Hi. is it ok to have my conjugal partner sign the forms in her country and scan and copy them and send them to me or do the forms need to be signed by her in ink and have the original sent by post to me. whats the difference?
forms needing to be signed : conjugal class
- Thread starter Kristianfromcanada
- Start date
Have to be signed with a wet signature (by hand).
Difference is that they want them signed by hand, not online.
Also are you sure that you have read into applying conjugal enough? Its a very tough class to actually apply and be approved in.
What is your barrier to becoming married or common-law with your partner?
we are applying under this class because i cant divorce my ex because of court and custody trial that needs to happen. i have my lawyer in an email (which ive printed for my application) state all the things that need to be accomplished before a divorce can happen. our courts are back logged up to 1.5 years and that is just to get in and not including everything else. realistically we could be looking at another 2+ years. trying to divorce my ex for 4.5 years and been with my girlfriend from abroad for 4 years. she is currently raising our kid without me. she cannot travel to Canada without a trv and that was denied as the immigration officer stated that she cannot prove shell go back to her country at the end of her stay. our son has a Canadian passport already.
You can always get divorced from your spouse using the Canadian system, you don't need to use system from your home country.
Then you would be free to get married to your current partner in some other country even if your home country doesn't accept the divorce.
IRCC may accept your reasons to approve a conjugal app, or they may state you need to go through the legal divorce process first and only apply when you can get married. Or if you have a passport from home country still, they may think you should live there 12 months to become common-law. So while a conjugal app has a chance to succeed, you should know it's still very risky.
Then you would be free to get married to your current partner in some other country even if your home country doesn't accept the divorce.
IRCC may accept your reasons to approve a conjugal app, or they may state you need to go through the legal divorce process first and only apply when you can get married. Or if you have a passport from home country still, they may think you should live there 12 months to become common-law. So while a conjugal app has a chance to succeed, you should know it's still very risky.
Thanks for your response man. I am referring to try to get a divorce through the Canadian system as I was married to a Canadian woman. If this were most other countries we would probably be divorced. It takes forever. Also the consultant I was using also used a cover letter citing humanitarian and compassionate notes because my girlfriend doesn't live in the safest part of Ukraine ( it borders Russia where there is a civil conflict and our boy is being raised without his dad)
Unfortunately those reasons will probably not be accepted. Your girlfriend and child could move to another area of the Ukraine and we have seen many cases where a parent has been separated from a child. I would expect normal processing time and I also think that filing under conjugal is a big risk. The slow pace of your divorce does not mean you can't get married it just means your marriage will be delayed. Many Canadian divorces don't take that long. All depends on whether both parties are willing to compromise and move on.
Firstly thanks for the response. i have been told by an immigration lawyer and 2 iccrc consultant that for reasons i mentioned above constitutes a legal barrier, additionally cic cant force you to be married an the undertaking for sponsorship is the same for married couples so whats the difference? A parent being separated from a child is less than ideal and he is Canadian. If she was granted the trv we would be applying inland, After I get my AOR and or UCI number were under advisement apply for
a dual intent trv. Some divorces do take this long and your right about compromise and negotiation but if oner person digs their heels in then it create no movement for the person that is willing, ready and able. Someone that I know just got divorced and it took 10 years , yes 10 years. Another couple I know are already on year 3.5 with no end in sight. The backlog just adds insult to injury. The h and c notes on the cover page doesn't mean this is an h and c case but they still have to consider it . She owns an apartment their and her mother who is a major supporter of hers in there as well. Life isnt easy there to where you can just relocate. Ive been with my lady now for 4 years and can prove everything. Its probably just best for the cic officer to approve it. or at least were optimistic. Thanks again for your time in responding
Right they can't force you to get married, However the manuals are very clear that if a couple is not married, they must be common-law. And if they can't become common-law, then conjugal is only an option if marriage is legally impossible to do.
So the only question in your case is if the visa officer will consider your reasons for not getting divorce, as a legal barrier. What we are saying is that since spouses in Canada get divorced all the time, there is actually no legal barrier, it will simply take time to finalize.
The visa officer processing your app will use their own discretion in determining your reasons for applying conjugal. Yes they will consider any evidence you submit including H&C reasons, but it's completely up to them if those H&C reasons will help get your conjugal app accepted. H&C reasons don't necessarily make up the legal/immigration reasons for not waiting to get married or becoming common-law. So in other words, you need to really hope you get a compassionate and lenient visa officer!
Actually the conjugal class of app does not exist for inland. Since someone already inside Canada, would have no barrier to marriage or common-law. So if she got a TRV approved, if your divorce process was still very delayed you would need to live with her 1 continuous year before being eligible to apply inland.
From the OP manuals: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
"The conjugal partner category applies only to the family class and only to a foreign national sponsored by a Canadian citizen or permanent resident living in Canada. This category does not apply to the spouse or common-law partner in Canada class as the exception would not be required in Canada."
12/10/2017
Dear Immigration Officer,
I am writing this letter to explain why Sofia and I cannot live together.
I cannot live in Ukraine with Sofia to apply under common law because I have kids here I support and they would endure hardship not having me in there lives. I separated from my wife in July 2013. I am unable to obtain a divorce because of ongoing litigation with regards to child custody. The ex wife isn't agreeing to any offers anyone of my lawyers I've had in 4 years and is hoping to get this in front of a Judge to where she thinks the 'winner takes all' approach. As it states in a discussion between my current lawyer and I (included in our application) it seems as though trial is likely to occur. With the backlogs in our legal system in Alberta its estimated that just to get into court is approximately 1.5 years. This doesn't include adjournments or anything else that the court could request in the process. IE. Psychological assessments, home assessment and parenting assessment. With the way things are going it could very well be another 3 years before I get the divorce decree which is way to long for our family to be apart (I have included billing from my original lawyer to show when divorce proceeding started. RE: Oct 2013 Jack Boudreau was my lawyer) Also recent communication showing what needs to be settled. Re: Michelle Karasinksi emails) I miss my family in Ukraine and our Canadian son Tristan and my Ukrainian daughter Dasha are being raised in a single parent environment that surely would benefit with supports from Mum and Dad. Additionally Sofia isn't in the safest location in Ukraine; it borders Russia in the east where part of her province has been invaded by Russia to support and armed uprising that has cost over 10000 lives. Although only small arms are being used daily its still volatile. I worry about that conflict moving just 20km to the west where Sofia lives.
Sofia and I tried to get a TRV in August 2014 while her mom was on vacation from work and could take care of Dasha so Sofia could come to Canada to visit me for about a month. Our application was refused because as the Immigration Officer stated that we were unable to prove Sofia would return home at the end of her stay because of her employment situation and that unless there was a change in her situation to not reapply (the refusal is also included in our application) The only thing that has changed since then is she aquired a property her Grandma gave her after she passed on.
I am told conjugal class is a difficult class to get approved for and if there were any other way that we could go we would be, for this reason I am happy Canada has a conjugal class to apply to. Thank you for your consideration in our lives.
Kind Regards,
Kristian
That is my explaination to the imm Officer. Is there anything that I forgot to add to make this explanation stronger?
Thanks a lot for all your feedback, its super appreciated
To be honest, your case has very slim chance to be approved. Certainly you can try, it will fell into the particular Visa Officer's discretion to determine if you are qualified or not. But just by the wording of defining conjugal sponsorship, I don't see how your case can be approved, because there isn't any legal barrier between you and her to get married or being common law.
Don't think there is much more you can add. As many have stated, there is a good chance the visa officer may still decide an extended divorce process in Canada doesn't warrant a true legal barrier that would allow you to qualify for a conjugal app. However the visa officer can use their own discretion and you really need to hope you get a nicer more compassionate officer.
I have seen several cases on this forum that I thought had no chances of success, end up being approved.
Just make sure you have a back-up plan in the worst case scenario that the app is rejected. You would need to decide if you wanted to appeal and try your H&C reasons with an appeals board, or wait until you can get married/common-law and try again.
Thanks!.
I've noticed that i can apply for a visitor visa for longer than 6 months and online. Would it be more advisable for us to use this strategy rather than the conjugal. Should we be forthright and transparent in our intentions?
You had mentioned she was already refused for a visitor visa once, so unless her situation has changed (i.e. more international travel, more ties to home country, etc), applying for another one would most likely just end in refusal again. Although I've heard some people do try a few times and are eventually successful. Especially if you tell them she intends to stay in Canada long term, that will practically guarantee the rejection. One should never mention in a TRV app they intend to stay more than a few months.
When someone gets a TRV approved and comes to Canada, once inside Canada they can apply to extend their status. People often do this to achieve the 12 months required for common-law qualifying. What you originally requested in applying for the TRV is not relevant anymore, since your intentions can change after arriving in Canada.
A common-law app would have a much better chance of succeeding vs a conjugal app, but this will require the TRV being approved and a request for visitor extension being approved, both of which may not happen. So common-law may not be a feasible option for you at all.