Liu v. Canada (Citizenship and Immigration), 2024 FC 2001 : Shared Shelter Alone Does Not Establish a Conjugal Relationship for Common-Law Status- Federal Court

In Liu v. Canada (Citizenship and Immigration), 2024 FC 2001, the Federal Court allowed judicial review of a refusal of permanent residence under the Spouse or Common-Law Partner in Canada Class (SCLPC). The Officer concluded that the Applicant and Sponsor had been in a conjugal relationship for at least one year and that the Applicant was therefore an undeclared family member under paragraph 125(1)(d) of the Immigration and Refugee Protection Regulations (IRPR). The Court found that the Officer relied almost exclusively on shared residence and failed to properly analyze the other factors relevant to determining whether a conjugal relationship existed.

Background

The Applicant, a Chinese citizen, married his Sponsor on June 26, 2022, and subsequently applied for permanent residence under the SCLPC. The Sponsor had previously obtained permanent residence but had declared herself single and had not identified the Applicant as a family member. The Officer therefore raised concerns that the Applicant was excluded from the SCLPC under paragraph 125(1)(d).

The Applicant argued that although he and the Sponsor had lived together in China and Canada, they were not in a conjugal relationship before their marriage. He relied on evidence that they were not committed to a permanent spousal relationship, were not perceived as spouses by their families or community, had no children, and did not share finances or support one another.

Key Principles

• Shared Shelter Alone Does Not Establish a Conjugal Relationship

The definition of a common-law partner requires cohabitation in a conjugal relationship for at least one year. Simply living under the same roof does not automatically establish common-law status.

• The M v H Factors Must Be Properly Considered

The assessment of a conjugal relationship requires consideration of factors such as shared shelter, sexual and personal behaviour, services, social activities, economic support, children, and societal perception. These factors may exist in varying degrees, and not every factor must be present.

Court Findings

• The Officer Focused Almost Exclusively on Shared Residence

The Court found that the Officer’s analysis focused primarily on the fact that the Applicant and Sponsor had shared accommodation in China and Canada. Although the Officer mentioned other M v H factors, there was virtually no analysis of them.

• The Officer Failed to Engage With Contrary Evidence

The Applicant had specifically argued that the couple did not consider themselves spouses before marriage, were not perceived as a couple by their community or families, had no children, and did not share finances or provide mutual economic support. The Officer failed to explain how this evidence was assessed under the M v H framework.

• Reasons Must Explain Why the Relationship Was Conjugal

The Court emphasized that adequate reasons must demonstrate that the decision-maker understood the issues raised by the evidence and explain why the decision was reached. The Officer’s brief conclusion that the couple demonstrated “personal behaviour,” “shared services,” and other factors was insufficient because the reasons did not explain the evidentiary basis for those findings.

• “Living Together” and “Cohabiting in a Conjugal Relationship” Are Distinct

The Court also observed that the wording of IMM 5532 may create confusion because one question asks how long applicants have been “cohabiting (living together),” while another asks about periods of living together after the conjugal relationship began. The distinction is important because an applicant may physically reside with another person without being in a common-law relationship.

Outcome

The Federal Court allowed the application for judicial review and sent the matter back to a different officer for redetermination. No question for certification arose.

Case Citation

Liu v. Canada (Citizenship and Immigration), 2024 FC 2001 (CanLII)