Am I eligible for Conjugal Status in Canada!! PLEASE HELP!

[johnmfahey]

Hi
I started a relationship with my girlfriend back in Vancouver in January 2010. I was with her for 6 months in Van and then my working Holiday Visa expired. I then managed to get a 6 month holiday visa and moved to Toronto with her. Once this visa ran out I was forced to move back to New Zealand because I was unable to work. The only way I could stay on was to get another holiday visa but I would still not be able to work.
Her father also unexpectedly passing away during our time in Toronto. Because I was living with her family I decided that I did not want to have them to have the burden of supporting me as well. Her family needs her around now more than ever which is why she can't move to New Zealand.

Will I be eligible for Common Law status??!!
Any help would be greatly appreciated!

Thanks

 

[elkan]

Did you live together for one full year? To qualify for common law you need to have lived together for the full year. Or was the first 6 months the initial dating period and you were living in different residences? You would also need to show "proof" of your common law status.

Have you given the OP2 Manual a read? Take a look at the parts on "common law".

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

 

[johnmfahey]

Thanks for your help!

I am not eligible for common law which is why I'm trying to go for the conjugal partner route. I lived with her for about 6 months in Toronto but then I moved back to Toronto so I'm hoping I can be considered as her conjugal partner because of immigration barriers preventing us from living together for a year.

During our time in Vancouver we weren't living together

Thanks again

 

[scylla]

Are there any barriers preventing you from getting married?

I'm not sure you can say there are immigration barriers preventing you from living together for a year because you could come for a six month visit and then extent your visit at the end of that period.

 

[johnmfahey]

P.S. Sorry about the typo in the original message. It was meant to be "Conjugal" not "Common-law"

 

[johnmfahey]

Thanks for your response

The initial plan was to keep on applying for 6 month holiday visas until we were eligible for the common law application but then her father died which made things a bit more complicated. Her family was going through a lot of stuff and I felt that living with them at the time and not being able to work was not the best thing for them. If I had been able to support myself during that time it would have been fine.
If the general consensus is that I'm eligible then I will go over on another Holiday Visa while my application is being processed. It also sounds like the family are dealing with things a lot better now so I feel like I wont be too much of a burden for her mother and sister.
As for marriage. We don't believe in the constitution of marriage

 

[johnmfahey]

Elkan
Thanks for your message, you are a legend. I'm new to this site so I don't know how to respond. I'm off to work and I am looking forward to checking on the progress of this topic when I come back from my holiday on Monday.

Thanks everyone for your help!

 

[canadianwoman]

Conjugal is hard to prove. It would be better, if possible, for you to go back on another Working Holiday Visa and live with your girlfriend. Once you have lived together for a year, then apply as common-law partners.

If getting another working visa is not possible, could you work now and save up some money, then go visit her and stay for 6 months? If you're living with her family, your expenses wouldn't need to be too high, and so what you could save might be enough to help support you for 6 months with them.

 

[Gemauru]

I encountered this situation many times in many ways and many different situations...
My big question is:
Whoever doesn't believe, trust or care about marriage... then, what's the problem about getting married?
If it's not of value, technically it doesn't make a difference in your relationship...
If it doesn't make a difference.... Why don't you go and sign the papers? ? ? ? ?
Make your "legal life" easier, and forget about that piece of paper which is not the real "contract" that you have with your partner.
Aren't you willing to sign and tell more that you ever thought to a bunch of people about your most personal and intimate life,
but you still hesitate to sign a piece of paper stating that you and your love one want to be together?
Is it ok to sign that you will take care of your love one for 3 years but still doubtful about signing an open contract?

Just a thought...

 

[johnmfahey]

I would need to apply for 2 more consecutive holiday visas to be able show that I've been living with her for a year. Because I have already applied for one holiday visa not only am I worried about her family supporting me for another year, I'm also worried that I wouldn't be approved when applying for more holiday visas. For our situation I really need to be able to work.

As for marriage, I am really not a fan but thanks for your ideas.

Elkan can you please send me another PM with your actual email address included? I am unable to send PM's for some reason.

 

[Tiggilicious]

johnmfahey, if there is nothing from preventing you from getting married you will most likely get denied. It is for those who have a barrier to live common law for more than 12 months AND can't get married (ex: banned from eachothers countries) . We had a child together AND my spouse was deployed oversea's (we werent married), and I still had to wait to go the common-law route because CIC said that there was no prevention on us GAINING commonlaw status when he got back as he was from a visa-exempt country and could get visitor extensions. I know you say you didnt want to put the financial burden on your girlfriends family of staying there - but to CIC - they usually don't care for that as they want to see that your relationship is genuine enough that you will still live together (that was my problem too - as I had JUST had a baby, and have two other younger children from my previous marriage) and had a very hard time making ends meet alone - so having to support him too was also difficult - but CIC said its something you got to do as applying conjugal would have most likely been denied since we didnt try. They said that we COULD go the conjugal route if after he was here for 6 months and he applies for a visitor visa, and it got denied - THEN we could submit the denial letter and apply for conjugal.
And we couldnt get married either because my divorce from 3.5 years ago still isnt finalized and no where in sight to be finalized since we are going for a divorce trial.

So I'd really save the time, and just get married if I were you to save you from a potential waste of money & precious time to be together since you have no barrier at all to 1) get married or to 2) try to gain common law

My .02!

 

[AlieW]

I know you mentioned that you don't want to be a burden to her family - what about trying to do it the other way around. Have her get a working Holiday Visa and come live with you in NZ?

It would be a great experience for her (I loved mine!!) - you would both be able to work while fulfilling the common law requirements. And then depending on whether or not she is a Canadian Citizen, she can continue to live with you in NZ while the application is being processed, or return to Canada.

One final thought - even if you are worried about being a burden, think as well about you're own sanity. You will have to live in Canada for a year without being able to work. It may sounds great but after a few months you will likely be going crazy from boredom. It is not easy. Also - the common-law requirement is for a full year with only short breaks - so depending on how long you have been apart after your time in vancouver you may not be able to count it.

 

[AllisonVSC]

Approval as conjugal partners is possible even if there is nothing preventing you from marrying or attaining common law status. The category is for couples who can't meet those criterion, but that doesn't mean you will automatically be denied if you apply and don't have those barriers. It is a more difficult category because the burden of proof is so much higher and than for common law and married couples who have other proofs of a genuine and ongoing marriage-like relationship (ie, 1 yr cohabitation and marriage license). Read the OP 2 manual for the definition and types of evidence needed to prove your relationship.

PM me if you decide to go this route and I will give you the names of forum members, besides myself, who have gone the conjugal route. Some approved, some still in process, some decided to marry while waiting.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

 

[johnmfahey]

Thanks a lot Allison
I'm going to apply for conjugal status as I think it's the only way that we will be able to be together long term.
I have been in touch with elkan and she seems very helpful. I can not send PM's for some reason but I can receive them. Would you be able to PM me your email address so I can just email you instead? It would be greatly appreciated

 

[AllisonVSC]

Thanks a lot Allison
I'm going to apply for conjugal status as I think it's the only way that we will be able to be together long term.
I have been in touch with elkan and she seems very helpful. I can not send PM's for some reason but I can receive them. Would you be able to PM me your email address so I can just email you instead? It would be greatly appreciated

PM sent. I think when you've made a few more posts on the forum (how many, I'm not sure) you will have PM privileges and limited inbox capacity.