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Common Law/Conjugal Partner

The Common Law/Conjugal Partner visa application process can be a minefield for anyone not completely up to date with the current immigration legislation. At Migra & Co, it’s our business to know and be fully aware of constantly changing legal requirements in order to secure the approval of our clients’ Common Law/Conjugal Partner visa.
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Family Class category allows Canadian citizens and those with a permanent residence to sponsor their common law or conjugal partners who live inside or outside of Canada. There are number of criteria which must be satisfied by a sponsor as well as the applicant and the actual requirements will depend on the category applied under.

Common Law Partner Visa

Common-law partner visa, either of opposite sex or same-sex, is for those who have been living with their sponsor in a conjugal relationship for a continuous 12-month period without interruptions. However, short business and family related absences will usually not break the continuity of the residence.

As part of the application you will have to provide documents proving that you and your common-law partner have set up a household together. This could include:

  • Joint bank accounts or credit cards
  • Joint ownership of a home
  • Joint residential leases
  • Joint rental receipts
  • Joint utilities (electricity, gas, telephone)
  • Joint management of household expenses
  • Proof of joint purchases, especially for household items OR
  • Correspondence addressed to either person or both people at the same address

Conjugal Partner Visa

The conjugal partner category is for partners-either of opposite sex or same sex-in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses. A conjugal relationship is more than a physical relationship and it has some permanence and the same level of commitment as a marriage or a common-law union.

You may apply as a conjugal partner if:

  • You have maintained a conjugal relationship with your sponsor for at least 1 year;
  • You have been prevented from living together or marrying because of immigration barrier, your marital status, your sexual orientation
  • You can provide evidence of an impediment to living together

However, you will not qualify as a conjugal partner if:

  • You could have lived together but chose not to, indicating that you did not have the level of commitment required of a conjugal relationship
  • You are unable to provide evidence of an impediment that prevented you from living together
  • You are engaged to be married. In this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months.

Applicants applying for permanent residence as a common law/conjugal partner must go though medical, criminal and background screening. At the same time, sponsors wishing to bring their family members to Canada (legalise their stay) will have to show that they meet sponsorship and income requirements.

Speak to one of our Common Law/Conjugal Partner visa consultants now to discuss your tailor made visa solution. Call us on +44 20 3384 3075.
Migra & Co is a private immigration company, regulated by the Office of the Immigration Services Commissioner (OISC), reference number F200900038. This website is not a government website and as such, we are not linked or affiliated with the UK Visas and Immigration. We offer expert legal advice and flexible tailored solutions to both private and corporate clients to ensure that their immigration needs are met. If you wish to download or prepare a UK visa application form, you can do so free of charge by visiting the Official UKVI website.