Canada Conjugal Partner Sponsorship.....HELP!!!

[chessnut1087]

Any help/advice would be amazing.

I am a female US Citizen living in USA.
My boyfriend is Canadian living in Canada.

The Situation:
We have been dating for one year. Each month one of us travels to see the other one for 2 weeks. We literally spend hours per day on the phone, Skype, etc. We travel the world together on adventures and have the most incredible genuine romantic relationship.

The Problem:
I live in California and my boyfriend is in Alberta. Currently, the USA DOES NOT have a holiday work visa program with Canada. I cannot even get an interview with a Canadian company for a job offer without proof of Residency. In the same way, it is almost impossible for my boyfriend to get a job in the USA. We both make pretty good money right now, but I want to move to Canada to be with him. I love him and am willing to do so. HOWEVER, in order to qualify as "common-law" we have to co-habitate for 1 year. Basically, I would be squatting in Canada on a tourist visa for one year, unable to work.

I NEED to work. I would lose my mind if I had to go to Canada and not be able to make money to support my half of the bills.

I was going to apply as "conjugal relationship sponsorship" because we have overwhelming evidence of being together (over 115 days of physically being together in one year). However, after reading many responses on this site, I feel like we would be rejected even though we have overwhelming proof. How is it that Canada would endorse people just running up there and living together and not allowing the partner to work? Are they then encouraging more marriage fraud, people just marrying to get in?

Please help, I need advice on what do to...

 

[Smsm81]

Get married ;D

 

[canuck_in_uk]

As an American, you have zero chance of a successful conjugal app.

Conjugal is for applicants who can't come to Canada as a visitor and who, because of the laws of their home country, can't marry or live with their partner unmarried. For example, a gay man from Saudi Arabia that can't get a visitor visa to be with his partner in Canada and can't marry or live with his partner in Saudi Arabia where homosexuality is still punishable by death.

Your choice is to get married or live together for a year and become common-law.

 

[BeShoo]

I agree that you probably need to get married. At the very least, you need to be in a solid marriage-like relationship in nearly every way. If you tried a "conjugal partnership" application, you would basically need to prove that it is impossible for you to live together long enough to qualify as common-law, and the fact that you would lose your mind if you had to take a year off work is not a good enough impediment. They might also want to know why you don't just get married, and you'd have to have a good reason why you haven't.

They are definitely not encouraging marriage fraud. It's not enough to prove that you got married. You need to prove that your relationship has been developing for some time and that you really do live in a relationship that meets the description of a true marriage, that you have combined your financial and social lives, etc.

There was an American woman on this board a couple of years ago who was approved in the conjugal application category, but the vast majority of people who think they qualify as conjugal are not quite up to the point of being considered married to their partners.

 

[chessnut1087]

As an American, you have zero chance of a successful conjugal app.

Conjugal is for applicants who can't come to Canada as a visitor and who, because of the laws of their home country, can't marry or live with their partner unmarried. For example, a gay man from Saudi Arabia that can't get a visitor visa to be with his partner in Canada and can't marry or live with his partner in Saudi Arabia where homosexuality is still punishable by death.

Your choice is to get married or live together for a year and become common-law.

I actually don't quite believe in the "zero" chance. Have you had any experience with this or just heresay?

The reason being is that I feel like most people who get rejected turn to forums like this to try to find answers. However, we don't know the validity of their applications. Maybe they are not well-educated, maybe they didn't provide a well-structured application package easy enough for a government worker to follow?

I find it extremely difficult to believe that Canada would endorse people to squat for a year on Canadian soil completely unemployed just to apply as "common-law". If someone is from a country where it is "so difficult" to obtain a visa for visits, then the couple's relationship validity SHOULD be more scrutinized because they obviously haven't spent very much time together….

 

[chessnut1087]

I agree that you probably need to get married. At the very least, you need to be in a solid marriage-like relationship in nearly every way. If you tried a "conjugal partnership" application, you would basically need to prove that it is impossible for you to live together long enough to qualify as common-law, and the fact that you would lose your mind if you had to take a year off work is not a good enough impediment. They might also want to know why you don't just get married, and you'd have to have a good reason why you haven't.

They are definitely not encouraging marriage fraud. It's not enough to prove that you got married. You need to prove that your relationship has been developing for some time and that you really do live in a relationship that meets the description of a true marriage, that you have combined your financial and social lives, etc.

There was an American woman on this board a couple of years ago who was approved in the conjugal application category, but the vast majority of people who think they qualify as conjugal are not quite up to the point of being considered married to their partners.

Thanks for the advice. I just don't think it's wise to rush into a marriage just for immigration purposes. My boyfriend can and would support me for a year while I wait to be "common-law" but it is not acceptable to just "chill out" for a year in Canada not contributing to society or doing anything meaningful or constructive...

 

[BeShoo]

I agree that it's not wise to rush into marriage just for immigration purposes. If they even suspect that's what you're doing, they won't approve it anyway, but I think it you're not ready to get married, you're also not ready to immigrate in the family class.

 

[zardoz]

Conjugal partner

This category is for partners—either of the opposite sex or same sex—in situations beyond their control that keep them from living together so they would count as common-law partners or spouses.

A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship, and there is the same level of commitment as a marriage or a common-law partnership.

You may apply as a conjugal partner if:

you have had a conjugal relationship with your sponsor for at least one year and you could not live together or marry because of
an immigration barrier,
your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
your sexual orientation (for example, you are in a same-sex relationship and same-sex marriage is not permitted where you live) and
you can prove there was a reason you could not live together (for example, you were refused long-term stays in each other's country).

You should not apply as a conjugal partner if:

you could have lived together but chose not to, as this shows that you did not have the level of commitment needed for a conjugal relationship (for example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together),
you cannot prove there was a reason that kept you from living together,
you are engaged to be married (in this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months).

I concur. You don't meet the eligibility for "conjugal" by a very wide margin. I think that "zero chance" is pretty accurate. You said..

Please help, I need advice on what do to...

Well, the advice is "forget conjugal, it will not work for you".

 

[canuck_in_uk]

I actually don't quite believe in the "zero" chance. Have you had any experience with this or just heresay?

The reason being is that I feel like most people who get rejected turn to forums like this to try to find answers. However, we don't know the validity of their applications. Maybe they are not well-educated, maybe they didn't provide a well-structured application package easy enough for a government worker to follow?

I find it extremely difficult to believe that Canada would endorse people to squat for a year on Canadian soil completely unemployed just to apply as "common-law". If someone is from a country where it is "so difficult" to obtain a visa for visits, then the couple's relationship validity SHOULD be more scrutinized because they obviously haven't spent very much time together....

Have you looked at the definition of conjugal? There is no immigration barrier preventing either of you from going to the other's country. There is nothing preventing you from living together, only your personal choice not to because of employment. There is nothing preventing you from being married.

You don't meet any of the requirements to qualify as conjugal. It would be like applying as a married couple when you're not actually married. You don't meet the most basic qualification.

You may find it difficult to believe but it is what it is. If you aren't ready to get married or do what you need to do to become common-law, then, in CIC's own words, you do "not have the level of commitment needed for a conjugal relationship".

 

[Betina]

Thanks for the advice. I just don't think it's wise to rush into a marriage just for immigration purposes. My boyfriend can and would support me for a year while I wait to be "common-law" but it is not acceptable to just "chill out" for a year in Canada not contributing to society or doing anything meaningful or constructive...

You can work as a volunteer and then you will be contributing to society.
Or you can work for online or over the phone for an american employer.

And no, you definitely won't qualify for conjugal. Definitely. As in zero chances.

I agree with BeShoo, if you're not ready to make a commitment to your partner - either a common-law relationship or marriage -, I don't think you're entitled to use the Family Class.

 

[toutesweet]

I actually don't quite believe in the "zero" chance. Have you had any experience with this or just heresay?

The reason being is that I feel like most people who get rejected turn to forums like this to try to find answers. However, we don't know the validity of their applications. Maybe they are not well-educated, maybe they didn't provide a well-structured application package easy enough for a government worker to follow?

I find it extremely difficult to believe that Canada would endorse people to squat for a year on Canadian soil completely unemployed just to apply as "common-law". If someone is from a country where it is "so difficult" to obtain a visa for visits, then the couple's relationship validity SHOULD be more scrutinized because they obviously haven't spent very much time together....

I'm sorry but it really is pretty much a zero chance. You can however, apply for a work permit. What kind of work do you do? Is it on the list of in demand? Is there anyway you can get a pending job offer? Unfortunately the rules have changed about applying for an open work permit along with your PR application as if January 15th I believe? Try to find another way in work wise or get married or wait out the year. I think those are your options. Even common law is no gift. Conjugal is so not an open avenue to you. It's not the intent of the option. Sorry but that is 99.99 percent true. Start looking at work permits and go on the skilled worker or PNP threads. Family class is not your thing love ;-)

 

[toutesweet]

I found a post with a successful heterosexual Canadian/American conjugal on the site that I've now lost so you'll have to search it out. They listed their evidence. You will have to track it down yourself (sorry) they were approved. It "can" happen. I just would not count on it in anyway. This is not the 'intention' of conjugal class

 

[Betina]

I found a post with a successful heterosexual Canadian/American conjugal on the site that I've now lost so you'll have to search it out. They listed their evidence. You will have to track it down yourself (sorry) they were approved. It "can" happen. I just would not count on it in anyway. This is not the 'intention' of conjugal class

I think I know which case you're talking about, it was a few years ago. The american partner had trouble at the canadian border a few times and they really proved they were very interdependent (financially especially). So I think they proved that they were living like a married couple and that's what helped them. Plus, since then, the rules were tightened because of immigration fraud through Family Class.

 

[zardoz]

I think I know which case you're talking about, it was a few years ago. The american partner had trouble at the canadian border a few times and they really proved they were very interdependent (financially especially). So I think they proved that they were living like a married couple and that's what helped them. Plus, since then, the rules were tightened because of immigration fraud through Family Class.

If that was the AllisonVSC case, it was back in 2009 and a lot of water has flowed under a lot of bridges since then.

 

[Rob_TO]

A conjugal app is not "impossible", however if you submit one as a regular USA/Canada couple, then there is just an incredibly high chance of it being rejected, and also a much longer wait time for processing vs a regular common-law or married spouse application. Going by the rules in the CIC manuals, you are not supposed to qualify for conjugal if there is no legal barrier to you qualifying for common-law or getting married. Things like job or school are not considered legal barriers and it clearly states this in the manuals.

You would have a much better chance of success and would face a lot less hurdles, if you just did a small courtroom civil-ceremony marriage to become actual spouses, and then applied. A conjugal couple should be a "marriage-like" relationship anyways in which you are both intending to be with the partner forever, so there is really no viable reason for you not to get married. The only difference in a realationship between a married, common-law or conjugal couple... is that the married ones have a piece of paper. If you are waiting to do a big family celebration, then that part could come after.

So you are certainly free to apply as conjugal, but just note it will be a long uphill battle the entire way. I think some previously accepted conjugal apps had the good fortune of being processed by extremely compassionate and lenient visa officers, which is what you would require to have any chance of success.