Common Law or Conjugal Sponsorship?

[entrouxe]

Hello everyone,
My boyfriend (canadian citizen) wants to sponsor me under the family class so we can ("continue to") live together in Canada.

I've had visitor status throughout the year we lived together but didn't request a visa extension so I knew I'd have to leave the country early on February 2019. And I don't even understand if I can ask for one since I'm from a visa exempt country and all the information online seems overwhelmingly confusing.

We spent most of the current month (Jan 2019) in the US and when we crossed the border (by car) I was asked several questions because I didn't have a flight back booked and I had to leave in about two weeks. Both me and my boyfriend were interviewed separately and I almost got denied entry but the officer understood that we want to do things the right way and we don't intend to do anything illegal.

Anyway, I was given temporary residency until February 1st and got on visitor record, which makes me prove every time I visit that I won't remain in the country longer than what I'm allowed to, because now they know i have strong ties to the country.

So we thought of applying as conjugal partners instead, spending a while apart while we take care of the application. However, I read that to qualify for conjugal partners there must be a legal barrier that doesn't allow us to either get married or live in a common law relationship. Is the fact that I'm on visitor record enough of a legal barrier for us to be considered conjugal partners?

 

[starnaenae]

No. You do not qualify as conjugal. There are no legal barriers preventing you from getting married or living together

 

[canuck_in_uk]

Hello everyone,
My boyfriend (canadian citizen) wants to sponsor me under the family class so we can ("continue to") live together in Canada.

I've had visitor status throughout the year we lived together but didn't request a visa extension so I knew I'd have to leave the country early on February 2019. And I don't even understand if I can ask for one since I'm from a visa exempt country and all the information online seems overwhelmingly confusing.

We spent most of the current month (Jan 2019) in the US and when we crossed the border (by car) I was asked several questions because I didn't have a flight back booked and I had to leave in about two weeks. Both me and my boyfriend were interviewed separately and I almost got denied entry but the officer understood that we want to do things the right way and we don't intend to do anything illegal.

Anyway, I was given temporary residency until February 1st and got on visitor record, which makes me prove every time I visit that I won't remain in the country longer than what I'm allowed to, because now they know i have strong ties to the country.

So we thought of applying as conjugal partners instead, spending a while apart while we take care of the application. However, I read that to qualify for conjugal partners there must be a legal barrier that doesn't allow us to either get married or live in a common law relationship. Is the fact that I'm on visitor record enough of a legal barrier for us to be considered conjugal partners?

Hi

Zero chance of conjugal.

Apply to extend your visitor status. State that you are going to be applying for sponsorship. Pay the full $1040 PR fees and include the receipt.

 

[entrouxe]

No. You do not qualify as conjugal. There are no legal barriers preventing you from getting married or living together

Marriage cannot be considered alone, according to the "Assessing conjugal relationships" page on the canadian website. And here's our problem:

a) I'm from a visa exempt country but I got on visitor record because I have a strong tie to Canada (my partner). I doubt I would be allowed back in anytime soon and definitely not for the 12 months the application takes to be processed, so we will soon loose the common law requirement of not living apart for a long period of time.

b) My boyfriend doesn't qualify for a work visa or temporary residency in my country, so that means that he would have to go there as a tourist and then remain illegally while the sponsorship is being processed so we can keep living together.


https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-conjugal.html

It says

"
Requirements
A foreign national intending to immigrate as the conjugal partner of a sponsor must provide evidence that:

• they have maintained a conjugal relationship with their sponsor for at least one year
• they are in a committed and mutually interdependent relationship of some permanence and have combined their affairs to the extent possible

Although the intention of the conjugal partner category is to accommodate Canadians and permanent residents with foreign partners who can neither marry nor live together, the inability to marry cannot be an absolute requirement, since this could have the effect of “forcing” those couples to marry who may have chosen not to. Persons who have established and maintained a conjugal relationship for one year and who do not intend to marry might be conjugal partners if they have been unable to cohabit because of an immigration impediment or other serious barrier. The key to determining whether an individual is a conjugal partner is whether they are in a conjugal relationship with their sponsor and whether there is a compelling barrier to continuous cohabitation."

 

[entrouxe]

Hi

Zero chance of conjugal.

Apply to extend your visitor status. State that you are going to be applying for sponsorship. Pay the full $1040 PR fees and include the receipt.

I'm only allowed to remain in the country until February 1st, this notice was given to me less than a week ago because I came back from the states and they had no proof that I would actually leave once my visitor status expired. I was told that if I didn't leave then they would have a warrant for my arrest. Extending my visitor status in such short notice doesn't seem doable, unless there's some kind of express one day-to the other thing that I can do.

Also, there would be no way that we could gather all the information needed until February 1st in order to submit the application. I also explained the situation in reply to a previous comment, saying that


a) I'm from a visa exempt country but I got on visitor record because I have a strong tie to Canada (my partner). I doubt I would be allowed back in anytime soon and definitely not for the 12 months the application takes to be processed, so we will soon loose the common law requirement of not living apart for a long period of time.

b) My boyfriend doesn't qualify for a work visa or temporary residency in my country, so that means that he would have to go there as a tourist and then remain illegally while the sponsorship is being processed so we can keep living together.

 

[scylla]

As others have said, conjugal is not an option. You need to sort how to become common law. Lots of options for that and you don’t have to spend the entire year in a single county. If you apply for a visitor extension in Canada and specifically state that you aren’t doing so to become common law and apply for PR, you’ll almost certainly be approved. Or get married. Americans face no real immigration barriers so a conjugal app will be refused.

 

[entrouxe]

specifically state that you aren’t doing so

Thanks for your reply. Did you mean "state that you're doing so"? I only have until February 1st before i have to leave, as I said in a different comment, is there any kind of fast request I can make in order for it to be processed until then? I was told that if I didn't leave before or by then, that they would have a warrant for my arrest.

Also, my boyfriend is definitely allowed to join me in my country, but not to work or live for longer than a specific amount of time, which would mean that he'd have to remain there illegally afterwards.

 

[canuck_in_uk]

I'm only allowed to remain in the country until February 1st, this notice was given to me less than a week ago because I came back from the states and they had no proof that I would actually leave once my visitor status expired. I was told that if I didn't leave then they would have a warrant for my arrest. Extending my visitor status in such short notice doesn't seem doable, unless there's some kind of express one day-to the other thing that I can do.

Also, there would be no way that we could gather all the information needed until February 1st in order to submit the application. I also explained the situation in reply to a previous comment, saying that


a) I'm from a visa exempt country but I got on visitor record because I have a strong tie to Canada (my partner). I doubt I would be allowed back in anytime soon and definitely not for the 12 months the application takes to be processed, so we will soon loose the common law requirement of not living apart for a long period of time.

b) My boyfriend doesn't qualify for a work visa or temporary residency in my country, so that means that he would have to go there as a tourist and then remain illegally while the sponsorship is being processed so we can keep living together.

Still zero chance of conjugal. An example of conjugal is a same-sex couple where the foreign partner is from a country where homosexuality is illegal and s/he is unable to get a TRV to come to Canada. Those are genuine legal and immigration barriers preventing both marriage and common-law.

As I said, apply to extend your visitor status. As long as you apply before your Visitor Record expires, you will be following the rules. Get the app in ASAP.

 

[entrouxe]

As others have said, conjugal is not an option. You need to sort how to become common law. Lots of options for that and you don’t have to spend the entire year in a single county. If you apply for a visitor extension in Canada and specifically state that you aren’t doing so to become common law and apply for PR, you’ll almost certainly be approved. Or get married. Americans face no real immigration barriers so a conjugal app will be refused.

Still zero chance of conjugal. An example of conjugal is a same-sex couple where the foreign partner is from a country where homosexuality is illegal and s/he is unable to get a TRV to come to Canada. Those are genuine legal and immigration barriers preventing both marriage and common-law.

As I said, apply to extend your visitor status. As long as you apply before your Visitor Record expires, you will be following the rules. Get the app in ASAP.

So I apply for the visa extension as long as its before it expires and I don't have to worry about the visitor record thing? I'm just concerned about being arrested and deported by not leaving when I was told to.

 

[np08]

So I apply for the visa extension as long as its before it expires and I don't have to worry about the visitor record thing? I'm just concerned about being arrested and deported by not leaving when I was told to.

As long as you apply before your current status expires in February, you'll be fine. Then you can stay and become common law.

Plus you can always get married.

You definitely do not qualify for conjugal and applying for it would be a waste of time and money.

 

[Mirush1417]

Hi everyone..Just wanted to ask..
My gf(samesex) and i had a common law relationship for almost 3 years..she declared me a common law partner when she had apply working visa in canada..but after 5 months we did have break up,we didnt contact each other,no more communication between us for almost 6 months..and then she applied for pr and she didn’t declare me as common law because we broke up..and then when she pass her application,we did contact each other..how can she sponsor me now if we broke up..and she didnt include me in her ups.what will happen now to us?

 

[canuck_in_uk]

Hi everyone..Just wanted to ask..
My gf(samesex) and i had a common law relationship for almost 3 years..she declared me a common law partner when she had apply working visa in canada..but after 5 months we did have break up,we didnt contact each other,no more communication between us for almost 6 months..and then she applied for pr and she didn’t declare me as common law because we broke up..and then when she pass her application,we did contact each other..how can she sponsor me now if we broke up..and she didnt include me in her ups.what will happen now to us?

She can't sponsor you right now. You are no longer common-law. You would need to live together for a year or get married.

A breakup right before the PR app and reunion after approval is convenient timing. IRCC may believe it was not a genuine breakup and was done to facilitate your partner's PR app.

 

[Mirush1417]

She can't sponsor you right now. You are no longer common-law. You would need to live together for a year or get married.

A breakup right before the PR app and reunion after approval is convenient timing. IRCC may believe it was not a genuine breakup and was done to facilitate your partner's PR app.

Thankyou for your reply...
How about conjugal apps

 

[canuck_in_uk]

Thankyou for your reply...
How about conjugal apps

The fact that you were already able to become common-law shows you don't qualify for conjugal.