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Conjugal Sponsorship for Same-Sex Couple

Val30

Newbie
Oct 2, 2018
6
0
Good day, everyone. I need some advice for a conjugal partner sponsorship.

My partner and I are both citizens of the Philippines, and have been together in an exclusive (same-sex) relationship for almost four years. Right before we hit the third year mark, she was granted her PR status and moved to Canada. She wants to sponsor me as a conjugal partner so we can both live there together.

In my understanding, conjugal partnership is for people who are unable to apply under Spouse or Common-Law Sponsorship due to external factors beyond their control.

We cannot apply under the spouse category because in the Philippines, same-sex marriage is not recognised nor is it legal. Even if we were to travel to a territory where it is legal and marry there, such marriage would still be considered void because our civil laws follow the citizens, even if they are abroad. Contracting illegal marriages (like a same-sex marriage) is also a criminal act here and is punished under our Penal Code.

On the other hand, we still cannot live together in a common-law relationship because she is in Canada and I am here. Even if she were to return to the Philippines, I come from a strict Chinese family. While my parents did know of our relationship, they were violently against it and tried to break us apart. If I were to rebel against my family, hers would also be against her coming to live here as it is more practical to settle in Canada than here, especially for a same-sex couple as our fundamental human rights would be badly crippled in the Philippines.

Also, the Philippines is a Catholic country where, while the LGBT community is tolerated, we are far from accepted. Such relationship is still frowned upon and might subject us to emotional and social persecution.

My sisters and a cousin are aware and supportive of our relationship. So are her cousins. I have attended important family gatherings of hers such as her brother's wedding, her aunt's birthday, send-off parties, and was present during her grandmother's wake. I am close to her immediate and extended family. All our close friends also know and support our relationship. We are also planning to open a joint bank account soon.

Questions:
1. Considering our circumstance, will our conjugal partnership application be successful?
2. I have a strong travel history and have been granted multiple visas to different countries in the past. I have a valid US visa now, and will probably not have a problem being granted a Canadian Temporary Resident Visa. Will this be an issue for our application?
3. What proof do we need to present to show that we are in a valid conjugal relationship?
 

kcward7

VIP Member
May 4, 2017
3,788
1,436
Good day, everyone. I need some advice for a conjugal partner sponsorship.

My partner and I are both citizens of the Philippines, and have been together in an exclusive (same-sex) relationship for almost four years. Right before we hit the third year mark, she was granted her PR status and moved to Canada. She wants to sponsor me as a conjugal partner so we can both live there together.

In my understanding, conjugal partnership is for people who are unable to apply under Spouse or Common-Law Sponsorship due to external factors beyond their control.

We cannot apply under the spouse category because in the Philippines, same-sex marriage is not recognised nor is it legal. Even if we were to travel to a territory where it is legal and marry there, such marriage would still be considered void because our civil laws follow the citizens, even if they are abroad. Contracting illegal marriages (like a same-sex marriage) is also a criminal act here and is punished under our Penal Code.

On the other hand, we still cannot live together in a common-law relationship because she is in Canada and I am here. Even if she were to return to the Philippines, I come from a strict Chinese family. While my parents did know of our relationship, they were violently against it and tried to break us apart. If I were to rebel against my family, hers would also be against her coming to live here as it is more practical to settle in Canada than here, especially for a same-sex couple as our fundamental human rights would be badly crippled in the Philippines.

Also, the Philippines is a Catholic country where, while the LGBT community is tolerated, we are far from accepted. Such relationship is still frowned upon and might subject us to emotional and social persecution.

My sisters and a cousin are aware and supportive of our relationship. So are her cousins. I have attended important family gatherings of hers such as her brother's wedding, her aunt's birthday, send-off parties, and was present during her grandmother's wake. I am close to her immediate and extended family. All our close friends also know and support our relationship. We are also planning to open a joint bank account soon.

Questions:
1. Considering our circumstance, will our conjugal partnership application be successful?
2. I have a strong travel history and have been granted multiple visas to different countries in the past. I have a valid US visa now, and will probably not have a problem being granted a Canadian Temporary Resident Visa. Will this be an issue for our application?
3. What proof do we need to present to show that we are in a valid conjugal relationship?
2 - yes, I think this is a problem. Others can weigh in more but a component of successful conjugal applications is often a denied TRV. There's nothing stopping you marrying in Canada (assuming it's granted)
 
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YVR123

VIP Member
Jul 27, 2017
7,969
3,187
I think if you can get a visitor visa to come to Canada, your better option is to get married in Canada and apply as married.
 
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Reactions: Val30

Val30

Newbie
Oct 2, 2018
6
0
2 - yes, I think this is a problem. Others can weigh in more but a component of successful conjugal applications is often a denied TRV. There's nothing stopping you marrying in Canada (assuming it's granted)
Thanks to you and YVR123 for your responses.

I read on a few websites that for Spousal Sponsorship, common application red flags include:
  • pictures are only with friends or a small group of people, no parents or other family members; and
  • the marriage was not a big celebration (performed by a judge or something)
Also, some proof that immigration officers might look for include having each other as beneficiaries for insurance policies and wedding invitations. Are these absolute necessities? We do not want a big wedding as we both hate being in the spotlight and want a small wedding performed in City Hall or something. Also, as for the insurance policy, insurance companies in the Philippines do not allow listing your same-sex spouse as your beneficiary.

What can we do about these?