Do I have to apply for a TRV first?
Will it get refused for sure? If so, that would be an immigration barrier to coming to Canada? And after that I could start processing the conjugal partner sponsership?
Conjugal partner sponsorship
- Thread starter Kay89
- Start date
Will it get refused for sure? If so, that would be an immigration barrier to coming to Canada? And after that I could start processing the conjugal partner sponsership?
Yes. Without a TRV refusal, you cannot show a barrier to coming to Canada and marrying or becoming common-law.
As a Syrian illegally in another country, yes, it will be refused.
Hello Im from Philippines, my partner is from Canada, he’s Canadian citizen now, and we have a 2 year old daughter. We are planning to apply for conjugal because we cant marry here in the Philippines because he’s married before here, but already divorce since 2005,
He lives in Canada for 20 years, and we know each other almost 3 years, everytime he went in the Philippines for vacation we live together for 6 weeks,
Please guys, read the CIC website. If you choose to count solely on the advice of those on here, you would be cheating yourself. People on here don’t know everything and some advice can be faulty/flawed. You need to read the website so that you can get a much better understanding of what you need to do.
Kay89, please read the information below. I found it on the CIC website:
“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”.
If you can prove that you are unable to achieve common-law due to immigration or other serious reasons, this could be enough to get you an approval. If you are able to present a solid case explaining why you cannot achieve common law, you do not have to also provide evidence as to why you can’t get married. IRCC is NOT trying to force you to get married especially if you are not ready to. The sole purpose of the sponsorship program is to UNITE FAMILIES.
Please read the website and don’t rely too much on other people’s advice. Read for yourself:
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
Bud, if you’re going to go ahead and quote things , that’s fine . But CIC is NOT a Government site , so let’s try to stop acting like it’s gospel
Lol, huh?? You do know that you get all your information on how to apply on cic.gc.ca right? Both cic.gc.ca and Canada.ca are connected. What are you people talking about on this forum? Lol
I also want to mention this to everyone who has been asking questions. Legal and immigration barriers are not the only ways to show that you qualify as conjugal. Please read up guys. It is a tricky category. Some people don’t get approved because they don’t study before they apply. The quotes below are gotten from Canada.ca.
“Persons in a conjugal relationship for at least one year but unable to cohabit due to persecution or any form of penal control may be considered a common-law couple [R1(2)] for the purposes of being sponsored for permanent residence as a conjugal partner. “Persecution” is intended to include “fear of persecution or any form of penal control”; it is not restricted to a couple being persecuted for the act of cohabiting itself.
‘Persecution’ in this context refers to actions taken by a state or government to oppress or punish, usually by law, persons in certain types of relationships, such as homosexual ones.
Persecution can also mean strong social sanctions whereby the culture and mores of the country result in ostracism, loss of employment, inability to find shelter, or other sanctions, for persons in common-law opposite-sex or same-sex relationships, even if such relationships are not technically illegal”.
“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”.
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You are responding to a post from over 2 years ago.
The poster you responded to had no legal/immigration barriers to becoming common-law and therefore didn't qualify for conjugal.
You need to apply for a TRV to come to Canada. If it's approved, you have no barrier to becoming common-law or marrying in Canada. If it's refused, you have a barrier and can apply as conjugal.
Ok thanks; and may i ask, we have a child living with me here in the Philippines, can we apply for common law since we have a child? Because we cant decide what to apply, thank you very much for answering my questions, 
Having a child doesn't make you common-law. You still need the one continuous year of cohabitation.Ok thanks; and may i ask, we have a child living with me here in the Philippines, can we apply for common law since we have a child? Because we cant decide what to apply, thank you very much for answering my questions,
Was your partner naturalized as a Canadian citizen before the child was born? If so, did you already apply for the child's Certificate of Canadian citizenship?