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Conjugal relationship application

Jun 1, 2018
3
0
Hi. I am trying to summarize our case:
-principal applicant's residence: Romania

-type of application: conjugal relationship supported with many evidences (~2 year relationship, about 3-4 visits/total back & forth, pictures, chat logs, financial support, letters of support from reputable Canadian MD, Romanian senator, patients & work colleagues)

-application received: November 1, 17 (2-3 weeks later it was returned back to me since the application checklist form has changed and we used an outdated one - anyways, the application was quickly resubmitted after)

-December 27, 17 requested the IMM 5669 form to be completed along with the police certificates

-January 19, 18 - requested the medical visit to be done (which was done early Feb 2nd or 3rd)

-February 6, 18 - we got notified that the application has been transferred to the "visa office in Bucharest for further processing"

Unfortunately that was the last update we ever got and we're going crazy here, checking the website on a daily basis since we were used to see something moving on a monthly basis. Now it's been 4 months since the application was transferred but the background check hasn't even begun yet (see the screenshot). What's your opinion so far? Thanks. Eddie



 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Hi. I am trying to summarize our case:
-principal applicant's residence: Romania

-type of application: conjugal relationship supported with many evidences (~2 year relationship, about 3-4 visits/total back & forth, pictures, chat logs, financial support, letters of support from reputable Canadian MD, Romanian senator, patients & work colleagues)

-application received: November 1, 17 (2-3 weeks later it was returned back to me since the application checklist form has changed and we used an outdated one - anyways, the application was quickly resubmitted after)

-December 27, 17 requested the IMM 5669 form to be completed along with the police certificates

-January 19, 18 - requested the medical visit to be done (which was done early Feb 2nd or 3rd)

-February 6, 18 - we got notified that the application has been transferred to the "visa office in Bucharest for further processing"

Unfortunately that was the last update we ever got and we're going crazy here, checking the website on a daily basis since we were used to see something moving on a monthly basis. Now it's been 4 months since the application was transferred but the background check hasn't even begun yet (see the screenshot). What's your opinion so far? Thanks. Eddie




What's your legal barrier to getting married or becoming common-law??
 
M

mikeymyke

Guest
Are you 100% sure you qualify for conjugal? If not, its likely the app is being scrutinized and ready to be rejected
 
Jun 1, 2018
3
0
What's your legal barrier to getting married or becoming common-law??
Barriers:

-religious reasoning: her father passed away about 3-4 years ago; according to her religion she needs to wait a certain amount of time before she can take this step

-we want the possibility for the relationship to evolve naturally and not rush it (I was involved in a similar situation about 10 years ago, I rushed it and it ended up in divorce)
-conjugal relationship also was not a viable option: I could move there and start from scratch, but I would leave a career built in over 15 years helping people with life-threatening diseases; on the other hand, if she would come and live with me with a tourist visa for 6 months, we would have no guarantees that it will be extended for another 6 months to fully qualify as a "conjugal relationship"; meantime she will be just a tourist in terms of her rights

Yes, I know, it is difficult to qualify under this type of application but it also depends on luck and how good our evidence is (I think it is solid) and how the visa officer's gut feeling is.
 
Last edited:

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Barriers:

-religious reasoning: her father passed away about 3-4 years ago; according to her religion she needs to wait a certain amount of time before she can take this step

-we want the possibility for the relationship to evolve naturally and not rush it (I was involved in a similar situation about 10 years ago, I rushed it and it ended up in divorce)
-conjugal relationship also was not a viable option: I could move there and start from scratch, but I would leave a career built in over 15 years helping people with life-threatening diseases; on the other hand, if she would come and live with me with a tourist visa for 6 months, we would have no guarantees that it will be extended for another 6 months to fully qualify as a "conjugal relationship"; meantime she will be just a tourist in terms of her rights

Yes, I know, it is difficult to qualify under this type of application but it also depends on luck and how good our evidence is (I think it is solid) and how the visa officer's gut feeling is.
In my opinion I don't think you meet the definition of conjugal, simply due to the fact you could get married if you wanted to. Not sure if the "religious reason" would be accepted. I've never heard of this before in my life, and I would be curious to know what religion forbids marrying for X years after a parent passes away.

Common-law was also an option it seems, and you never actually had any immigration barriers you simply made a personal choice not to try. Romanian citizens are visa-exempt to Canada so it would be no problem at all for her to stay here 1 year as a visitor to become common-law. Thousands of others have done this with no problems.

Unfortunately if the visa officer thinks you could get married or become common-law but for personal reasons you are pursuing neither, then no matter how committed your relationship is the app would most likely be rejected. In general conjugal apps will practically never be approved for a visa-exempt applicant.

As you said though sometimes conjugal apps get lucky. Although if it was me I would try to get married immediately then see if the visa officer would allow you to change category to spousal app.
 
M

mikeymyke

Guest
In my opinion, your case is likely not conjugal. Even if you choose not to move there to become common law, there's no reason she couldn't try to move to where you are, as you indicated you didn't even bother trying to have her come here and extend her tourist visa.

To add what Rob said, according to CIC, religious reasons can come into play to determine conjugal,:

A conjugal partner is:

  • a person who is living outside Canada,
  • in a conjugal relationship with the sponsor for at least one year, and
  • could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation).

but they would have to prove that the partner practices that religion, and that religion really does bar someone from marrying or living together for a year after a certain period of time. If marrying is prohibited, but living together isn't, then its likely this app will be refused.
 
Last edited by a moderator:
Jun 1, 2018
3
0
Thanks guys for your answers and I fully agree with what you've said so far. However I just wanted to know how long should we expect some sort of an answer from the authorities. Our situation is not that typical since not many people have applied under this category. About 7 months have passed - I guess in maximum 5 months we will know...
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,207
Visa Office......
London
App. Filed.......
06/12
Thanks guys for your answers and I fully agree with what you've said so far. However I just wanted to know how long should we expect some sort of an answer from the authorities. Our situation is not that typical since not many people have applied under this category. About 7 months have passed - I guess in maximum 5 months we will know...
You need to request your GCMS notes and find out what is happening. No one can give you a processing time for conjugal, as it depends on the individual case. There is no guarantee that you will have an answer in 5 months.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Thanks guys for your answers and I fully agree with what you've said so far. However I just wanted to know how long should we expect some sort of an answer from the authorities. Our situation is not that typical since not many people have applied under this category. About 7 months have passed - I guess in maximum 5 months we will know...
Actually many people have applied under the conjugal class. The vast majority of successful conjugal apps involve applicants that are in same-sex relationship in countries where same-sex marriage is illegal, are previously married in countries where divorce is illegal, or are not visa-exempt and are refused TRVs to Canada.

We have also seen lots of apps where people applied under conjugal but since they didn't have any real barriers to marriage or common-law, the apps were rejected.

As you said, if you aren't planning on getting married anytime soon then all you can do is wait and see what happens with your current app in progress. I would expect you'll get some feedback within the next 5 months. You can hope for the best but realistically I would prepare for a scenario where app is eventually denied. As I said if you can get married, you should really look at doing so.
 

shaily829

Full Member
Jun 14, 2018
36
5
Canada
Actually many people have applied under the conjugal class. The vast majority of successful conjugal apps involve applicants that are in same-sex relationship in countries where same-sex marriage is illegal, are previously married in countries where divorce is illegal, or are not visa-exempt and are refused TRVs to Canada.

We have also seen lots of apps where people applied under conjugal but since they didn't have any real barriers to marriage or common-law, the apps were rejected.

As you said, if you aren't planning on getting married anytime soon then all you can do is wait and see what happens with your current app in progress. I would expect you'll get some feedback within the next 5 months. You can hope for the best but realistically I would prepare for a scenario where app is eventually denied. As I said if you can get married, you should really look at doing so.
Hello Rob_TO

I am glad to see your comment about conjugal sponsorship. I just have a question and I would like to share my story.

I was married and separated, I have not applied for annulment and divorce is illegal in the Philippines where I am in. I have a same sex partner (PR status) in Canada and we've been together for 1.5 years. We are planning to apply for conjugal sponsorship including my 2 kids from the previous marriage. My partner and I already met in person as she visited me twice this year and our relationship is known and legal both sides. We have joint account and a lot of emails, chats, phone calls, photos, receipts of restaurants since i always make food deliveries for her and she does that to me as well. Is there any chance of approval for us as conjugal? Thank you.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,207
Visa Office......
London
App. Filed.......
06/12
Hello Rob_TO

I am glad to see your comment about conjugal sponsorship. I just have a question and I would like to share my story.

I was married and separated, I have not applied for annulment and divorce is illegal in the Philippines where I am in. I have a same sex partner (PR status) in Canada and we've been together for 1.5 years. We are planning to apply for conjugal sponsorship including my 2 kids from the previous marriage. My partner and I already met in person as she visited me twice this year and our relationship is known and legal both sides. We have joint account and a lot of emails, chats, phone calls, photos, receipts of restaurants since i always make food deliveries for her and she does that to me as well. Is there any chance of approval for us as conjugal? Thank you.
Have you applied for and been denied a TRV?
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,207
Visa Office......
London
App. Filed.......
06/12
Not yet, we have not started anything yet. Still reading the cic manual and searching for any forums like this that has a similar situation like ours.
You need to apply for a TRV. If approved, you will not qualify for conjugal because there will be no immigration barrier preventing you from coming to Canada to live with your partner.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Hello Rob_TO

I am glad to see your comment about conjugal sponsorship. I just have a question and I would like to share my story.

I was married and separated, I have not applied for annulment and divorce is illegal in the Philippines where I am in. I have a same sex partner (PR status) in Canada and we've been together for 1.5 years. We are planning to apply for conjugal sponsorship including my 2 kids from the previous marriage. My partner and I already met in person as she visited me twice this year and our relationship is known and legal both sides. We have joint account and a lot of emails, chats, phone calls, photos, receipts of restaurants since i always make food deliveries for her and she does that to me as well. Is there any chance of approval for us as conjugal? Thank you.
As mentioned, if you apply for a TRV to Canada and are refused, you would have sufficient barriers so could apply for conjugal.

You just need to make sure you have proof of a true conjugal relationship, and you are not simply dating. Read all of the conjugal sections in this manual which will give you some ideas of what evidence you'll need to provide to prove the conjugal relationship.
https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/op/op02-eng.pdf
 

Rajwi

Member
Oct 10, 2019
12
0
Hi there I want to ask my boyfriend is in europe abroad I want sponsor him as ‘ common law partner for tourist visa could someone tell me the checklist for both side for him and for me too I am on work permit in Canada and I am waiting for pr can you help me please?