Who Can You Sponsor Under Canadian Immigration Law?

Understanding who you can sponsor isn’t just a legal question; it’s a personal one. Whether it’s your spouse, common-law partner, or conjugal partner, your relationship’s definition under immigration law determines which application stream applies and how it will be assessed.

Let’s break down the three recognized categories under Canada’s Immigration Law and how to navigate them successfully.

 

1. Spouse Sponsorship in Canada: What Qualifies?

Under Canadian immigration law, a spouse is someone to whom you are legally married, either in Canada or abroad. But not all marriages are equal in the eyes of the law.

To qualify:

• The marriage must be legally valid in the country where it occurred and recognized in Canada.
• Proxy marriages (i.e., performed over the phone or the internet without both parties physically present) are not accepted.
• The relationship must be genuine and not entered into for immigration purposes. Otherwise, it may be considered a bad-faith marriage, leading to refusal.

To the Curious Legal Thinkers:  

To be a member of the family class as a spouse:

• The marriage must meet the definition under section 2 of IRPR
• It must not be excluded under sections 4(1), 4.1, and 5 of IRPR
• Also, section 117(9) of IRPR lists excluded relationships, including cases where prior sponsorship rules are violated.

 

2. Common-Law Partner Sponsorship: Are You Eligible?

You may sponsor someone as a common-law partner if:

• You have lived together in a marriage-like relationship for at least 12 consecutive months
• The relationship is not limited by gender; this definition is inclusive of same-sex and opposite-sex partners.

Proving common-law status goes beyond just cohabitation. The application should show shared financial responsibilities, emotional support, and joint life planning.

To the Curious Legal Thinkers:

Common law partner relationship is defined in section 1(1) of the IRPR and is interpreted in section 1(2) of the IRPR, which reads as: 

“Interpretation — common-law partner

(2) For the purposes of the Act and these Regulations, an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, due to persecution or any form of penal control, shall be considered a common-law partner of the person.”

Note: A common-law partner may even be someone unable to cohabit due to persecution. In such exceptional cases, strong supporting evidence is crucial. 

 

3. Conjugal Partner Sponsorship: When Living Together Isn’t Possible

A conjugal partner is someone:

• You have been in a committed, marriage-like relationship for at least one year
• Who resides outside Canada
• With whom cohabitation is not possible due to circumstances beyond your control (e.g., cultural, legal, or immigration barriers)

This category is not a workaround for people who simply haven't lived together. Immigration officers will scrutinize the relationship to ensure it mirrors a marriage in all but name and cohabitation.

To the Curious Legal Thinkers:  

Conjugal partnerships are defined under section 2 of the IRPR. The landmark case M. v. H. (Supreme Court of Canada) established key factors to evaluate conjugal relationships:

• Shared shelter
• Sexual and personal behaviour
• Services
• Social recognition
• Financial interdependence
• Commitment to children
• Societal perception

Note: Not all factors must be present, but there should be substantial evidence that the relationship is genuine.

 

Choosing the Right Sponsorship Category

Sponsorship Type	In Canada (Spouse/Common-Law)	Outland (Family Class)
Spouse	✅	✅
Common-Law	✅	✅
Conjugal	❌	✅

 

• Spouse/Common-law: Can apply from within or outside Canada
• Conjugal: Only eligible under the Family Class (outland) due to the nature of the relationship

 

Final Thoughts: Why Legal Clarity Matters

Choosing the right category isn’t just a paperwork decision. It affects timelines, proof requirements, appeal rights, and your ability to reunite with loved ones quickly and lawfully.

At MGG Immigration and Refugee Services Inc., we help clients clearly define and document their relationships to avoid refusals and delays. Each love story is different; your immigration strategy should reflect that.

 

Disclaimer:
This article is intended for informational and educational purposes only and does not constitute legal advice. The views expressed are those of the author and are based on personal/ professional experience and publicly available sources at the time of writing. Readers should consult official IRB documentation or seek qualified legal counsel for case-specific guidance. The author assumes no liability for actions taken based on the content of this article.

Have questions or need guidance?
Feel free to contact me directly for further discussion or support.
Name: Harpreet Singh 
Contact: Book a consultation at https://www.mggimmigration.com/#contact
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