Common-Law/Conjugal Partner - In desperate need of advise.

[ariell]

Hi ediaz121006

Sorry, I got sidetracked and didn't even answer your question.

I think you should either apply as conjugal or wait until your divorce is finalized and then marry and sponsor her as your wife.

The sponsored person absolutely does not need to be a college graduate or have any particular educational status or financial resources to apply. She could have no education and no money. They do not care about this.

Good luck to you!

Hello everyone, this is actually a followup question to my previous post.

I'm permanent resident in Winnipeg and legally separated. I want to sponsor my girlfriend in the Philippines as common law partner since my divorce papers is on its way anyway but I realized as a requirement in cic we must have live together for 1 year. When I was in the Philippines, we live together in a friends house for 5 months but after I migrated to Canada I find it impossible to stay long due to my work. Even so, we have continuous communication and I went back and fort couple of times already, which I have proof, hotel reservation, phone bills, email communication, pictures on our vacation in other country.

I was wondering if this can be considered as conjugal partnership? Also I'm not sure about this, does the sponsored person requires money and educational status such as being a college graduate to qualify?

Thank you and have a wonderful day.

 

[mirkopal]

thanks ariel...

i have the ideas really more clear now...
concerning only one aspects about my boyfriend:
jhe could not work for air france in canada, unless he s going to ask and apply there directly....air rfance canada is the same family but different thing in terms of administration...adn air france in canada they only work on the ground cuz there s no internal flights canada and france
he could live in canada by commuting ( i mean coming back when he as his day off , usually 6 days each 10 days of work) but i thinjk it s odd
anyway he has contacts in canada to work in the airline business...nothing official but he got some interesting proposition but waiting him to be able to work here....

another aspect.recently air france asked him to relocate in dublin or florence as main base...means living there...can we use that as another reason to show our itnerest in canada? until we were in france everything was ok cuz gay couple are respected socially and istitutionally but neither ireland and ESPECIALLY ITALY guarantee this form of support....so he prefers to change country (canada) instead of living ina contry italy when it seems that the new national sport is to stub gay couples... ( 6 cases in the last 3 months)....
can we use that as another reason to go to canada? a part the ones already expressed?
tjhanks a lot

 

[ediaz121006]

Wait for your divorce papers then marry her and sponsor her as spouse.

I thought about it at first but the Philippines does not recognize divorce. We could probably marry in a country where Canadian divorce is accepted as suggested before but that would be my last resort... I appreciate your quick response. Thank you very much.

Did your first marriage happened in the Philippines?? I have the impression that it is not because you said your divorce papers are "on its way". If your first marriage DID NOT take place in the Philippines then you can still marry her there.

Yes it did but I was thinking of a way to get a head start while waiting for my divorce papers to come out.

 

[ediaz121006]

Hi ediaz121006

Sorry, I got sidetracked and didn't even answer your question.

I think you should either apply as conjugal or wait until your divorce is finalized and then marry and sponsor her as your wife.

The sponsored person absolutely does not need to be a college graduate or have any particular educational status or financial resources to apply. She could have no education and no money. They do not care about this.

Good luck to you!

Hello everyone, this is actually a followup question to my previous post.

I'm permanent resident in Winnipeg and legally separated. I want to sponsor my girlfriend in the Philippines as common law partner since my divorce papers is on its way anyway but I realized as a requirement in cic we must have live together for 1 year. When I was in the Philippines, we live together in a friends house for 5 months but after I migrated to Canada I find it impossible to stay long due to my work. Even so, we have continuous communication and I went back and fort couple of times already, which I have proof, hotel reservation, phone bills, email communication, pictures on our vacation in other country.

I was wondering if this can be considered as conjugal partnership? Also I'm not sure about this, does the sponsored person requires money and educational status such as being a college graduate to qualify?

Thank you and have a wonderful day.

This is great. I don't think I will have a problem of proving the relationship too. Thank you so much for your advise and to the people who responded the thread and gave their opinion. It has been very insightful and I'm really glad I found this forum. Thank you and have a nice day everyone.

 

[ariell]

This is great. I don't think I will have a problem of proving the relationship too. Thank you so much for your advise and to the people who responded the thread and gave their opinion. It has been very insightful and I'm really glad I found this forum. Thank you and have a nice day everyone.

Sure, no problem. Glad it was helpful!

Now that you mention that your divorce did take place in the Phillipines, you should check what the rules are around divorce. My understanding was that you cannot get divorced in the Phillipines. You may want to do some reading here: http://jlp-law.com/blog/index.php?s=divorce and elsewhere. It's just the first link I found.

So in the case that you cannot divorce, then you should definitely apply as conjugal.

Best of luck to you!

 

[ariell]

another aspect.recently air france asked him to relocate in dublin or florence as main base...means living there...can we use that as another reason to show our itnerest in canada? until we were in france everything was ok cuz gay couple are respected socially and istitutionally but neither ireland and ESPECIALLY ITALY guarantee this form of support....so he prefers to change country (canada) instead of living ina contry italy when it seems that the new national sport is to stub gay couples... ( 6 cases in the last 3 months)....
can we use that as another reason to go to canada? a part the ones already expressed?
tjhanks a lot

I think you should focus your attention on proving that you have a genuine relationship. That is what they are interested in. They are not really so interested in your reasons for wanting to immigrate to Canada per se, so I wouldn't spend alot of time focussing on this. They might ask you this if you were called in for an interview, but really for the application, they want to see that you really love each other and that you are not simply trying to help someone get their PR. If you do decide to talk about it, I would focus on why you want to live in Canada and not why you are not interested in living in the other countries you mentioned.

 

[ediaz121006]

This is great. I don't think I will have a problem of proving the relationship too. Thank you so much for your advise and to the people who responded the thread and gave their opinion. It has been very insightful and I'm really glad I found this forum. Thank you and have a nice day everyone.

Sure, no problem. Glad it was helpful!

Now that you mention that your divorce did take place in the Phillipines, you should check what the rules are around divorce. My understanding was that you cannot get divorced in the Phillipines. You may want to do some reading here: http://jlp-law.com/blog/index.php?s=divorce and elsewhere. It's just the first link I found.

So in the case that you cannot divorce, then you should definitely apply as conjugal.

Best of luck to you!

Yes, that is why I filed the divorce here in Canada. We're finalizing the separation agreement and hopefully by next month I can start with the divorce proceedings. My lawyer indicated that even if I divorced my ex wife here I will still not be able to remarry in Philippines for the reason as explained earlier. I was given the option to marry my partner in other country where Canadian divorce is accepted or apply for conjugal partnership.

Thank you gain for your assistance.

 

[trewmenn]

can i know why people are so discouraging about conjuugal partner route? because it s more difficoult to prove with proofs?
i can only tell u that if u bring everything that shows...well it should be no problem...i m the example..
conjugal partner sponsored by a canadian italian who had no revenue (he finishing his bachelor)
we were together for 2 years...we applied as conjugal partners...and in 4 months we got positive answer

Is it true. that you'd applied for conjugal partner but it was approved?? my girlfriend is in canada and she was sponsoring me as conjugal partner application. but she was working for her divorce application and waiting for the result. Can We go to this kind of application??

 

[Leon]

Is it true. that you'd applied for conjugal partner but it was approved?? my girlfriend is in canada and she was sponsoring me as conjugal partner application. but she was working for her divorce application and waiting for the result. Can We go to this kind of application??

If you read Mirkopals other posts (click on the username, go to the bottom and look for "Show the last posts of this person." you will see that although his first sponsorship went well, his 2nd was not so easy. They were initially refused but after talking to his MP, the case was re-opened and they were approved. However, they are also a same sex couple and conjugal is hard to get approved but still easier for a same sex couple than a straight couple. A lot depends on the visa officer that reviews your case. There have been straight couples who had no real immigration barrier for why they did not live in each others country and who did not get married simply because they did not want to who have been approved and there have been other people who did have immigration barriers for living together who were refused. Some people have been repeatedly asked in interviews why they did not just get married while other cases like Mirkopal who could have had a same sex marriage in Canada or in a European country that allows it, have been approved.

Before you apply for conjugal, read the following: The red comments are mine.

Conjugal partner

This category is for partners—either of the opposite sex or same sex—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

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

You may apply as a conjugal partner if:

you have maintained a conjugal relationship with your sponsor for at least one year and you have been prevented from living together or marrying because of:
-an immigration barrier This means you are unable to travel to each others countries in order to get married or can not get a visa for long enough to live together for 12 months, even with extensions
-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)
-you can provide evidence 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. This shows that you did not have the level of commitment required 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.) Keep in mind that even if you are not allowed to work in each others country, many people have made the sacrifice of giving up their jobs or studies in order to go and live with their Canadian partner for one year on visit status, extending after 6 months stay.
-You cannot provide evidence 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.

 

[trewmenn]

If you read Mirkopals other posts (click on the username, go to the bottom and look for "Show the last posts of this person." you will see that although his first sponsorship went well, his 2nd was not so easy. They were initially refused but after talking to his MP, the case was re-opened and they were approved. However, they are also a same sex couple and conjugal is hard to get approved but still easier for a same sex couple than a straight couple. A lot depends on the visa officer that reviews your case. There have been straight couples who had no real immigration barrier for why they did not live in each others country and who did not get married simply because they did not want to who have been approved and there have been other people who did have immigration barriers for living together who were refused. Some people have been repeatedly asked in interviews why they did not just get married while other cases like Mirkopal who could have had a same sex marriage in Canada or in a European country that allows it, have been approved.

Before you apply for conjugal, read the following: The red comments are mine.

Sir Leon, if our application may be denied, is it easier if we re-appeal for another one until her divorce approved and get married somewhere. right??

 

[trewmenn]

If you read Mirkopals other posts (click on the username, go to the bottom and look for "Show the last posts of this person." you will see that although his first sponsorship went well, his 2nd was not so easy. They were initially refused but after talking to his MP, the case was re-opened and they were approved. However, they are also a same sex couple and conjugal is hard to get approved but still easier for a same sex couple than a straight couple. A lot depends on the visa officer that reviews your case. There have been straight couples who had no real immigration barrier for why they did not live in each others country and who did not get married simply because they did not want to who have been approved and there have been other people who did have immigration barriers for living together who were refused. Some people have been repeatedly asked in interviews why they did not just get married while other cases like Mirkopal who could have had a same sex marriage in Canada or in a European country that allows it, have been approved.

Before you apply for conjugal, read the following: The red comments are mine.

Do you lived in Alberta??? Do you know any Immigration Lawyer there??

 

[Leon]

Sir Leon, if our application may be denied, is it easier if we re-appeal for another one until her divorce approved and get married somewhere. right??

If your application is denied, you must first know why so you can correct that. If you are denied because immigration feels you should have married or lived together for 12 months, then you should just wait for the divorce, get married and apply again.

 

[trewmenn]

thanks Leon... Getting denied it's not over yet.. just making the IO think that we are really couples trying to get each others touch. I already read about those applicant who re-appeal on their application. But I will wait for her divorce papers be approved. Are you in Alberta??