EXCERPT FROM LEGAL SERVICES CHAPTER 6 BAD FAITH FAMILY RELATIONSHIPS - SPONSORSHIP APPEALS DOCUMENT DATED JANUARY 1, 2008 - PAGE 18 In unique circumstances (Usually where a sponsor and applicant genuinely believe that they are validly married but later discover there is a defect in regard to the marriage ...) and sometimes with the consent of the Minister (or on the panel's own application), the Immigration Appeal Division has "converted" a spousal application to that of a conjugal or common law partner. By treating an applicant as a conjugal or common law partner, the applicant continues to be a member of the family class and the sponsor is not required to recommence the immigration process with a new application. The Immigration Appeal Division in Tabesh concluded that if a person applies as a member of the family class as a spouse and the refusal is based on the formal validity of the marriage, it is incumbent on the visa officer to consider as well whether the person could be either a conjugal or common-law partner. A failure to do so could give rise to multiple refusals and appeals on essentially the same facts. The determination of all categories within the... Read more →