Approved - Conjugal Partner Relationship

[maryan_28]

Hi everyone,

May i ask please who among us here have already been approved by applying as partners in a conjugal partner relationship?


Thank you very much.

 

[IT71]

Hi Maryan_28

I have been approved as conjugal partner. My application is in progress

Regards

 

[Splinterz420]

depends what you mean...I sponsored for the application all of that was approved, however the Visa Officer refused the application so now to IAD

 

[IT71]

Hi,

to clarigy I have been approved as sponsor at the moment so I cannot say anything about final approval.

Splinterz420: which visa office denied your visa? what was the reason (if you want to share)?

thanks

 

[JRS]

We have just submitted our application for Conjugal partner PR visa, still waiting to hear back..

 

[Splinterz420]

RABAT -- MOROCCO...Im gonna tell you know I hope your application has no holes even if it doesn't the Visa Officers are known to ignore evidence and simply ignore the truth. The common reasons for denial not a genuine relationship/entered solely for the visa, description of our relationship was more friendly, didn't demonstrate common projects/goals (we want to start a family, travel the world together, own property, start a Moroccan restaurant together)...evidence was ignored in my situation I have two life insurance policies (him as main beneficiary), American Express Credit Cards together on 1 account, money transfers. letters, chat history (thicker then The Lord of the Rings trilogy), two vacations together with evidence. The conjugal category is meant for certain criteria. Which we follow because of the immigration barrier and the legal status of homosexuality in Morocco. This category was designed for someone in my situation. If not for the immigration barrier we would be common law or more by now as we have been in a relationship for six years.

A conjugal partner is a foreign national residing outside Canada who is in a conjugal relationship with a sponsor for at least one year (yeap check), but could not live with the sponsor as a couple(yeap check). This term applies to both heterosexual and homosexual couples. This category was established for partners of sponsors who normally would present an application as spouse or common-law partner but cannot due to circumstances beyond their control (e. g., immigration barrier (yeap visitor visa reguired for Moroccans), religious reasons (absolutely check on my part and his) or sexual orientation (once again check)). Thus, they could not live together for a period of at least one year.(exactly check)

In most cases, the foreign partner is also not able to legally marry their sponsor and qualify as a spouse(yeap check its illegal in Morocco). In all other respects, the couple is similar to a common-law couple or a married couple, meaning they have been in a bona fide (genuine) conjugal relationship (yeap check thats why I have him on my life insurance and have credit together and support him all the time) for a period of at least one year.

However, a significant degree of attachment (yeap have to see and talk to him pretty much daily if not I know where he is/his schedule and he knows I will call otherwise) and mutually interdependence between both partners must be demonstrated (In an interdependent relationship, participants may be emotionally, economically, ecologically and/or morally reliant on and responsible to each other...check on the emotionally and morally reliant for sure economically I would agree with as well but I do not understand ecologically so I am not sure if we apply to that. They must also provide proof of the obstacles or restrictions that prevent cohabitation or marriage.(yes check the law in Morocco prevents it)

So go through this definition and be sure it is for you as well. I am now in the appeal process apparently the IRB treat ppl a bit more fairly.
canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.0.html info about appeals here

Supreme Court Case - Google Search "IAD Conjugal" A PDF will be top link with some really good information starting Page 13

[59] Molodowich v. Penttinen (1980), 17 R.F.L. (2d) 376 (Ont. Dist. Ct.), sets out
the generally accepted characteristics of a conjugal relationship. They include
shared shelter, sexual and personal behaviour, services, social activities,
economic support and children, as well as the societal perception of the couple.
However, it was recognised that these elements may be present in varying degrees
and not all are necessary for the relationship to be found to be conjugal. While it
is true that there may not be any consensus as to the societal perception of samesex
couples, there is agreement that same-sex couples share many other
"conjugal" characteristics. In order to come within the definition, neither
opposite-sex couples nor same-sex couples are required to fit precisely the
traditional marital model to demonstrate that the relationship is "conjugal".

 

[JRS]

very good information, I will also read this. Thanks!

 

[annjo]

Hi Maryan_28

Did you apply for conjugal sponsorship any news on your application?

I'm completing all required documents and went to an agency to help me out.

Thank you

 

[annjo]

We have just submitted our application for Conjugal partner PR visa, still waiting to hear back..

Any news on your application?

 

[Rob_TO]

Hi Maryan_28

Did you apply for conjugal sponsorship any news on your application?

I'm completing all required documents and went to an agency to help me out.

Thank you

What is your reason for applying as conjugal, and not as married or common-law? If you explain more details, you will get more useful advise.

 

[annjo]

I

What is your reason for applying as conjugal, and not as married or common-law? If you explain more details, you will get more useful advise.

I'm living in Canada for 5 years my boyfriend of 2 years is in the Philippines. He is married but separated from wife. We also had shared property in the Philippines. Aside from the letters, remittances and insurance. Hope this could help.

 

[Miraclejj]

I


I'm living in Canada for 5 years my boyfriend of 2 years is in the Philippines. He is married but separated from wife. We also had shared property in the Philippines. Aside from the letters, remittances and insurance. Hope this could help.

Unfortunately, the situation like yours won't qualify as conjugal. You are looking at a certain denial of your application. Because you guys do have other options to either get married or live together for 12 months consecutively to be qualified as common law.

 

[Rob_TO]

I'm living in Canada for 5 years my boyfriend of 2 years is in the Philippines. He is married but separated from wife. We also had shared property in the Philippines. Aside from the letters, remittances and insurance. Hope this could help.

Since divorce is illegal in Philippines, as is living with someone that is married, you have reasonable barriers to marriage/common-law so a conjugal app would have good chance of success.

You will need to provide lots of evidence that a conjugal relationship exists. Review this OP manual for the proofs of conjugal relationship IRCC is looking for: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.25. Characteristics of conjugal relationships

 

[kcward7]

Unfortunately, the situation like yours won't qualify as conjugal. You are looking at a certain denial of your application. Because you guys do have other options to either get married or live together for 12 months consecutively to be qualified as common law.

Was going to point out Rob's point above which you should read - it's important to research responses or do not answer if you're unsure before responding. The situation described is actually a classic and I would even say one of the most common cases for a potentially successful conjugal application that is asked about in this forum

 

[Miraclejj]

Was going to point out Rob's point above which you should read - it's important to research responses or do not answer if you're unsure before responding. The situation described is actually a classic and I would even say one of the most common cases for a potentially successful conjugal application that is asked about in this forum

Well, the key word in OP's post is "separated from his wife", so the OP's boyfriend can get an annulment (Sure, it is a long process, but it can be done), then the OP can go back to Philippines to live with his/her boyfriend for 12 months consecutively and be qualified as Common Law or go to other country, such as Canada, to get married, Can the OP? Also, even divorce in Philippines is illegal, they can actually file to the court to get an annulment. So where is the immigration barrier existed?