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2 Prong Conjunctive And 2 Prong Disjunctive Test Difference
updated 5 years, 1 month ago
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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.
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