a conjugal partner. And it is only used on this form, the 'additional family information' form.

In that instance, the applicant is the conjugal partner of the spouse - and enters name in section for applicant. The conjugal partner of the applicant to be entered as 'spouse, common-law partner' of the applicant - in this context - is the sponsor.