Spouse, Common-law or Conjugal Partner: What’s the difference?

If you’re planning to sponsor your loved one to Canada, you will come across different terms to specify your relationship when applying. Now, for those who are married legally, it’s easy – you can simply select a spouse, but what about your partner who you are not married to? What is the difference between a spouse, common-law partner, or conjugal partner and how to sponsor them for Canada PR from India? 

Let’s find out. 

Who is a spouse? 

When two people are married, of the same or the opposite gender, under the law of the country the wedding ceremony takes place, then you will be considered spouses. But that said, you must remember that Immigration, Refugees and Citizenship Canada (IRCC) does not recognize weddings that take place outside of Canada where one or both people are not present in person. 

This situation also includes wedding ceremonies conducted online or via telephone. Only the members of the Canadian Forces can get married under this exception. 

Documents required to sponsor a spouse

Submit these documents to prove your marriage: 

• Completely filled out application forms

• Proof that you are a permanent resident or a citizen of Canada

• Documents that prove your identification 

• Marriage certificate to prove your marriage

• Police Clearance Certificate from all countries your spouse has stayed in for at least six months or more after the age of 18

• Medical exam reports for your spouse

• Proof of payment for applicable government fees

• Digital photo

• Relationship Information and Sponsorship Evaluation Questionnaire

• Wedding invitations and photographs

• If you have kids together, submit birth certificates or adoption records 

• Proof of registration of marriage with a government authority

Who is a common-law partner?

Any person whom you are not legally married but have been continuously living with for over one year will be considered your common-law partner. Canada recognizes same-sex marriages as well for immigration purposes. To demonstrate that you are committed to each other and the relationship is genuine, you must submit certain documents. 

Submit proof of your common-law relationship to IRCC

• Prove that you share the same home

• Prove that you financially and emotionally support each other

• Prove that you have kids together, if applicable

• Present yourselves in public as a couple

Documents required to sponsor a common-law partner

Submit two of the below-listed documents to prove your common-law relationship: 

• Residential proof to show you’ve lived at the same address for at least one year

• Proof of property ownership or share rent 

• Bank accounts that you share 

• Utility bills with both of your names

• Copies of government-issued IDs

• Car insurance

• For any kids together, submit birth certificates or adoption papers

• Photos 

• Prove that your relationship is disclosed to your family and friends (letters, emails, social media)

If you are unable to submit proof

In this case, you have to find ways to show your relationship and submit. You can provide sworn declarations or letters of explanation from your close friends or family who can attest to your relationship. The final decision is in the hands of the visa officer. But it is recommended to submit as much proof as you have to increase the chances of success. 

Who is a conjugal partner?

Someone who’s living outside of Canada with whom you’ve been involved romantically – in a committed relationship for at least one year but significant barriers are preventing you from living together will be considered as a conjugal partner. 

The reason for not living together could be – an immigration barrier, religious reasons, or more. 

In certain situations, it is not possible for an individual to legally marry their sponsor and be recognized as a spouse. However, in all other aspects, this category is similar to a common-law partner or spouse, as they have been in a genuine conjugal relationship for a minimum of one year. 

For instance, your relationship will be termed as “conjugal if you can’t marry or live with your partner because you lived in a country that doesn’t accept same-sex marriage, where divorce is not possible, or where your relationship is against the law.

Submit proof of your conjugal relationship to IRCC

• Prove you have maintained a conjugal relationship with your sponsor for a minimum of one year

• Prove that you are in a committed and mutually interdependent relationship

• Prove the restrictions preventing you from living together or getting married

Documents required to sponsor a conjugal partner 

If there are no other legal documents that could prove your commitment to your partner, then you should provide proof of emotional and interpersonal ties that reveal that you are in a serious, committed relationship and intend to remain in that relationship long-term – to the visa officer. 

Understand each section comprehensively, especially when it comes to common-law or conjugal relationships – to understand which category you fall under when applying for Canada PR. Your partner could also be eligible to apply for a Canada dependent visa for spouse work permit. For in-depth knowledge and to explore your options, connect with Nationwide Visas, one of the best immigration consultants in India. 

Good luck!