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application for conjugal relationship....

Clarity

Newbie
Aug 16, 2013
8
0
Hi!

Here's my story. I'm in a conjugal relationship for almost 2 years now, my partner is in Canada (Permanent Resident) and I'm in the Philippines. In short were in a Long Distance Relationship. Our relationship started back in August 05,2011, we've been living together for a month and 4 days to be exact before she left to Canada. On Sept. 9,2011 she went to Canada together with dad (her father). Even if she's in Canada we constantly call each other, we use Skype, everday even while were sleeping since we different time zone. We even use YM, Facebook, emails and letters. Even if we're apart from each other we still celebrate special occasions such as, monthsaries,anniversaries, birthdays and so on. Last Sept. 16,2012 she visited me here in our country. On Sept. 22, 2012 we went to Baguio to have a Holy Union Ceremony together with our family and closes friends. We called it Holy Union because same sex marriage is not legally acceptable in our country. Sept. 30, 2012 she has to go back in Canada bec of work. And after almost 2 months she again came back last Dec. 29,2012just to be with me again, she actually quit her job just to be with me. We had our very first New year together, and we went for a vacation out of town, in Cebu for 4 days. Our first Valentines together, we get to celebrate our monthsary ever month and my birthday together. She stayed for almost 7 months and went back again in Canada last July 24, 2013 because her parents needs her. Last August 5,2013 we celebrated our 2nd anniversary. Since then we see and talk to each other almost everday with our bestfriend SKYPE :) . By the way, I have a son he's turning 3 on sept 19. We have lots of evidence such as pictures, letters, emails, our boarding pass during out trip, my VIP pass in NAIA, photocopied of passports with entry and exit stamps, our holy union cert, remittances and we also have joint account, but since were living in her parents house all the utilities are in her parents name, but we have one telephone and broadband bills are under my name. Were actually planning to apply for conjugal relationship.

So, my question is the minimun requirement to say that ww tried living together as commonlaw is min 1 year, but becuase we didn't meet that certain requirement will that affect our application? And also, I have a US visa can it helps me to be approved, cause they can see that I'm eligible.

thank you! I'm looking forward for your feedback about our situation.
 

Betina

Hero Member
Jul 17, 2013
570
29
Canada
Visa Office......
Bucharest
Pre-Assessed..
Yes
App. Filed.......
10-05-2013
Doc's Request.
05-08-2013 (IMM5669E/Q8), 14-11-2013 (proof of return, of funds, of cohabitation)
AOR Received.
06-06-2013
File Transfer...
11-06-2013
Med's Done....
12-11-2012, repeat x-ray for extension 23-01-2014 (extension granted)
Interview........
waived
Passport Req..
04-02-2014
VISA ISSUED...
06-02-2014
LANDED..........
08-04-2014
Clarity said:
Hi!

Here's my story. I'm in a conjugal relationship for almost 2 years now, my partner is in Canada (Permanent Resident) and I'm in the Philippines. In short were in a Long Distance Relationship. Our relationship started back in August 05,2011, we've been living together for a month and 4 days to be exact before she left to Canada. On Sept. 9,2011 she went to Canada together with dad (her father). Even if she's in Canada we constantly call each other, we use Skype, everday even while were sleeping since we different time zone. We even use YM, Facebook, emails and letters. Even if we're apart from each other we still celebrate special occasions such as, monthsaries,anniversaries, birthdays and so on. Last Sept. 16,2012 she visited me here in our country. On Sept. 22, 2012 we went to Baguio to have a Holy Union Ceremony together with our family and closes friends. We called it Holy Union because same sex marriage is not legally acceptable in our country. Sept. 30, 2012 she has to go back in Canada bec of work. And after almost 2 months she again came back last Dec. 29,2012just to be with me again, she actually quit her job just to be with me. We had our very first New year together, and we went for a vacation out of town, in Cebu for 4 days. Our first Valentines together, we get to celebrate our monthsary ever month and my birthday together. She stayed for almost 7 months and went back again in Canada last July 24, 2013 because her parents needs her. Last August 5,2013 we celebrated our 2nd anniversary. Since then we see and talk to each other almost everday with our bestfriend SKYPE :) . By the way, I have a son he's turning 3 on sept 19. We have lots of evidence such as pictures, letters, emails, our boarding pass during out trip, my VIP pass in NAIA, photocopied of passports with entry and exit stamps, our holy union cert, remittances and we also have joint account, but since were living in her parents house all the utilities are in her parents name, but we have one telephone and broadband bills are under my name. Were actually planning to apply for conjugal relationship.

So, my question is the minimun requirement to say that ww tried living together as commonlaw is min 1 year, but becuase we didn't meet that certain requirement will that affect our application? And also, I have a US visa can it helps me to be approved, cause they can see that I'm eligible.

thank you! I'm looking forward for your feedback about our situation.
As I understand, you can apply for conjugal sponsorship if the relationship is older than 1 year and you can provide proof of why you were not permitted to live together (emphasis on permitted - the fact that she had to go after 7 months because her parents needed her I don't know if it qualifies).

My question is this: why don't you get a visitors visa and travel to Canada and get married for real? Than you could apply as spouse and everything would be so much easier.
 

Spikey92

Star Member
Jan 14, 2013
161
7
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
06-05-2013
AOR Received.
15-05-2013
Med's Done....
16-04-2013
LANDED..........
12-03-2014
You dont qualify for conjugal.
Conjugal is for people that cannot get married /live together because eg their lives would be in danger in the partners country due to their religion etc.
 

Clarity

Newbie
Aug 16, 2013
8
0
I see.. If were not qualify for conjugal, what type of sponsorship are we qualify based on our situation? So, applying for tourist visa is more acceptable and getting married there would be much easier for us. If that so, how long does the process usually takes if I can apply for spouse? thank you!!
 

Betina

Hero Member
Jul 17, 2013
570
29
Canada
Visa Office......
Bucharest
Pre-Assessed..
Yes
App. Filed.......
10-05-2013
Doc's Request.
05-08-2013 (IMM5669E/Q8), 14-11-2013 (proof of return, of funds, of cohabitation)
AOR Received.
06-06-2013
File Transfer...
11-06-2013
Med's Done....
12-11-2012, repeat x-ray for extension 23-01-2014 (extension granted)
Interview........
waived
Passport Req..
04-02-2014
VISA ISSUED...
06-02-2014
LANDED..........
08-04-2014
Clarity said:
I see.. If were not qualify for conjugal, what type of sponsorship are we qualify based on our situation? So, applying for tourist visa is more acceptable and getting married there would be much easier for us. If that so, how long does the process usually takes if I can apply for spouse? thank you!!
I don't think you qualify for sponsorship now. You are not her spouse, you can't go for conjugal and you do not qualify for common-law since you haven't been living together for 1 continuous year.

If you can get the tourist visa and marry you partner in Canada you can either remain there and apply inland - that will take about 18 month, according to the estimates, and, if I remember correctly, you will not be permitted to work. Also I don't think you will be permitted to leave Canada for ant reason in the first stage of the process - it takes about 10 month. Or you can return to Ph and apply outland, and that seems to take about 15 month - again, according to the estimates.
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
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
You could qualify for conjugal IF:
- you make an application for a tourist visa to go to Canada, and it's denied
- you look at other countries that allow same-sex marriage, and apply for tourist visa to some of them. They must also be denied.

Only in this case would you probably qualify for conjugal, since it would then be impossible for you to get married or get common-law (since Canadians can't get a 12-month visa to Philippines as far as i know).
 

Spikey92

Star Member
Jan 14, 2013
161
7
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
06-05-2013
AOR Received.
15-05-2013
Med's Done....
16-04-2013
LANDED..........
12-03-2014
I dont think every single country that allows same sex marriage is going to deny your visa,plus it will cost a lot on visa fees that you have to pay even if you get denied.

I would come to Canada and get married here and then apply for sponsorship. You can actually apply for an open work permit if you apply inland.You will get it with your first stage approval around 10 months after submission of your application.

Your son can be added as a dependent but I do believe you need a notarized authorization of his father stating that he is allowed to move to Canada with you.
 

Clarity

Newbie
Aug 16, 2013
8
0
Regarding my son, he's born out of wedlock. So, do I still need a notarized permission from the father who is now missing in action.
 

Betina

Hero Member
Jul 17, 2013
570
29
Canada
Visa Office......
Bucharest
Pre-Assessed..
Yes
App. Filed.......
10-05-2013
Doc's Request.
05-08-2013 (IMM5669E/Q8), 14-11-2013 (proof of return, of funds, of cohabitation)
AOR Received.
06-06-2013
File Transfer...
11-06-2013
Med's Done....
12-11-2012, repeat x-ray for extension 23-01-2014 (extension granted)
Interview........
waived
Passport Req..
04-02-2014
VISA ISSUED...
06-02-2014
LANDED..........
08-04-2014
Clarity said:
Regarding my son, he's born out of wedlock. So, do I still need a notarized permission from the father who is now missing in action.
What's the situation with the custody of your child? Do you have shared custody, does he have visitation rights? I'm not asking if he does visit or keep in touch with his child, but what is the legal status of the custody.
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
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
Spikey92 said:
I dont think every single country that allows same sex marriage is going to deny your visa,plus it will cost a lot on visa fees that you have to pay even if you get denied.
You don't have to apply to every single country... just some of them.

I would come to Canada and get married here and then apply for sponsorship. You can actually apply for an open work permit if you apply inland.You will get it with your first stage approval around 10 months after submission of your application.
There is a VERY high chance the tourist visa for her and her son will be rejected. This is obviously the ideal plan to go to Canada, get married and apply inland. But getting TRV is not easy.
 

Betina

Hero Member
Jul 17, 2013
570
29
Canada
Visa Office......
Bucharest
Pre-Assessed..
Yes
App. Filed.......
10-05-2013
Doc's Request.
05-08-2013 (IMM5669E/Q8), 14-11-2013 (proof of return, of funds, of cohabitation)
AOR Received.
06-06-2013
File Transfer...
11-06-2013
Med's Done....
12-11-2012, repeat x-ray for extension 23-01-2014 (extension granted)
Interview........
waived
Passport Req..
04-02-2014
VISA ISSUED...
06-02-2014
LANDED..........
08-04-2014
Rob_TO said:
There is a VERY high chance the tourist visa for her and her son will be rejected. This is obviously the ideal plan to go to Canada, get married and apply inland. But getting TRV is not easy.
She doesn't have to take her child with her when she's going to Canada to get married. Leaving the child in Ph will definitely be enough to convince the VO she has strong ties with her home and will be returning. And after that, go back home and apply outland. After all, she doesn't have to say "I'm going to Canada to get married and start the immigration process", does she?
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
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
Betina said:
She doesn't have to take her child with her when she's going to Canada to get married. Leaving the child in Ph will definitely be enough to convince the VO she has strong ties with her home and will be returning. And after that, go back home and apply outland. After all, she doesn't have to say "I'm going to Canada to get married and start the immigration process", does she?
Yes, but you were suggesting coming to Canada then applying inland which would not be possible in this case.

Agreed though that leaving the child in Philippines would be a strong tie, so could get a visa simply for the purpose of getting married... but have to return and wait out the outland process in Philippines.
 

Betina

Hero Member
Jul 17, 2013
570
29
Canada
Visa Office......
Bucharest
Pre-Assessed..
Yes
App. Filed.......
10-05-2013
Doc's Request.
05-08-2013 (IMM5669E/Q8), 14-11-2013 (proof of return, of funds, of cohabitation)
AOR Received.
06-06-2013
File Transfer...
11-06-2013
Med's Done....
12-11-2012, repeat x-ray for extension 23-01-2014 (extension granted)
Interview........
waived
Passport Req..
04-02-2014
VISA ISSUED...
06-02-2014
LANDED..........
08-04-2014
Rob_TO said:
Yes, but you were suggesting coming to Canada then applying inland which would not be possible in this case.

Agreed though that leaving the child in Philippines would be a strong tie, so could get a visa simply for the purpose of getting married... but have to return and wait out the outland process in Philippines.
I just presented her the two alternatives she has after getting married :)

Theoretically, if she can stay away from her child for some time, she can apply inland after coming alone to Canada to get married, mention the child in the forms, and then, after becoming PR, sponsor him to come to Canada also, couldn't she?
 

Alurra71

VIP Member
Oct 5, 2012
3,238
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
She did state that she has a US visa, so one could assume that she could visit one of the few states in the US to be married to her partner, provided her partner can cross into the US as well.... Once they are physically married, so long as it is legal and binding where it was performed, Canada will recognize it. That is another option she has, since she wouldn't be required to get another visa or spend the extra time/money waiting on it.

Once she is married, she can then apply 'outland' with her spouse sponsoring her and her child from the phillipines.

Just my 2 cents worth.