Regulation 125 — Conjugal partners
Text of provision
(1) A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if
(a) [Repealed, SOR/2023-249, s. 7]
(b) the foreign national is the sponsor’s spouse or common-law partner, the sponsor has an existing sponsorship undertaking in respect of a spouse or common-law partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended;
(c) the foreign national is the sponsor’s spouse and
(i) the sponsor or the spouse was, at the time of their marriage, the spouse of another person, or
(ii) the sponsor has lived separate and apart from the foreign national for at least one year and
(c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was married to a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law; or
(d) subject to subsection (2), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
(2) Subject to subsection (3), paragraph (1)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.
(3) Paragraph (1)(d) applies in respect of a foreign national referred to in subsection (2) if an officer determines that, at the time of the application referred to in that paragraph,
(a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or
(b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.
(4) In subsection (2), former Act has the same meaning as in section 187 of the Act.
Plain English
Regulation 125 provides that a conjugal partner is a foreign national in a conjugal relationship with a Canadian citizen or permanent resident of at least one year who cannot live with the sponsor in Canada as a conjugal partner or cohabit in a common-law relationship due to an immigration impediment or other barrier beyond their control.
Conjugal partner is not available where the parties simply choose not to live together — the inability to cohabit must be due to circumstances beyond their control (e.g., visa refusal, home country restrictions on same-sex relationships, family obligations).
Practical effect
The conjugal partner category is a narrow exception category used where the relationship genuinely cannot be formalised through marriage or cohabitation. It is more commonly used by same-sex couples from countries where same-sex marriage is not available and where cohabitation would expose them to criminal or social harm. The requirements for a genuine conjugal relationship (commitment equivalent to marriage without the ability to live together) must be substantiated with documentary evidence.