Conjugal partner sponsorship: when you can’t marry or live together, and how to prove it

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 11, 2026

Published November 11, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 11, 2026: sections 1 and 2 of the Immigration and Refugee Protection Regulations, IRCC’s conjugal relationship instructions (modified July 4, 2023) and its sponsorship eligibility page (modified June 23, 2026) checked that day.

Conjugal partner sponsorship is the category for couples who are in a marriage-like relationship but could not marry and could not live together. The Regulations define a conjugal partner as a foreign national living outside Canada who has been in a conjugal relationship with the sponsor for at least one year. It exists for real barriers: a country where divorce is not possible, where same-sex marriage is not recognized, or where living together would mean persecution. It is not a shortcut for couples who simply chose not to marry or move in together, and officers look closely at why the other categories were not available.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, handles spousal, common-law and conjugal partner sponsorships and sponsorship appeals; this guide is by Prabhpreet Kaur Sangha.

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Spouse, common-law or conjugal: which category fits?

If you could marry, or could live together for a year, the officer will expect you to have used that category. See our guide on sponsoring a common-law partner.

What counts as a barrier?

IRCC’s instructions describe exceptional circumstances beyond the couple’s control that prevented them from marrying or living together. The examples include:

• one partner is married and divorce is not possible where they live;
• the couple is a same-sex couple and same-sex marriage isn’t recognized, or isn’t available to them, where the partner lives;
• living together openly would expose them to persecution or penal control;
• immigration barriers prevented them from living in the same country.

Put the barrier in writing and back it up with documents: the law of the country, records of refused visas, or evidence of the risk.

How do I prove a conjugal relationship?

IRCC’s instructions look at whether the relationship has the features of a marriage: mutual commitment, exclusivity, emotional and financial interdependence, and how the couple presents itself to family and others. The instructions list the factors the courts have set out for conjugal relationships.

Checklist: evidence for a conjugal sponsorship

• Proof of time together: travel records, photos over time, stays in each other’s countries.
• Communication over the whole relationship, not just recent months.
• Financial ties: money sent, shared expenses, insurance or beneficiary designations.
• Statements from family and friends who know you as a couple.
• Evidence of the barrier to marriage or living together.
• Your plans together in Canada.

What if the sponsorship is refused?

A refused family class sponsorship can usually be appealed by the sponsor to the Immigration Appeal Division within 30 days. The IAD can look at whether the relationship is genuine and, in many cases, at humanitarian reasons. See our guide on which appeal route applies.

Why this needs a lawyer

One lawyer, one file, every step:

• deciding whether the conjugal category is right, or whether another fits better;
• documenting the barrier with law and evidence;
• building relationship evidence that covers the full year and more;
• an appeal to the Immigration Appeal Division if the sponsorship is refused.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

Mistakes I have seen

• I have seen couples apply as conjugal partners when they could have married, and be refused for that reason.
• I have seen applications that proved the relationship but never explained the barrier.
• I have seen couples send evidence from only the last few months of a relationship that was years long.

Frequently asked questions

Can my partner be in Canada for a conjugal sponsorship?

The definition requires the partner to be living outside Canada. A partner in Canada usually needs to look at the spouse or common-law categories.

Do we need to have met in person?

A conjugal relationship has the features of a marriage, which in practice requires time together in person. Online contact alone is unlikely to be enough.

How long do we need to have been together?

At least one year in a conjugal relationship, under the definition in s. 2 of the Regulations.

Can same-sex couples use this category?

Yes. IRCC’s instructions specifically include couples who can’t marry because same-sex marriage isn’t recognized where the partner lives.

Is a conjugal sponsorship harder than a spousal one?

It usually needs more evidence, because you must prove both the relationship and the barrier.

Related guides

See our guides on common-law partner sponsorship, an inland spousal sponsorship with no acknowledgment of receipt and sponsoring a new spouse after separation.

What should I do right now?

Write down why you could not marry or live together, and gather proof of it. Then collect evidence of the relationship for its whole length, and get advice on whether conjugal is the right category before you apply.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• Immigration and Refugee Protection Regulations, s. 1 and s. 2
• IRCC: Conjugal relationships (modified July 4, 2023)
• IRCC: Sponsor your spouse, partner or children: who can apply (modified June 23, 2026)

This article is general information, not legal advice. Every case depends on its own facts.