2 Prong Conjunctive And 2 Prong Disjunctive Test Difference

[Onkar]

I have heard that before 2010, there was a “2 prong conjunctive test” and now it has changed to a “2 prong disjunctive test” in respect to refusal of spousal sponsorship applications. What is the difference between the two?

[Rajpal (Admin)]

In spousal sponsorships, as per the previous 2 prong conjunctive test, the visa officer must have established BOTH of the following elements in order to refuse a spousal sponsorship application:

1 ) Establish that the marriage, common-law, or conjugal relationship is not genuine;

2 ) Establish that the relationship was entered into primarily to acquire status in Canada

The 2 prong conjunctive test was later replaced with the 2 prong disjunctive test in which the officer has to establish only ONE of the following elements in order to refuse a spousal sponsorship application:

1 ) Establish that the marriage, common-law, or conjugal relationship is not genuine;

2 ) Establish that the relationship was entered into primarily to acquire status in Canada

In comparison of the tests, the 2 prong conjunctive made it more stringent for the visa officer to refuse a spousal sponsorship application because they had a greater onus to establish both elements. On the contrary, in the 2 prong disjunctive, the visa officer is able to refuse a spousal sponsorship application easier because the onus has lessened for the officer.