Conjugal Sponsorship

[scy0017]

Hello Guys!
I had been applied for conjugal sponsorship last year February 2018, everything was fine until they forwarded my application in visa office manila. Then decision made wad refused because of the immigration officer do not believe that the principal applicant is not my conjugal partner. I did not apply for appeal. My question is can I reapply again for the conjugal sponsorship?

 

[kcward7]

Hello Guys!
I had been applied for conjugal sponsorship last year February 2018, everything was fine until they forwarded my application in visa office manila. Then decision made wad refused because of the immigration officer do not believe that the principal applicant is not my conjugal partner. I did not apply for appeal. My question is can I reapply again for the conjugal sponsorship?

Are you able to elaborate a little bit more into the reasons of refusal and your application so members can understand your situation and advise appropriately?

 

[scy0017]

Are you able to elaborate a little bit more into the reasons of refusal and your application so members can understand your situation and advise appropriately?

.

Based on the information before me, I am not satisfied that you are the conjugal partner of your sponsor, I have therefore determined that you are not a member of the family class as prescribed by paragraph 117 of the regulation.

Subsection 11 of the act provides that the foreign national must before entering Canada, apply to an officer for a visa or any document by the required by the regulations. The visa or document may be issued if, following an examination, the officer is not satisfied that the foreign national is not admissible to requirements of the Act. I am therefore refusing your application.

 

[kcward7]

.

Based on the information before me, I am not satisfied that you are the conjugal partner of your sponsor, I have therefore determined that you are not a member of the family class as prescribed by paragraph 117 of the regulation.

Subsection 11 of the act provides that the foreign national must before entering Canada, apply to an officer for a visa or any document by the required by the regulations. The visa or document may be issued if, following an examination, the officer is not satisfied that the foreign national is not admissible to requirements of the Act. I am therefore refusing your application.

Do you know why the officer believes you are not the conjugal partner?

 

[scy0017]

Do you know why the officer believes you are not the conjugal partner?[/QUOTE

We visit each other yearly, she enters Canada as tourist spend time with me for a short period of time max 20 days. We do not have a plan to get married because my family does not support same-sex marriage, our religion is both Catholic.

 

[scy0017]

and her sexual orientation is hidden to her family and friends to protect herself and her profession to discriminate in the Philippines.

 

[kcward7]

and her sexual orientation is hidden to her family and friends to protect herself and her profession to discriminate in the Philippines.

I'm assuming then that you were denied because you don't qualify for conjugal. The very fact that she is able to come to Canada as a visitor shows you face no legal or immigration barrier to marriage or common law, despite you and your partners personal feelings/beliefs. I would not reapply as conjugal.

 

[Zambezi]

Unfortunately if your partner has been able to visit you in Canada then you don't qualify for conjugal sponsorship because you have the option to get married or establish common-law status in Canada so there are no legal/immigration barriers.

 

[scy0017]

We have proof of a genuine relationship, the only thing we cannot do is to live together because she cannot stay long in canada for 1 year, and get married.

Unfortunately if your partner has been able to visit you in Canada then you don't qualify for conjugal sponsorship because you have the option to get married or establish common-law status in Canada so there are no legal/immigration barriers.

She cannot stay long in Canada for 1 year without a gap, she only stays for 6 months and then exit and come back so how can we be a common-law partner.

 

[kcward7]

We have proof of a genuine relationship, the only thing we cannot do is to live together because she cannot stay long in canada for 1 year, and get married.

She cannot stay long in Canada for 1 year without a gap, she only stays for 6 months and then exit and come back so how can we be a common-law partner.

She can extend her stay past 6 months. Sounds like there is nothing preventing you from marrying either except personal belief, which IRCC does not care about. Her being able to travel to Canada as a visitor exempts you from conjugal class. You don't qualify.

 

[scy0017]

It says

She can extend her stay past 6 months. Sounds like there is nothing preventing you from marrying either except personal belief, which IRCC does not care about. Her being able to travel to Canada as a visitor exempts you from conjugal class. You don't qualify.

How can she stay with me for 1 year without a gap? how will I able to extend her stay. ? Sexual orientation and religion are not barriers for conjugal?

 

[kcward7]

It says

How can she stay with me for 1 year without a gap? how will I able to extend her stay. ? Sexual orientation and religion are not barriers for conjugal?

Yes, they can be, but not in your situation since she is able to come to Canada. When the 6 months is drawing to an end you can apply to extend her stay as a visitor. In addition there is nothing preventing you marrying in Canada. A very key factor in a conjugal application is failed applications for TRVs, meaning the applicant is unable to come to Canada despite efforts.

 

[scy0017]

Yes, they can be, but not in your situation since she is able to come to Canada. When the 6 months is drawing to an end you can apply to extend her stay as a visitor. In addition there is nothing preventing you marrying in Canada. A very key factor in a conjugal application is failed applications for TRVs, meaning the applicant is unable to come to Canada despite efforts.

Yes, they can be, but not in your situation since she is able to come to Canada. When the 6 months is drawing to an end you can apply to extend her stay as a visitor. In addition there is nothing preventing you marrying in Canada. A very key factor in a conjugal application is failed applications for TRVs, meaning the applicant is unable to come to Canada despite efforts.

Thank you so much for the information @kcward7. Meaning she needs to give up her profession just to be with me in Canada.

 

[kcward7]

Thank you so much for the information @kcward7. Meaning she needs to give up her profession just to be with me in Canada.

I don't know her professional situation but if she's trying to immigrate to Canada I assume that would be the end goal anyways?

 

[scy0017]

I don't know her professional situation but if she's trying to immigrate to Canada I assume that would be the end goal anyways?

She is a Family Doctor. Do you think maybe she can apply for a skilled worker?