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Approved - Conjugal Partner Relationship

YVR123

VIP Member
Jul 27, 2017
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If we apply common law, my partner can work?
I am not sure how long it will take but your partner can include application of OWP when you send in the sponsorship application.

It will take a few months (6 months or so) for the application to be approved. (and some said it's been put on hold currently during COVID but we do not know for sure yet)

BUT to become common law, your partner needs to first get TRV, travel to Canada and live with your for 12 months. (collect supporting information along the way)

Then you can send in the sponsorship. Which means your partner cannot work for likely 18 months or more. During the stay, your partner will need to extend visitor status. (so that the stay is legal as visitor)
 
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armoured

VIP Member
Feb 1, 2015
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BUT to become common law, your partner needs to first get TRV, travel to Canada and live with your for 12 months. (collect supporting information along the way)

Then you can send in the sponsorship. Which means your partner cannot work for likely 18 months or more.
Obviously if married first, the process can start up to 12 months sooner.

But hypothetical until the partner has applied for and received a trv.
 
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YVR123

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Jul 27, 2017
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Obviously if married first, the process can start up to 12 months sooner.

But hypothetical until the partner has applied for and received a trv.
Agree. I didn't expect OP will go down the common law road... or even consider that. Since they can apply soon after getting married. (once they received the marriage certificate)
 
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Jaise

Star Member
Dec 10, 2020
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I am not sure how long it will take but your partner can include application of OWP when you send in the sponsorship application.

It will take a few months (6 months or so) for the application to be approved. (and some said it's been put on hold currently during COVID but we do not know for sure yet)

BUT to become common law, your partner needs to first get TRV, travel to Canada and live with your for 12 months. (collect supporting information along the way)

Then you can send in the sponsorship. Which means your partner cannot work for likely 18 months or more. During the stay, your partner will need to extend visitor status. (so that the stay is legal as visitor)
Thanks for your help
 

Jaise

Star Member
Dec 10, 2020
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Suppose we get married in the same month he comes to Canada, after receiving the marriage certificate we can apply as inland spouse. Right? Or we need to wait for a certain period to get married? And does he needs to specifiy that purpose of visit is to get married?
 

scylla

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Suppose we get married in the same month he comes to Canada, after receiving the marriage certificate we can apply as inland spouse. Right? Or we need to wait for a certain period to get married? And does he needs to specifiy that purpose of visit is to get married?
You can get married right away.

If you specify marriage as the reason why you want the visa, the visa will most likely be refused since this will demonstrate an intent to remain in Canada long term. To get the TRV approved, you want the applicant to show strong ties to their home country (e.g. job, property, assets) and show they only plan to come to Canada temporarily.
 
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armoured

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Feb 1, 2015
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Suppose we get married in the same month he comes to Canada, after receiving the marriage certificate we can apply as inland spouse. Right? Or we need to wait for a certain period to get married? And does he needs to specifiy that purpose of visit is to get married?
@scylla pointed out the challenges; you should not assume your partner will get a visa. (I'd also note that right now, a TRV will not be much use in your case without an extended family exemption/authorization letter - which will mean of course also disclosing your relationship as effectively fiancéd).

So to circle back: repeat again that because you can't marry in the other country, it leaves only two realistic options for sponsorship - marry in Canada (or conceivably some other jurisdiction, were that an option)/common law, OR get refused for the TRV and apply under conjugal sponsorship - the conjugal sponsorship existing precisely for this reason.

I do hope you'll get the TRV as that will make things easier, but in your case, you need the TRV granted or the TRV refused to proceed.

So do apply for the TRV, but be aware, it could be refused - applying here is a necessary part of the process.
 

Jaise

Star Member
Dec 10, 2020
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What if they find out our real intention was to get married and does it affect the sponsorship application?
 

armoured

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Feb 1, 2015
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What if they find out our real intention was to get married and does it affect the sponsorship application?
No. Again, if you apply under the extended family (exclusive relationship) exemption, which is the only way to travel now anyway,they're going to know it's a high probability and refusal chances are high anyway.
 
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armoured

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Feb 1, 2015
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Again,part of the point in your case is to get refusal. (Would be great if accepted,of course).

The aspects that affect likely refusal are going to be to a large degree situation in home country - employment, family, assets, etc. If the ties to home country are weak, refusal chances high.

But without that refusal you can't apply under conjugal.
 
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Jaise

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Dec 10, 2020
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Hey, if suppose TRV is rejected, and we will apply for conjugal. Does IRCC will ask us why we didn't married in other countries and why I can't go back to India for one year to establish a common law relationship? How I could explain?
 

armoured

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Feb 1, 2015
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Hey, if suppose TRV is rejected, and we will apply for conjugal. Does IRCC will ask us why we didn't married in other countries and why I can't go back to India for one year to establish a common law relationship? How I could explain?
Have you read through the application package requirements for conjugal?
 
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armoured

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Feb 1, 2015
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Hey, if suppose TRV is rejected, and we will apply for conjugal. Does IRCC will ask us why we didn't married in other countries and why I can't go back to India for one year to establish a common law relationship? How I could explain?
So I don't have a complete answer, you'll have to go through the application package and likely other threads here.

-For common law: I think the simple answer would normally be that you have employment and commitments in Canada and as a PR wish to comply with your residency obligation. (Of course you still might conisder that option if it works for you).

-I don't know as well about getting married in other countries but one normal plausible answer would be what countries your partner could travel to (i.e. has a visa) that will perform same sex marriages for foreigners. (I don't think that there is a requirement to travel long distances to do this - but if the partner travels frequently to USA, you can expect the question would come up with not many good answers).

That said - if marriage in a third country is an option, it might be preferable for you. (For probably obvious reasons, conjugal sponsorship is subject to a fair amount of scrutiny - i.e. since the partners have not married nor become common law, they will need to be convinced it is a genuine relationship, which can be hard to demonstrate). For example if your partner had a visa to countries like usa / much of Europe, that would be easier.

My impression is that for same sex couples, the common problem is that most regional countries/visa-free for easier travel do not allow same sex marriage.

Didn't realise you're from India, this is further complicated right now by travel bans (and possibly limited TRV processing).

Still: your best starting point is still ... you'll have to and want to apply for the TRV anyway.