Conjugal partners

[armoured]

Thanks for such useful information. I wonder for OP's case, if they meet the requirements of conjugal when she did apply, they still could be approved even her partner is currently in Canada now? The decision should be made on the condition when you applied right? As I can see IRCC web clearly says open work permit is available for spouse, common-law and conjugal partner if they are reside in Canada now. This kind of tells me that the conjugal partner could be in Canada after the submission of the application. What's your thoughts?

It's a good question and I don't know. I tend to think more or less what @scylla has stated, I'm not sure they would decide it was a valid app at the time of filing.

Your question about why they have it on the website for OWP validity is a good one. My gut would be they just didn't have a reason to formally say it didn't apply to conjugal - and they probably could come up with a few instances where it might apply (eg a PH citizen who can't get divorced and for some reason cannot stay in Canada long enough to become common law).

The other possibility - reasonable here - is since IRCC introduced the 'new' family reunification policy in May (under previous minister), hypothetically they might grant TRV to a conjugal applicant who had previously been refused a TRV. (Arguably they should in some instances). But the reality is, we haven't seen enough TRVs issued under the new policy to say whether that's a likelihood.

Which is more or less what you asked here:

I am just wondering the decision should be made based on the condition when they submitted the application or whenever.
For example, someone met the conjugal requirements, (had refused TRV, can't get married...etc). But after submitting, she got her trv approved(first time refused before submitting, second time approved after submitting) ，would this destroy the original conjugal application?

My gut reaction is this should not 'destroy the original conjugal application'. But don't know.

I still think the path I suggested above for OP is the safest (but again - different sitaution), but yeah - it's not entirely clear.

In your case - from what I understood - by all means apply for TRV again after AOR and let's see what happens.

 

[Wildbeauty]

Hello everybody, I’m in 8months now from submited application for conjugal, passed bio and passed medical but not a single word from ircc, does anybody know will they refuse application from that long? Thanks for the answer.

 

[scylla]

Hello everybody, I’m in 8months now from submited application for conjugal, passed bio and passed medical but not a single word from ircc, does anybody know will they refuse application from that long? Thanks for the answer.

Applications can be refused at any time, even after many months of processing or even after a year. Hopefully not the case for your application.

 

[Wildbeauty]

Applications can be refused at any time, even after many months of processing or even after a year. Hopefully not the case for your application.

Thanks for the answer, And even after the medical passed? Eligibility not started yet background chek in progress

 

[scylla]

Thanks for the answer, And even after the medical passed? Eligibility not started yet background chek in progress

Yes, absolutely. The medical doesn't mean your application has been approved. Medical happens early in the process. Eligibility is probably the most important step in the application processing. This is where they assess your relationship and determine if you meet the requirements of the program. It's also possible to be refused as a result of other stages.

 

[Wildbeauty]

Yes, absolutely. The medical doesn't mean your application has been approved. Medical happens early in the process. Eligibility is probably the most important step in the application processing. This is where they assess your relationship and determine if you meet the requirements of the program. It's also possible to be refused as a result of other stages.

Thanks! So just sit tight and wait for the pre arrival.

 

[scylla]

Thanks! So just sit tight and wait for the pre arrival.

Pre-arrival doesn't guarantee approval. What you are waiting for is the actual passport request.

 

[T0pubo]

We are a lesbian couple and wasn’t able to get marry in Jamaica. I am a Canadian citizen and she is Jamaican who didn’t have a visa at the time of application.

As a lesbian couple, you will be approved. The other commenter assumed you were male.

 

[scylla]

As a lesbian couple, you will be approved. The other commenter assumed you were male.

I didn't actually. I understood they were female. Again, the potential challenge I see with the application is that there was no attempt to try to obtain a Canadian TRV before submitting the conjugal application. It's possible IRCC may not care but also possible they might.

 

[Wildbeauty]

Pre-arrival doesn't guarantee approval. What you are waiting for is the actual passport request.

It’s almost 9 months

 

[ydd0713]

Our application was refused last year. I am naturalized canadian and my partner is a filipina. She has refused TRV. Ordered GCMS notes and officer has no issue with relationship, but refused because of economic reason. We are re applying next month with the lawyer.

 

[Jvisa]

@scylla @armoured I recently found out when filling 5406 additionally family in IRCC PR portal, the martial status in the dropdown menu for the applicant has no option of "Conjugal", we had to choose as "Single". For the martial status for the conjugal partner (which is the sponsor), the dropdown menu had no option of conjugal or single, we had to choose unknown. But when I download the 5406 PDF form, the dropdown menu did have the option of "conjugal" for both applicant and the conjugal parter's martial status section. I wonder if I need to submit another 5406 form though webform to update this information. Even though I don't know why online portal does not has that option. (I double checked today, online portal did not have this martial status option of conjugal).

 

[scylla]

@scylla @armoured I recently found out when filling 5406 additionally family in IRCC PR portal, the martial status in the dropdown menu for the applicant has no option of "Conjugal", we had to choose as "Single". For the martial status for the conjugal partner (which is the sponsor), the dropdown menu had no option of conjugal or single, we had to choose unknown. But when I download the 5406 PDF form, the dropdown menu did have the option of "conjugal" for both applicant and the conjugal parter's martial status section. I wonder if I need to submit another 5406 form though webform to update this information. Even though I don't know why online portal does not has that option. (I double checked today, online portal did not have this martial status option of conjugal).

I can't comment. I'm not familiar enough with the online forms.

 

[armoured]

I can't comment. I'm not familiar enough with the online forms.

Me neither.

 

[Peta876]

guys my application was approved and my partner is now a PR without the application withdrawal.