applying as a conjugal partner

[boramz]

hello members,i wish you could help me with my problem.i want to sponsor my wife as a conjugal partner because shes still married in the philippines.
we had already 2 children,7 years old and 6 months old baby.ive been supporting them financially for almost 3 years now,since i landed here as permanent residence.ive been visited them every year,infact i got her pregnant on my first visit which result to my 2nd baby.so i was planning to sponsor her as a conjugal partner.do my wife need a separation certificate to prove that their marriage was ended since annulment is a long process.weve been a conjugal partner since shes physicaly separated to his husband.its 8years now. but we dont have any certificate stating that their marriage was ended.do you think i have a strong case to sponsor?its so sad to be alone thats why i want really badly to sponsor them so we can live here all together as a family
i really hope all the members can help me with this..

 

[QuebecOkie]

I don't know much about applying as conjugal partners, except that basically conjugal partnership exists for cases like yours. With a lengthy relationship, including several children and a lot of financial support, and a very real legal barrier to marriage, I would think that you have a very good chance of getting approval if you put together a strong application. It is up to you to convince CIC that you two are in an ongoing loving, interdependent, and genuine marriage-like relationship.

HOWEVER, you may have cause for grave concern. You say you've been in a relationship with her for 8 years, and that you landed as a PR almost 3 years ago. If you landed as a PR without declaring your relationship with her, you will likely never be able to sponsor her for permanent residence.

 

[Rob_TO]

we had already 2 children,7 years old and 6 months old baby.ive been supporting them financially for almost 3 years now,since i landed here as permanent residence

Since you landed as Canada PR 3 years ago, please confirm:
- was your 7 yr old child (when you landed would have been 4 yrs old) included as a non-accompanying dependent in your application, and did a medical exam?
- before landing, were you ever living with your current spouse for 12 consecutive months, so were officially common-law when you landed? Was she included in your original PR application and did a medical exam?

 

[zardoz]

Of course, it doesn’t help that you refer to your "girlfriend" as your wife. You don't meet, from the information provided, the definition of either spouse or common-law.

 

[boramz]

Since you landed as Canada PR 3 years ago, please confirm:
- was your 7 yr old child (when you landed would have been 4 yrs old) included as a non-accompanying dependent in your application, and did a medical exam?
- before landing, were you ever living with your current spouse for 12 consecutive months, so were officially common-law when you landed? Was she included in your original PR application and did a medical exam?

hi rob_to

no i didnt include my daughter and did not do a medical exam simply because my brother sponsored me here,and it says that if your in a common law you will not be sponsored by your siblings.
and yes weve been living for 4 consecutive years before landed.i didnt consider our relationship as a common law because shes still married while were together.so i dont know what to do.please i need help for this.

 

[Ponga]

Yikes! Looks like a messy situation.

Since you can be in a common-law relationship while still married (as long as the marriage has broken down and you are not living with your spouse), I wonder if that could impact your own PR, since it could be seen as misrepresentation?

I hope not, but if you were common-law when you applied and became PR, whether YOU saw yourself as common-law or not...might be another issue, if you didn't list her on your application.

Good luck!

 

[zardoz]

Ah, so you WERE in a common-law relationship before you landed. And you landed as "single"?

If this is the case, you now have much bigger problems.

A) You committed "misrepresentation"
B) You will never be able to sponsor them.
C) Your brother also committed "misrepresentation".

 

[boramz]

thats why i need a good advice for my case because its a messy messy situation..

this is whats on my mind,,what if my partner will have to annul her marriage and we soon we will getting a marriage? do you think it will erase all the mispresentation that we signed before i landed here..
because seriously,i didnt know that i have to include my own family member before going here..if i know im gonna put them in my application so that i can sponsor them in the future

 

[Rob_TO]

do you think it will erase all the mispresentation that we signed before i landed here..

Absolutely not. Unfortunately your first child and spouse are now banned forever under the family class for sponsorship, since you didn't declare them in your original application.

There is not much you can do now. Perhaps your spouse can find a way to immigrate to Canada independently under skilled worker program.

Or perhaps there is some H&C grounds, although I don't think that is likely. CIC is very strict when it comes to not declaring family members when you land. Also submitting any kind of application for them, would just bring attention to the fact that you committed misrepresentation when you landed, and worst case you could have your own PR status revoked.

 

[zardoz]

thats why i need a good advice for my case because its a messy messy situation..

this is whats on my mind,,what if my partner will have to annul her marriage and we soon we will getting a marriage? do you think it will erase all the mispresentation that we signed before i landed here..
because seriously,i didnt know that i have to include my own family member before going here..if i know im gonna put them in my application so that i can sponsor them in the future

Absolutely not. If you have misrepresented, you cannot recover from that. You can't sponsor your family because you didn't declare them in your application. You can't change the past. At the very least, you need to be talking to a Canadian immigration lawyer, but I doubt that it will do any good.

 

[boramz]

thank you for all the concerns that you given me..
i know it hurts to know the facts..
but i hope eventually i will find a way to sponsor them..
will try the H&C if it works..
thank you,thank you

 

[canuck_in_uk]

H&C will cost you thousands and thousands of dollars and has little chance of being successful. As Rob said above, CIC is very strict when it comes to not declaring family members. Your argument of "I didn't know I was supposed to include them" isn't a compelling reason, especially since the application forms you and your brother filled out would have stated very clearly that you needed to include your partner and any children.

Search 117(9)(d) on Canlii to see what you are up against. https://canlii.ca/en/

 

[Rob_TO]

H&C will cost you thousands and thousands of dollars and has little chance of being successful. As Rob said above, CIC is very strict when it comes to not declaring family members. Your argument of "I didn't know I was supposed to include them" isn't a compelling reason, especially since the application forms you and your brother filled out would have stated very clearly that you needed to include your partner and any children.

Search 117(9)(d) on Canlii to see what you are up against. https://canlii.ca/en/

Also as i said, submitting a H&C application will show to CIC that the OP landed under misrepresentation. It's not just the H&C app could be refused, but he could also lose PR status as a result of submitting it. He even notes that he wouldn't have qualified for PR had he been truthful about his common-law relationship.

 

[boramz]

again thank you for all the concerns!

actually,my brother sponsored my father and my father included me as a family member.so basically my faher is the principal applicant.
since im single at that time thats why i got approved to be included in the application.
i didnt know that i have to include also my daughter and my partner for the future sponsorship.
its my fault for not included them on my PR application.

is there any way that i can sponsor them in the future..in any means

 

[Rob_TO]

since im single at that time thats why i got approved to be included in the application.

But at the time you landed you weren't single, so you weren't eligible to be sponsored anymore and should have been removed from your parents application.

If you try to submit an app for your wife and child now, then CIC will easily see that you committed misrepresentation, so will have cause to revoke your PR status since you weren't even supposed to get it in the first place.

is there any way that i can sponsor them in the future..in any means

I don't think you have any chance whatsoever. You should look at ways your wife can immigrate independently, outside the family class.