Conjugal Partnership Between seafarers
- Thread starter A.magri41
- Start date
Also, in regards to the procedural fairness, IRCC asked for us to provide additional information about:
1. How we are mutually interdependent (because we don’t share finances), we explained we are socially and emotionally.
2. Why we have chosen not to live together. Here we explained that we do live togerher, but we can be separated at times, and that he doesn’t seem eligible to come to Canada longer than a visitor eta which is for 6 months. We explained how long we lived together and the difficulties of providing documents like shared leases and bills.
3. Documents showing we cohabited. We sent all air bnb recepits, family testimonials, friends testimonials, a testimonial from all my other roommates, system showing our names in same cabin, photos of our shared rooms and air Bnbs, and a testimonial from the ships accommodation manager.
That is all they asked us for. Basically at the time I got the letter, I understood that they thought we were just dating and not una serious enough relationship. I was assuming that they just wanted to see that we were more serious than our application made is appear.
They mentioned we have not tried to get a work permit or visito record, but then didn’t ask us to clarify on that.
1. How we are mutually interdependent (because we don’t share finances), we explained we are socially and emotionally.
2. Why we have chosen not to live together. Here we explained that we do live togerher, but we can be separated at times, and that he doesn’t seem eligible to come to Canada longer than a visitor eta which is for 6 months. We explained how long we lived together and the difficulties of providing documents like shared leases and bills.
3. Documents showing we cohabited. We sent all air bnb recepits, family testimonials, friends testimonials, a testimonial from all my other roommates, system showing our names in same cabin, photos of our shared rooms and air Bnbs, and a testimonial from the ships accommodation manager.
That is all they asked us for. Basically at the time I got the letter, I understood that they thought we were just dating and not una serious enough relationship. I was assuming that they just wanted to see that we were more serious than our application made is appear.
They mentioned we have not tried to get a work permit or visito record, but then didn’t ask us to clarify on that.
Yes you can request it, it's up to visa officer if they actually consider it or instead simply reject the conjugal app and tell you to re-apply as common-law.
https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/op/op02-eng.pdf
5.51. Switching categories between spouses, common-law partners and conjugal partners
Note that many people do very small court room/legal weddings only with limited or no family to get married on paper, and have no problems getting approved. It all depends on length and details of the relationship in general before getting married. Personally I can't see how a conjugal app can succeed when you do intend to get married someday, marriage is so easy to do right now, yet you are simply choosing not to for personal reasons. Of course ultimately the final decision is entirely up to the visa officer.
Would be interesting to see the exact wording of your procedural fairness letter. Usually in these situations the roadblock is not the relationship istelf, but the legal barriers to becoming married or common-law. What you've described are difficulties that can possibly be overcome, not barriers. As was stated before, many applicants stay in Canada for 1 year as a visitor and unable to work in order to become common-law.
And after those six months, he can get another six month extension to make it a year. This is how people do it when they aim for common law applications. I also don't think you'd have much of an issue proving you were already common law. You have the papers from your ship, you could have a few people additionally write letters and you would also write a letter yourself explaining the situation fully. That's why they always say, "Provide these documents and if you can't provide them, explain why." Pretty easy to explain why you don't have joint electricity bills or whatever if you lived on a ship at sea.
He can also come to Canada as a visitor, get married and then apply outland or inland. With inland, he'd have to wait 3-4 months til he got his open work permit, after which he'd be able to work while the app is being processed.
I'm not sure why you're coming to a forum with thousands of pages of people going through every facet of Canadian Immigration under the pretense of asking for help and then disagreeing when people tell you that you're misunderstanding something. You have no barriers to getting married. You could get married today on your ship or at a courthouse or wherever. The idea that they will refuse you for a simple ceremony without family is wrong, as people have already told you. People do it all the time. At the very core, these are relationships between people from different countries, many times continents. It follows from that that most couples won't be able to organize weddings attended by a bunch of their relatives.
Canadian Immigration isn't run by robots or idiots, they understand these things.
Regardless, you have no barrier to getting married and applying that way. And also if you really don't wanna get married, then you also have no barrier to common law since he can stay in Canada for a year (6 months regular and a 6 month extension.) The latter, of course, you have to be able to afford, but not being able to afford it isn't seen as a barrier from the Immigration's POV. Not to mention that you already do have common law if you decide to go ahead and apply based on your ship cohabitation.
I just mean that if commonlaw2018 said is the truth. (That you became a PR in 2018 without declaring your spouse as common-law while you were living together)
But since it isn't true (you are a Canadian citizen), you don't have to worry.
Maybe I will copy and paste the wording when I have a chance.
Live in Canada for one year as a visitor? Rather get married in court lol!
Thank you
Live in Canada for one year as a visitor? Rather get married in court lol!
Thank you
Thank you, I think we are planning to talk about a court marriage shortly, when I see him again in a few weeks. However, I’m going to Italy. Would a marriage certificate there be okay you think as well?
As far as a visitor for a year, I don’t think he could sit there and not work for all that time. And yes, it’s something we probably can’t afford as well.
I haven’t seen any information on open work permits regarding a common law that lives in Canada. Do you think he can apply to Rome VO for an open work permit? We haven’t really looked into it too much, and I haven’t found any information regarding it. If you have a have a common law spouse who lives in Canada, is it possible to get an open work permit?
As previously noted, we became common law after the application was sent in.
As far as a visitor for a year, I don’t think he could sit there and not work for all that time. And yes, it’s something we probably can’t afford as well.
I haven’t seen any information on open work permits regarding a common law that lives in Canada. Do you think he can apply to Rome VO for an open work permit? We haven’t really looked into it too much, and I haven’t found any information regarding it. If you have a have a common law spouse who lives in Canada, is it possible to get an open work permit?
As previously noted, we became common law after the application was sent in.
If you are already common-law, then in order to get a work permit he would first need to come to Canada as a visitor, and then you must submit a brand new INLAND PR application along with the Open Work Permit application. The open work permit would arrive approx 3-4 months later.
This is the only way, an outland PR app or one submitted from any other country can't include open work permit with it.
Yes, you can get married anywhere, it doesn't have to be in Canada. If you get married in Italy and get your certificate there, you'll just have to have it translated (you will need official notarized translations for important documents, like the certificate, his Italian police check and the like) before sending it in.
You cannot apply for a work permit from outside of Canada or as part of an outland application. Open work permits are just for those applying inland (the idea being so you don't have to sit there in Canada for the whole duration of the process without being able to leave, but also unable to work.) He would get the permit 3-4 months after applying (you send the PR app and the OWP app together in the same package.)
You can see some info on it here: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1163&top=17&_ga=2.30945599.1058215254.1515683672-398553318.1515525858 and you can see they specify it's for those applying as a spouse or common law partner in-Canada class (inland).
I would just wait until your conjugal app is refused and then reapply under a correct and fitting class, depending on what you decide to do (married or common law, inland or outland).
Usually a pre-arrival services letter means that eligibility passed. So yes looks like a good news.