Conjugal Partner Sponsorship - Doubts

[Lucasdliz]

Hi there,

I came to Canada as a visitor in February to visit and try some schools and choose the best fit for me to apply for a study Visa inland.

During this process I met my partner who I shared my life for the last months, living together for a few.

After choosing the school that was the best fit for me and paying tuitions, I applied for a study visa inland and got denied with the reasons being the officer "did not believe I was going to leave the country".

I tried to apply again explaining my situation with letters and documents proving my ties in my home country (Brazil) but unfortunately my study visa got denied the 2nd time for the same reasons.

I've been extending my visitor visa as much as I can and I believe it's not worth anymore to keep trying to get a study visa since I believe the immigration won't change their positions about that.

I read about the conjugal partner sponsorship and from my understanding, it can solve my issue due the immigration barriers that will keep us apart, with me not being able to move to Canada (to live together and be considered a common-law partner), and her not being able to go to Brazil.

In this case I'd need to go back to Brazil, wait until our relationship becomes 1 year old and apply for that? I really don't want to marry for immigration purposes and I want to do it the right way.

Have anyone had any issues like that or applied for the conjugal partner sponsorship?

Thanks

 

[Buletruck]

Conjugal is for couples who can’t get married, not for those unwilling to get married. I’d expect a quick refusal, based on the fact that marriage is still an option now. What immigration barrier is preventing her from going to Brazil?
Just an observation, but your successive visa refusals make it look like an application of convienience, despite not wanting to marry for immigration purposes. What’s the difference between them? Your underlying reason seems to be to study in Canada.

 

[Lucasdliz]

Conjugal is for couples who can’t get married, not for those unwilling to get married. I’d expect a quick refusal, based on the fact that marriage is still an option now. What immigration barrier is preventing her from going to Brazil?
Just an observation, but your successive visa refusals make it look like an application of convienience, despite not wanting to marry for immigration purposes. What’s the difference between them? Your underlying reason seems to be to study in Canada.

Hey there, thanks for the answer!

The main reason is because I cannot stay in Canada since my visitor visa will expire soon. She wouldn't be able to move to Brazil since portuguese is the only native language which she doesn't speak, making it almost impossible to apply for anything other than a visitor visa there.

From what I read on a "manual" that canada.ca has explaining all the definitions for spouse, common-law and conjugal partner , you are not obligated to marry as an option for the visa, indeed, this option is considered a crime if used only for that purpose (illegal same-sex marriage and/or immigration barriers). And the conjugal sponsor was created for those who cannot marry or become a common-law partner (living together) for one of those reasons.

I am currently in Canada but I won't be here soon and that will make it impossible for me to get married or live together.

On my applications I never stated that I had plans to leave the country and that might be the reasons of the refusals, but at least there won't be contradictions at that point. The relationship is real and the idea of getting a visa by this way never came to my head until I got 2 denials of my study visa, which probably now remains the only option I might have to move to Canada.

Do you think this would be a hard path and I should just marry her?

 

[EJH]

Hey there, thanks for the answer!

The main reason is because I cannot stay in Canada since my visitor visa will expire soon. She wouldn't be able to move to Brazil since portuguese is the only native language which she doesn't speak, making it almost impossible to apply for anything other than a visitor visa there.

From what I read on a "manual" that canada.ca has explaining all the definitions for spouse, common-law and conjugal partner , you are not obligated to marry as an option for the visa, indeed, this option is considered a crime if used only for that purpose (illegal same-sex marriage and/or immigration barriers). And the conjugal sponsor was created for those who cannot marry or become a common-law partner (living together) for one of those reasons.

I am currently in Canada but I won't be here soon and that will make it impossible for me to get married or live together.

On my applications I never stated that I had plans to leave the country and that might be the reasons of the refusals, but at least there won't be contradictions at that point. The relationship is real and the idea of getting a visa by this way never came to my head until I got 2 denials of my study visa, which probably now remains the only option I might have to move to Canada.

Do you think this would be a hard path and I should just marry her?

This is not a reason for conjugal. Even if you can't get a study visa, you can attempt to extend your visitor visa to live together in Canada for 12 months to become common-law. Your partner not speaking the language is not an immigration barrier to her coming to Brazil, for you to live together for 12 months to become common-law.

Also, neither of these is a barrier to you being married in either country, or a third country. A short courtship and a quick marriage will be scrutinized by IRCC more so, perhaps, if it is not the cultural norm for your backgrounds. But it is not an automatic rejection, provided you prove the legitimacy of the relationship.

Conjugal is for those who face LEGAL barriers against getting married or living together. For example, a gay couple where one partner is from the Philippines. They can not live together or marry legally in the Philippines to become common law, as same sex relationships are against the law. The person is refused a visitor visa to Canada to live together or get married. This is an immigration barrier. IRCC may still ask why the couple did not travel to a third country, such as Australia, to get legally married. Conjugal is a difficult route to take.

 

[canuck_in_uk]

Hey there, thanks for the answer!

The main reason is because I cannot stay in Canada since my visitor visa will expire soon. She wouldn't be able to move to Brazil since portuguese is the only native language which she doesn't speak, making it almost impossible to apply for anything other than a visitor visa there.

From what I read on a "manual" that canada.ca has explaining all the definitions for spouse, common-law and conjugal partner , you are not obligated to marry as an option for the visa, indeed, this option is considered a crime if used only for that purpose (illegal same-sex marriage and/or immigration barriers). And the conjugal sponsor was created for those who cannot marry or become a common-law partner (living together) for one of those reasons.

I am currently in Canada but I won't be here soon and that will make it impossible for me to get married or live together.

On my applications I never stated that I had plans to leave the country and that might be the reasons of the refusals, but at least there won't be contradictions at that point. The relationship is real and the idea of getting a visa by this way never came to my head until I got 2 denials of my study visa, which probably now remains the only option I might have to move to Canada.

Do you think this would be a hard path and I should just marry her?

To give you another example of an actual conjugal app, a couple where the foreign partner is from the Philippines, is separated from their previous spouse and has been refused a TRV. Divorce and adultery are both illegal in the Philippines, so there are actual legal and immigration barriers preventing marriage and common-law in both countries.

You have no case for conjugal. There is nothing preventing you from becoming common-law or getting married.

 

[canuck_in_uk]

This is not a reason for conjugal. Even if you can't get a study visa, you can attempt to extend your visitor visa to live together in Canada for 12 months to become common-law. Your partner not speaking the language is not an immigration barrier to her coming to Brazil, for you to live together for 12 months to become common-law.

Also, neither of these is a barrier to you being married in either country, or a third country. A short courtship and a quick marriage will be scrutinized by IRCC more so, perhaps, if it is not the cultural norm for your backgrounds. But it is not an automatic rejection, provided you prove the legitimacy of the relationship.

Conjugal is for those who face LEGAL barriers against getting married or living together. For example, a gay couple where one partner is from the Philippines. They can not live together or marry legally in the Philippines to become common law, as same sex relationships are against the law. The person is refused a visitor visa to Canada to live together or get married. This is an immigration barrier. IRCC may still ask why the couple did not travel to a third country, such as Australia, to get legally married. Conjugal is a difficult route to take.

Minor clarification. Good conjugal example except that same-sex relationships in the Philippines aren't actually illegal. Also, there is no requirement to travel to a third country to marry.

 

[EJH]

Minor clarification. Good conjugal example except that same-sex relationships in the Philippines aren't actually illegal. Also, there is no requirement to travel to a third country to marry.

Awesome, thanks.

 

[canuck_in_uk]

Awesome, thanks.

For that example, it's countries like Saudi Arabia, Iran, Pakistan etc., where homosexuality is actually illegal and punishable with jail or death.

 

[Lucasdliz]

Thanks for the insight.

So, considering that I cannot get a TRV in Canada (due to refusals), would my best shot just keep trying renewing my Visitor Visa until we have 1 year living together and then apply inland for a Common-law? Or a marriage after 1 year of relationship would be a better choice?

We were planning (before all of refusals happened) to get married in the following years and moving to the countryside and that's why we didn't want to rush things for immigration purposes.

 

[canuck_in_uk]

Thanks for the insight.

So, considering that I cannot get a TRV in Canada (due to refusals), would my best shot just keep trying renewing my Visitor Visa until we have 1 year living together and then apply inland for a Common-law? Or a marriage after 1 year of relationship would be a better choice?

We were planning (before all this refusals happened) to get married in the following years and moving to the countryside and that's why we didn't want to rush things for immigration purposes.

Apply to extend your stay as a visitor. Pay the full $1040 PR fees and include that receipt with the extension app to show you are serious about applying for sponsorship.

 

[Lucasdliz]

Apply to extend your stay as a visitor. Pay the full $1040 PR fees and include that receipt with the extension app to show you are serious about applying for sponsorship.

We are still living together for only 6 months, should I apply for the Sponsorship only after we complete one year (it would be Feb 2019, applying visitor visas extensions until there) or could I do it earlier considering the processing times?

 

[Buletruck]

If you are applying common law, you can't submit until you meet the common law definition, which is one year of continuous cohabitation. If you apply before you reach that date, it will be refused.

 

[monkeys89]

On my applications I never stated that I had plans to leave the country and that might be the reasons of the refusals, but at least there won't be contradictions at that point. The relationship is real and the idea of getting a visa by this way never came to my head until I got 2 denials of my study visa, which probably now remains the only option I might have to move to Canada.

Do you think this would be a hard path and I should just marry her?

Whatever you do, do not write down your arguments like you have here. Here, your argument states that you had never considered family class sponsorship until you got otherwise refused, and that spousal sponsorship may be your only option to move to Canada. This line of arguing makes it clear that your intention is to stay in Canada, and that your spouse is a way to get there.

Your intention should be to be with your spouse, and obtaining Canadian PR is a way to be with them, but that you will leave if you are not approved.

 

[np08]

Also, make sure that you have ways to prove that you actually lived together for a year. This can be difficult for people with a visitor status because that usually means they can't be put on lease agreements, utility bills, can't get a driver's license (that would show a common address) and the like. This is why common law for people who already have a work permit or study visa is easier, since their status allows them to open bank accounts, lease apartments, have other stuff in their name, etc.

The option to marry remains your best bet, in my opinion.

But either way you definitely have no basis for conjugal and that would be denied no doubt.

 

[Lucasdliz]

Also, make sure that you have ways to prove that you actually lived together for a year. This can be difficult for people with a visitor status because that usually means they can't be put on lease agreements, utility bills, can't get a driver's license (that would show a common address) and the like. This is why common law for people who already have a work permit or study visa is easier, since their status allows them to open bank accounts, lease apartments, have other stuff in their name, etc.

The option to marry remains your best bet, in my opinion.

But either way you definitely have no basis for conjugal and that would be denied no doubt.

Surprisingly, even as a visitor I was able to have a lease agreement, utility bills (energy, water and internet) and even buy a car. My problem is that is very rare to sustain the visitor status for a year in a row, specially after getting 2 study visa refusals. Work permits are very hard to get in that spot too..

I might try to visit her in the and we will keep to our plans of getting married, but probably a little bit sooner than expected. it's a great relationship and I don't want to ruin it by rushing things.

Thanks for the insight!