Dear Mr Brown:

I am engaged to my fiancé who lives in Canada. He filed for me to join him in Canada and I was turned down for not being a member of the family class. We have been engaged for over a year. I do not understand the decision. Please assist us.

— PM

Dear PM:

Without additional details, it is difficult to assess the entire case. However, based on the language you used to describe your situation, I suspect that at least one of the reasons is that as a fiancé, you have not established that you are in a common-law (or conjugal relationship) with your partner.

A relationship of marriage is established from the day the marriage is legally valid. The principle of marriage is usually understood in the context of immigration, ie a Canadian citizen or permanent resident is eligible to file for a spouse. As such, I will focus on matters of common-law partners and engaged couples.

Common-law relationship

A common-law relationship entails a combination of the following characteristics:

* Shared shelter;

* Sexual and personal behaviour, such as commitment and fidelity;

* Shared services, such as household chores;

* Social activities, such as behaving as a couple in the community and with their families;

* Economic support, such as financial arrangement and property ownership;

* Shared responsibility for raising children; and

* The general societal perception of the two as a couple.

In other words, there must be some degree of permanence, interdependence and commitment in the relationship. The relationship must be exclusive (monogamous), intimate and a mutual commitment to a shared life. The couple must subjectively present themselves as being a couple and should be objectively seen by others as being a couple.

Please note that in a common-law relationship, there is no single point in time at which a commitment is established. It is the passage of time together, and the building of intimacy and emotional ties and financial ties that is important. It includes acts, such as becoming the beneficiaries of insurance policies or estates, joint ownership of possessions, and joint expenses or sharing of income.

The term “cohabitation” refers to a couple who are living together. The affairs of the couple have been combined to establish a household in one dwelling. To be considered common-law partners, you must have cohabited for at least one year.

Canadian citizens and permanent residents may sponsor common-law partners.

Engaged couples

An engagement deals with the intention of two individuals to establish and maintain a conjugal relationship, as opposed to a marriage or common-law partnership in which the financial, emotional and physical interdependence have already been established.

It is also important to note that Canadian citizens and permanent residents cannot sponsor their fiancés, as there is no fiancé(e) category under Canadian Immigration. A couple must be married or in a common-law relationship to be eligible for sponsorship.

In any case, an immigration officer usually gives an explanation for the reason your application is denied. Please contact me should you need any further clarification.

For further information visit jamaica2canada.com.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC is an immigration counsel, education agent and managing director of Jamaica2canada.com — a Canadian immigration and education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com.