Changing from Conjugal Partner to Spouse

[Yasmine_GRL]

Hello, I need some help with my case

We applied under Conjugal Partner class in Feb 2012, I am the principal applicant, my file was transferred in June to the Visa Office.

We are getting married in a few weeks (finally) and I want to ask you first, if the marriage will harm in any way our application (will they deny it and ask us to reapply as married? we couldn't get married before because his birth certificate wasn't good in my country and he couldn't solve the problem with his embassy in Canada, we tried hard to find someone to help us in his home country as he couldn't go there for being a refugee) and what are the steps for updating it (I know CIC requests to be updated, but I don't know what forms need to be redone and who should do it, him once he is back in Canada or here at the visa office?)

Thank you!

I've searched the forum but I couldn't find anything about the topic

 

[Swede]

I can't say that I know, but my gut feeling tells me that you'll have to abandon your conjugal partner application and re-apply as a married couple. The conjugal partner immigration stream is for couples for whom it is impossible to either co-habit or get married, but since you could get married that fact should, by default, make you ineligible to apply as conjugal partners.

In any case, if you do get married, make sure you tell CIC. Full disclosure at all times!

 

[McDutch]

No, i got married during my application process and what you have to do is e-mail them asap after your wedding, telling them you and your spouse got married.
(include a few pictures of the ceremony for good measures)

Then they will ask you for your marriage certificate, so as soon as you get that, scan it, e-mail it to them and send the original over the mail.

The sooner the better

 

[MissDominica]

This is an immigration grey area. So, if your read the manual that the officers use to process cases (guidelines), it states that the officer is NOT required to adjust the application (ie. He/she is not forced to now consider you married instead of conjugal) but he/she must consider the proof submitted, regardless. It's vague (not a direct quote, I'm at work so I don't have the manual, but that's the jist of it.

To me, that means that the officer could decide to process your application as only conjugal (because that's what your applied as and they aren't forced to re-evaluate because you made a life change). Therefore, even if you send in your marriage info, the officer could still reject you if you don't meet the requirements on the conjugal class or for whatever reasons a normal conjugal case would be rejected. He might look at the marriage certificate and decide to reject you anyway. That's worse case scenerio. He could also decide that since you are now married, that you are not now a conjugal applicant and your original application is void (another bad scenerio). I have heard of those issues with common-law applicants.

On the otherside, and how I would assume most officers would proceed, since the guideline states that they must consider the new evidence (marriage), I think many officers would look at this new evidence as proof of a stronger relationship (vs when you applied). This, I think, would strengthen your application. This would be the best case scenerio.

I have heard it discussed heatedly in both aspects (big mistake and damaging to application vs great proof that your relationship is genuine) and there is no definite answer because of the vague guidelines. An officer could decide to go either way and his/her decision would be covered by the guidelines. I think, since you are planning to marry already and likely won't cancel your wedding, you will have to hold faith that you will get an officer who sees this marriage update as positive proof.

I understand your concern, as I applied common-law and considered marrying and thought about how it would affect our application. Unfortunately, there is no definite answer. It has gone either way in the past and could go either way for you, but if I had to guess, I would say it would be good for a conjugal application (since they are notoriously hard to prove). But no one can give you a definite answer except your visa officer and how he/she feels on this particular issue.

Hope it works out for you. I suspect it will. Enjoy your wedding!

 

[Sweden]

Indeed - no guarantee but hopefully positive. There has been a few applications where the visa officer has asked the couple why they didn't get married, and if they would consider getting married if it was possible etc...
You had a valid reason not to get married, and I imagine it's well documented in your application. Now you found a solution and you're willing to "make it easier" for the VO assessing your case since married applications have a much easier case than conjugal...

COngrats on your wedding, and fingers crossed for your case.
Sweden

 

[Steph C]

I think it's great that you are getting married as soon as you will be able, it shows strength to your case. I saw in Canlii where someone won an appeal because since the time they applied as conjugal and were denied they got married and it was considered as such. I think you will be fine, just submit an explanation and proof.