Common-Law, Conjugal Partner Question for Gay Couple

[cvic]

Hi,
About a year or so ago I went into this forum to get advice for my immigration options for my same-sex partner. The only option for us then was to live as a common-law couple as she could not get a TRV to visit Canada and get married there.
I gave up my job in Canada and went to the Philippines to live with my partner. I came from the Philippines before I went to Canada, however, I was away for almost a dozen years already and had a difficult time adjusting to Philippine life. Also, I had to look for work, which was both professionally and financially less compensating than my job in Canada. The stresses of the adjustment added to relationship troubles. Sad to say, the relationship did not work. In our timeline, at of this time, we would have finished the one-year requirement. Our relationship ended eight months after I arrived and after 18 months of the relationship. I knew this person from grade school so no one can say that I have impulsively decided on making this big move. I suffered from depression and was under medication for two months. Fortunately, I have recovered and my employer retained me.
I was scheduled to go back to Canada by February of this year, 2013. However, two months ago or so, I met a wonderful person and am now in a relationship with her. We are well and happy. Right now, and here in the Philippines, though, we cannot totally live together. She is unmarried but she has two children and they all live with her mother and father. Their family is not open to our kind of relationship. She will be disowned and it will be difficult for the children to separate from their grandparents, while they are in the Philippines. It would be financially difficult for us to all move in together. Right now, she is staying in her mother's home because she does not have to pay any rent. Her earnings, she uses for her children's education as well as to provide the daily needs of the kids and her mom. It would be easier for us to move elsewhere and be financially independent before letting the parents know of our situation. I am mentioning all these because I would like advice on our options for immigration category.

1. Will we pass as a Common-Law couple, even if we do not live entirely together? Our workplace is walking distance from my condominium. Everyday she comes to "our" home and we go to work together. We walk back home everyday to eat at our place during lunch and during dinner. She goes back to her mother's home everyday except Thursday when she stays with me. She has made up an excuse to her mother why she won't be home on Thursday nights. She does the grocery for the condo, she has a set of clothes here. I provide for our financial needs since I earn more, but she and I do the budgeting. She budgets our groceries and eating out. On weekends she has to be at their family's house with her kids. Here at the condo, we are considered as a couple and she is declared as a resident here.

2. If we will not pass the definition as a Common-Law couple, is our situation enough for her to be considered a Conjugal Partner of mine under the immigration definition?

3. We are exploring the option of marrying in another country. I am hesitant for her to apply for a TRV to Canada as my ex-partner has been rejected twice.

I am in this forum hoping to get assistance in the form of information, moral support and hopefully leads on what country we can go to for getting married so that I can sponsor her as my spouse to Canada. This is also the reason why we are saving money so we can go on such trip, if we can.

Thank you very much in advance for your replies.

 

[scylla]

1. No - you won't qualify for common law. To qualify for common law, you must have physically lived together at the same address for a minimum of one full year. Your situation definitely won't qualify.

2. I think conjugal could certainly work. However see if you can get married in a third country first. If you can't, this will provide further evidence / support for your conjugal application.

3. Yes - I would try marrying in a third country. I think the TRV is a lost cause and wouldn't apply again.

 

[BC_guy]

1. No - you won't qualify for common law. To qualify for common law, you must have physically lived together at the same address for a minimum of one full year. Your situation definitely won't qualify.

2. I think conjugal could certainly work. However see if you can get married in a third country first. If you can't, this will provide further evidence / support for your conjugal application.

3. Yes - I would try marrying in a third country. I think the TRV is a lost cause and wouldn't apply again.

I disagree with the response on point 2. Since you are already in the Philippines, there is no physical barrier from living together as common law. This option would supersede the conjugal option, so the VO would likely not accept the conjugal reason. Furthermore, the lack of acceptance from your partners family would not be considered a valid reason for not living together.

The TRV application is not a waste, since it provides additional evidence supporting your relationship. However in your case, since you're not living in Canada now... it would not make sense.

The most likely way of success would be marriage in a third country such as S.Africa. You would still need to prove the relationship is genuine, but this is much easier done than supporting all the necessary conditions of common law or conjugal. Also it has the advantage of not waiting 1 year before submitting your application.

 

[scylla]

I disagree with the response on point 2. Since you are already in the Philippines, there is no physical barrier from living together as common law. This option would supersede the conjugal option, so the VO would likely not accept the conjugal reason. Furthermore, the lack of acceptance from your partners family would not be considered a valid reason for not living together.

Good point. Re-thinking it I agree with BC guy (I'm not awake yet apparently). Parent disapproval isn't a barrier in CIC's eyes. Get married in a third country.

 

[cvic]

I see, so Immigration will not consider cultural and financial barriers to fully living together?
Sorry, I failed to mention that I realize that the Common-Law and Conjugal Partner category requires 1 full year.

 

[scylla]

Correct - financial and cultural barriers don't count. The barriers to marriage / living together have to be real immigration barriers.