Can a sponsorship application be converted into common law or conjugal sponsorship?
Canada (Federal), Canada
The following excerpt is from Dondapaty v Canada (Citizenship and Immigration), 2013 CanLII 99700 (CA IRB):
In some circumstances where a marriage is determined to be invalid in law the sponsorship application may be converted into a common-law or conjugal sponsorship. This is sometimes referred to as a Tabesh conversion.[1] As I recently held in Khokar v. Canada (MCI),[2] however, where section 117(9)(c)(i) is involved, such a conversion will not available to a sponsor. A finding that section 117(9)(c)(i) applies removes the applicant from membership in the family class.
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