Common Law Conjugal Partner question

[katzandra]

Hello,
If you have been dating someone for almost 2 years and have been together four times and have children together are you common law partners in a conjugal sense?

I found this:

A conjugal partner is: a person who is living outside Canada, in a conjugal relationship with the sponsor for at least one year, and. could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation).

We have not been able to live together because of trying to finish college and immigration barriers. I have receipts for travel and pictures together showing our relationship. He is working on getting dual citizenship for our children. Can I apply for anything and work legally in Canada? Our goal is to finally to be together as a family. Providence is British Columbia.

 

[scylla]

Hello,
If you have been dating someone for almost 2 years and have been together four times and have children together are you common law partners in a conjugal sense?

I found this:


We have not been able to live together because of trying to finish college and immigration barriers. I have receipts for travel and pictures together showing our relationship. He is working on getting dual citizenship for our children. Can I apply for anything and work legally in Canada? Our goal is to finally to be together as a family. Providence is British Columbia.

What are the specific immigration barriers preventing you from getting married or becoming common law? Trying to finish college is not an immigration barrier.

Where are you from?

 

[scylla]

OK - looks like you are from the US. If so, zero chance you'll qualify for conjugal. You face no real immigration barriers to getting married or becoming common law.

In order to sponsor you, you either need to get married or become common law.

FYI - to be common law, you must live together continuously for at least one full year. No - having kids together certainly does not make you common law.

 

[katzandra]

I suppose the barrier then becomes having a option to live in Canada together for a year legally. I will be graduating this Spring with my Bachelor's in Social Work. Someone suggested that I go on a visitor's visa and extend to make a year, but I have 3 kids to support. One has special needs. So that's not financially wise. I have been emailing some jobs to see if they sponsor for employment, but so far I have not heard back.

 

[Rob_TO]

I suppose the barrier then becomes having a option to live in Canada together for a year legally. I will be graduating this Spring with my Bachelor's in Social Work. Someone suggested that I go on a visitor's visa and extend to make a year, but I have 3 kids to support. One has special needs. So that's not financially wise. I have been emailing some jobs to see if they sponsor for employment, but so far I have not heard back.

That is not a legal barrier, it's a personal choice.

You can also get married.

There is absolutely zero chance a conjugal app would work for you. You must find a way to become common-law by living together 12 months, or you must get married. Those are your only 2 options.

 

[canuck_in_uk]

I suppose the barrier then becomes having a option to live in Canada together for a year legally. I will be graduating this Spring with my Bachelor's in Social Work. Someone suggested that I go on a visitor's visa and extend to make a year, but I have 3 kids to support. One has special needs. So that's not financially wise. I have been emailing some jobs to see if they sponsor for employment, but so far I have not heard back.

As said above, personal choice, not a legal/immigration barrier.

Unless you have the necessary education/work experience to qualify under NAFTA, expect that it will be very difficult for you to find a job in Canada.

 

[katzandra]

Thank you for the replies. At least now I know that it is not applicable to my situation since I'm American. Which is kind of strange.

 

[scylla]

I suppose the barrier then becomes having a option to live in Canada together for a year legally. I will be graduating this Spring with my Bachelor's in Social Work. Someone suggested that I go on a visitor's visa and extend to make a year, but I have 3 kids to support. One has special needs. So that's not financially wise. I have been emailing some jobs to see if they sponsor for employment, but so far I have not heard back.

These aren't real immigration barriers. There are a number of different options that would allow you to achieve common law. And what about getting married?

Real immigration barriers would be where (for example) you are a same sex couple and you are from the Philippines where same sex marriage is illegal. Your partner is Canadian and the Philippines won't allow your partner to stay there for more than three months (so common law is impossible). Additionally, you've been refused a TRV to Canada so it's impossible for you to come here as a visitor to either get married or become common law. This is an example of a real immigration barrier.

Since you're from the US - conjugal isn't going to work and will end in refusal. Again, you need to either get married or live together for a year continuously to become common law.

 

[katzandra]

According to this https://www.canadavisa.com/nafta-professionals.html my profession/degree falls under the NAFTA.

 

[scylla]

Thank you for the replies. At least now I know that it is not applicable to my situation since I'm American. Which is kind of strange.

Not strange at all. Again, conjugal is for exceptional circumstances where it is literally impossible for people to get married or live together.

 

[katzandra]

These aren't real immigration barriers. There are a number of different options that would allow you to achieve common law. And what about getting married?

Real immigration barriers would be where (for example) you are a same sex couple and you are from the Philippines where same sex marriage is illegal. Your partner is Canadian and the Philippines won't allow your partner to stay there for more than three months (so common law is impossible). Additionally, you've been refused a TRV to Canada so it's impossible for you to come here as a visitor to either get married or become common law. This is an example of a real immigration barrier.

Since you're from the US - conjugal isn't going to work and will end in refusal. Again, you need to either get married or live together for a year continuously to become common law.

Thank you for explaining what a real barrier is - that makes more sense. And as far as marriage.. I can't force a man to ask. We have talked about it, but I can't force someone to propose.

 

[katzandra]

Not strange at all. Again, conjugal is for exceptional circumstances where it is literally impossible for people to get married or live together.

It was strange to me because you brought up that I was from America and that seemed to disqualify me. It makes sense now that you have explained an example.

 

[spousalsponsee]

Thank you for explaining what a real barrier is - that makes more sense. And as far as marriage.. I can't force a man to ask. We have talked about it, but I can't force someone to propose.

You can't make him ask.... but you could just ask him.

 

[canuck78]

Social work is a masters degree in Canada so that may cause some roadblocks when trying to find a job in Canada if you want to be a social worker.