By Mary L. Zhang, February 2, 2015
You can apply to immigrate to Canada under the family sponsorship if your spouse or common-law partner or conjugal partner, either same-sex or opposite sex, is a Canadian citizen or Canadian permanent resident.
Canada government recognizes marriages made outside of Canada so long as the marriage is legal under the law of the country where it takes place it is legal Canadian law. For a common-law or conjugal partner, you will need to meet the definitions in order to successfully file an application.
To meet the definition of a common-law partner, not only have do you and your Canadian partner been living together for at least one year prior to the filing of your application, but also you need to demonstrate that you and your partner have combined your financial and social affairs and set up a household together. The proof can be your joint ownership of properties, join bank accounts, joint utility bills, etc.
The category of conjugal partner is not just for those in a physical relationship. You need to prove that you have been in a committed, exclusive relationship for at least a year and you could not live together or get married. The reason for not being able to live together or marry cannot be simply because of the geographic distance or because your relationship has not reached the level of living together. The common legitimate reasons include:
- your sexual orientation, for example, you are in a same-sex relationship and same-sex relationships are not permitted where you live, or
- immigration barriers, for example, you cannot leave your country without your government’s permission, or
- your marital status, for example, divorce is not permitted in the country where you live.
You can come to Canada as a landed immigrant when your immigration application under the family sponsorship is approved. If your application is refused for various reasons, it does not mean that your journey ends there. Your Canadian sponsor can file an appeal to challenge the visa officer’s decision. If the appeal is allowed, you can still come to Canada as a landed immigrant.
Contact our office in Markham, Ontario to find out how we can assist you to get united with your loved ones soon in Canada.