Canada does not have a fiancé visa immigration program. It has visa programs for spouse and common-law partners. And in some cases, a sponsor’s visa application for a conjugal partner may not be entertained if the partnership or marriage is found invalid. For instance, many partners have relationships, but they do not live with each other for immigration reasons and work or cultural factors.
Keep in mind that the immigration law for conjugal partnership is sophisticated, and if you are considering this category, then you should seek the help of an immigration consultant or attorney.
The Canadian immigration law allows immigration under the family class if the person sponsoring you is your spouse, common-law partner or conjugal partner. A conjugal partner is defined as someone who is in a relationship with a Canadian citizen or permanent resident for at least one year.
On the other hand, a common-law partner is defined as someone who is cohabiting with a Canadian citizen or permanent resident for at least one year. In light of these definitions, you may qualify for being a common-law partner for immigration to Canada if you have been cohabiting with a Canadian citizen or permanent resident for at least one year. However, there is no requirement for definite and clear cohabitation between the partners.
It can become difficult at times for the partners to prove that they are in a cohabitation relationship. The immigration officers will assess your situation and deduce whether the relationship has durability, whether it is marriage-like, and whether the partners are seriously committed to sharing life.
The Canadian government has created the conjugal partner visa to cope with exceptional situations where the two persons are in a relationship but not able to marry each other or be eligible as a common-law partner. The immigration authority cannot compel you to get married because marriage is a choice, not a compulsory requirement in life.
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