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Common law or conjugal partner???

Jamesantos

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Nov 8, 2013
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Hello. I need help. Im quite confuse if to declare common law or conjugal partner for my boyfriend. Weve been in a relationship for 7 years already. Shared a bank account for 5years or so, rented in their house for 5years or so without their parent knowing that we are a couple. We never admitted to anyone we are a couple but closest friend have an idea i think but never ask us about it. My question is
1. If i want to sponsor my boyfriend what category should i put him, common law or conjugal?
2. When i applied for my PR i declared single, so how can i sponsor him?
3. How will i be able sponsor him. I need guidance pls. I dont know were to start...

Have more questions....

Feeeling confused!
 

Rob_TO

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Jamesantos said:
Hello. I need help. Im quite confuse if to declare common law or conjugal partner for my boyfriend. Weve been in a relationship for 7 years already. Shared a bank account for 5years or so, rented in their house for 5years or so without their parent knowing that we are a couple. We never admitted to anyone we are a couple but closest friend have an idea i think but never ask us about it. My question is
1. If i want to sponsor my boyfriend what category should i put him, common law or conjugal?
2. When i applied for my PR i declared single, so how can i sponsor him?
3. How will i be able sponsor him. I need guidance pls. I dont know were to start...

Have more questions....

Feeeling confused!
If you've lived in the same house for 5 years, you would apply under common-law. For proof you would need to show things like mail going to the home, your joint bank account, and testimony letters from anybody else who knows about the relationship.

When did you get your PR status? And if you're not living in Canada now, how long have you been outside Canada since getting PR?

If you show to CIC that you've been living together for 5 years, and during that time (anytime after 1 year of living together) you got PR as a single person and did not declare your boyfriend as common-law partner, then CIC will declare him inadmissible under family class so you will never be able to sponsor him.
 

Jamesantos

Member
Nov 8, 2013
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I was a landed immigrant just recently - oct 20 2012, i am right now living here in canda but went home last september for a month.
* Is it helpful if i invite him here to canada to visit. Then disregard the prvious living together? Lets say were juat boyfriend since. Anyway i never change my address to his place. All my bills, etc are address to my parents house since i live visit them every weekend. Even our joint bank account have different address for both of us. Or
* get married, but where?

Still confused...
 

jomz

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May 3, 2011
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Jamesantos said:
I was a landed immigrant just recently - oct 20 2012, i am right now living here in canda but went home last september for a month.
* Is it helpful if i invite him here to canada to visit. Then disregard the prvious living together? Lets say were juat boyfriend since. Anyway i never change my address to his place. All my bills, etc are address to my parents house since i live visit them every weekend. Even our joint bank account have different address for both of us. Or
* get married, but where?

Still confused...
You can forget about sponsoring him as your common law spouse as you did not declare him in your PR application, and later at landing. You have to start over, meaning he can come here as visitor and you can live together, if he is able to extend his stay here legally as visitor for 1 year or more you can apply for common-law sponsorship.
 

Jamesantos

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Nov 8, 2013
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If he apply for visit will he declare that he has a boyfriend here in canada or is not a good idea? If he gmot approved for a visit then what would be the reason for extending?

Hopeless me...
 

canadianwoman

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Jamesantos said:
If he apply for visit will he declare that he has a boyfriend here in canada or is not a good idea? If he gmot approved for a visit then what would be the reason for extending?

Hopeless me...
You cannot sponsor him as your common law partner now, because CIC would reject the application based on the fact that you should have declared him when you immigrated. Same with conjugal, actually.
It is good you had separate addresses at the time. So when you do apply to sponsor him, do not say you were living together then, just say you were each living at your own parents' house and dating each other.
If he can get a visa to come here, I would not mention you in the TRV application. But for the extensions, he can say he has started living with someone and wants to live together one year to become common law. Or you two could get married, in which case you could send in the PR application right after.
 

marso

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Hi everyone! I have a similar problem with my PR application right now. I am about to leave my home country with a Temporary Work Permit in Canada, and I am currently completing my PR application package. I am confused how to declare my girlfriend as conjugal partner since the option is not in the form, BUT the guide p7000 clearly states that partners who have been in a conjugal relationship for at least one year but are unable to live together may still qualify and should be included on the application.

How exactly can one include a conjugal partner in the application when "Conjugal Partner/Relationship" is not in the forms?
Should I just put her name as "Common-law" partner in my form, but not submit a "Statutory Declaration of common-law Union" Since we have not lived together for 1 year?

Also, what happens to a PR application if the declared partner is not accepted? Will it be refused altogether?
 

rhcohen2014

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are you and your gf currently in the same country? is there a barrier to getting married or being in the same country? Conjugal is not a category many couples can be eligible for. For the most part, if there is no significant barrier to being in the same country or getting married, then you won't qualify for conjugal. Not getting married for financial or personal reasons don't apply. It is only for couples who can't legally get married (same sex, can't legally divorce previous spouse, etc.) or can't be in the same country because of immigration reasons.

If you have not cohabitated with your gf in the same apt/house for 365 consecutive days, Canada will NOT recognize your relationship as commonwealth.
 

marso

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rhcohen2014 said:
are you and your gf currently in the same country? is there a barrier to getting married or being in the same country? Conjugal is not a category many couples can be eligible for. For the most part, if there is no significant barrier to being in the same country or getting married, then you won't qualify for conjugal. Not getting married for financial or personal reasons don't apply. It is only for couples who can't legally get married (same sex, can't legally divorce previous spouse, etc.) or can't be in the same country because of immigration reasons.

If you have not cohabitated with your gf in the same apt/house for 365 consecutive days, Canada will NOT recognize your relationship as commonwealth.
Hi! thanks for the reply. I am in a same sex relationship and gay marriage is not legal here in our country. We have not lived together for personal reasons (our relationship is viewed immoral in our society/religion) and only our closest friends and my family know of our relationship. We appear as best friends to the general public. She does come home to my place 2-4 times a week but she comes back to their family home every now and then, that's why I don't think we qualify as common-law partners. What do you think?
 

rhcohen2014

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right, her staying with you doesn't qualify you as common-law. you would both need to use the same address as a primary residence to qualify. i would imagine you would qualify for conjugal. i am not familiar with filling out the forms for that category...
 

marso

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By any chance, do you have an idea what happens to a PR application if the declared partner is not approved?

I am wondering they'd refuse my application altogether if they do not accept the proof of our relationship. I've read it's very hard to prove a conjugal relationship.
 

gsize

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you are correct. Most conjugal are denied. You can always appeal.
 

marso

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gsize said:
you are correct. Most conjugal are denied. You can always appeal.
What do you think would happen to my application? I was wondering if they would just approve my application (assuming that there are no other causes for refusal) but drop my partner from the application or they'd reject the application altogether and have me re-apply without including my partner and declaring myself as single. I would prefer the former so I can reapply or appeal later when I have stronger proof of our relationship's genuineness.
 

gsize

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I hope you haven a VERY good reason why you did not get married ?