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.