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

[keesio]

I actually don't quite believe in the "zero" chance.together....

It's probably not zero. But it is very low. How low? I'd say the odds that the next President of the USA is not a Democrat or Republican is greater than you qualifying as conjugal.

 

[chessnut1087]

Thanks for the advice

We're going to apply anyway because we share all bank accounts, finances, we're each other's legal beneficiaries, etc. I have applied for MANY jobs in Canada but no firms want to do the legwork of bringing in someone from out of country (I am an environmental consultant).

I would have just applied under "work visa" but the problem is that I have no job offer and numerous rejections for employment BECAUSE I am not authorized to work there already. That seems to be barrier enough to me...

 

[scylla]

That seems to be barrier enough to me...

It may be for you - but CIC will disagree. This isn't a real immigration barrier. It's a financial barrier. Financial barriers aren't considered real barriers for the purposes of qualifying you to apply for conjugal.

Save yourself money, time and frustration. Wait until you actually qualify (married or common law) to apply.

 

[scylla]

Currently, the USA DOES NOT have a holiday work visa program with Canada.

This is incorrect.

http://www.swap.ca/in_eng/index.aspx

 

[Rob_TO]

I would have just applied under "work visa" but the problem is that I have no job offer and numerous rejections for employment BECAUSE I am not authorized to work there already. That seems to be barrier enough to me...

The specific CIC manuals disagree. It states VERY clearly right on the CIC website that job/employment reasons are NOT considered barriers.

Why don't you just get married in a simple civic ceremony?
Put it this way, at the end of the day if you apply as a married couple you are looking at a practically guaranteed approval in less than 1 year.
If you apply as conjugal you are looking at an almost sure refusal, and extended processing time waiting.

Read here for more: http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf
5.45. What is a conjugal partner?
-if they are not married, they must be common-law partners. There is NO provision for fiancé(e)s or “intended common-law partners” in IRPA. If a Canadian and a foreign national can get married or can live together and establish a common-law relationship, this is what they are expected to have done before they submit sponsorship and immigration applications.
- , but the two have not been able to live together continuously for one year, usually because immigration rules prevent them from long stays in one another's countries. As well, for these individuals, marriage is usually not an available option. The conjugal partner category is mainly intended for partners where neither common-law partner status nor marriage is possible, usually because of marital status or sexual orientation
- The conjugal-partner applicant should explain why they have not been able to live continuously with their sponsor for at least one year. In most cases, there will be an immigration impediment to continous cohabitation (e.g., inability to obtain long-stay visas for one another's country). Non- cohabitation for purely personal or economic reasons (i.e., did not want to give up a job or studies) does not normally qualify as a sufficient impediment,
- Officers should also inquire whether the couple is planning to marry. If they are planning to marry, then they are fiancés and may not have established a conjugal relationship.

 

[QuebecOkie]

Why ask for advice when you have no interest in anything other than having your opinion/decision affirmed? It's pretty clear that you don't meet the qualifications for conjugal partners. If you were hassled at the border and denied entry, you *might* be able to stretch that into something resembling a true "barrier," but even then, your boyfriend could easily visit the U.S., so you could still easily get married. "I just don't really know if I want to marry the guy," and, "I'd rather not suffer through a year without working," are not real barriers AT ALL. In fact, those things make your relationship seem less committed, compared to what so many on this forum have gone through in order to be with their partners.

 

[chessnut1087]

Why ask for advice when you have no interest in anything other than having your opinion/decision affirmed? It's pretty clear that you don't meet the qualifications for conjugal partners. If you were hassled at the border and denied entry, you *might* be able to stretch that into something resembling a true "barrier," but even then, your boyfriend could easily visit the U.S., so you could still easily get married. "I just don't really know if I want to marry the guy," and, "I'd rather not suffer through a year without working," are not real barriers AT ALL. In fact, those things make your relationship seem less committed, compared to what so many on this forum have gone through in order to be with their partners.

Ok first of all, I am trying to get an understanding of this process which is NOT intuitive at all. You didn't have to lecture me in this post or question my motives for asking whatever I want to ask. Secondly, don't compare my situation with what other people have gone through because these are case-by-case scenarios. I merely provided a synopsis of the situation that I have. If you have nothing constructive to add to the discussion, then you should find someone else to chastise.

 

[chessnut1087]

Thank you to everyone who had input for me. It was interesting to get ideas from you as to what to do. Thanks again.

 

[desi_jatt]

you or your boyfriend should look at TN visa under NAFTA to work in Canada or US.

Its for citizens of Canada, USA and Mexico to work in any of these countries.

Its for specific occupations and you need to have the Qualifications and Job letter from an employer.

I had exp for TN for USA, its pretty simple process, get a job and job letter and then drive to US border post , tell them there for TN. A visa officer under NAFTA takes your interview and staples I94 in your passport for the duration of your job or the validity of your passport. Its not transferable if you leave the job or want to change, you have to get another TN.

 

[dozel]

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...

Your case is definitely not strong enough for the "argument" of your conjugal option. First of all, some cases here are married couples who have dated for 2 year prior to their marriages were required to show more proof of their relationships. When the visa officer review your conjugal application, first question/doubt will come up to their mind is "why don't they get married?" As a result, you maybe asked to prove the reason that you two chose not to get married.

I understand your situation about not being able to live with each other because of your jobs and pay the bills. You know what? Everyone here in this forum are just like you. We are all not living together, have jobs to do, have bills to pay. And this makes your case much less special. Conjugal option may be more suitable for the couple who live really far away from each other. Such as one live in China, the other one is in Canada. In that case, their situation are more complicated (therefore they have a better excuse or reason to apply as conjugal partners)

 

[zardoz]

Your case is definitely not strong enough for the "argument" of your conjugal option. First of all, some cases here are married couples who have dated for 2 year prior to their marriages were required to show more proof of their relationships. When the visa officer review your conjugal application, first question/doubt will come up to their mind is "why don't they get married?" As a result, you maybe asked to prove the reason that you two chose not to get married.

I understand your situation about not being able to live with each other because of your jobs and pay the bills. You know what? Everyone here in this forum are just like you. We are all not living together, have jobs to do, have bills to pay. And this makes your case much less special. Conjugal option may be more suitable for the couple who live really far away from each other. Such as one live in China, the other one is in Canada. In that case, their situation are more complicated (therefore they have a better excuse or reason to apply as conjugal partners)

To apply under the "conjugal partner" definition, there must be a specific BLOCK to being common-law or getting married, based on legal or immigration grounds, not "choice". Just being "difficult" or "inconvenient" will not be sufficient.

 

[CdnandTrini]

Thank you to everyone who had input for me. It was interesting to get ideas from you as to what to do. Thanks again.

Hello chessnut1087, please consider all of the advice you have gotten here especially from some of the senior members who do know what they are talking about. Save yourself, time, money and heartache. On our thread - Port of Spain - we have had one conjugal refusal and one common-law refusal (both heterosexual couples FYI) in the past year. The conjugal application although submitted by a lawyer on behalf of a couple was refused for reasons similar to what others have commented on already, there was no clear impediment to the couple being married.

The common law refusal was even more frustrating, the couple - female med. student sponsoring her common law hubby - had lived together for over 2 years in his home country where she was doing clinical rotations. The reasons given to them by the VO? "We really don't like common law applications, we prefer that people get married" and "why did the landlord sign your rental agreement with one colour of pen and your rent receipts with another color of pen?" If you want to read the entire story send me a PM and I will direct you to the specific member's posts.

Lastly the Canadian/American couples typically have even more logistical and visiting advantages (I applied 4 times for my husband to visit from a Caribbean country and was refused 4 times - if you read some of the other threads you will see those high refusal rates there as well) than some of the rest of us whose spouses/SO's we do not share a border with so that actually will also negatively impact your chance of success. Is it written anywhere in a CIC manual?......no but it is common knowledge and practice. Blessings.

 

[Zarilenth]

From reading her other posts it looks like she did get married in the end! Chessnut - best of luck!!

 

[Line.a]

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....

13 months and still waiting, trust me, some people wait a long time to get their PR! Whether it's married or common law. I think most people try and visit and stay together as much as possible, extend the stay to get that whole year in, start getting joint bank accounts and maybe a shared lease.