common-law or conjugal

[juliankatie]

I am a Canadian and my boyfriend is from Argentina. We are trying to figure out how to apply for his residency. We have been together over 2 years but have a few periods apart. In total we have lived together for 18 months but have also lived apart for 5 month, 3 month and 1 month periods. We were both working in different countries at the time and do not have a 12 month consecutive period together. Should we apply as conjugal instead of common-law and if so - what do we need to prove?

Thanks for any help and advice!

Katie and Julian

 

[Leon]

Well, tricky. Conjugal is normally reserved for people who can't live together or get married for some reason. Obviously you have managed to live together quite a lot although you haven't managed to get the qualifying 12 months in one go. You could apply conjugal and get denied because you have been able to live together and then again you might be approved if you get a nice immigration officer. You could apply common law and get denied because you don't have 12 months in a stretch or you might be approved if you get a nice immigration officer. The safest bet is getting married though.

 

[Angelic08]

Hi guys! I would also need so e advice because my situation is a lot different, I've been in a same sex relationship for 2 years and 10 months now. We've been in a relationship last November 21, 2010 after that we live together the next month because we have the same school for college and we want to be together on April 8, 2011 I leave to go to U.S to join work and travel program which is for my studies then I go back June 21, 2011 after that they past to become immigrant in Canada because her mother sponsor them, they live the country they leave the country August 2011. And she go back first week of October 2011. We then live again October to march and then after she finished school march 2011 she go to canada to work and because she need to be in canada 2 years in 5 years to remain her status as immigrant. October 2012 she came back to Philippines to be with me, we again live together but she leave philippines but we decided that we will do our best to be together I applied as a tourist in canada, and I pass I Am now here in canada but were thinking were can we go in common law or conjugal? I am now 4 months staying here in canada and we are living together, allthough same sex is legal here in canada we cant do that for now because we are thinking about our familys feelings, they are angry right now because I came here to canada and her parents are so mad at us, for now we want Them to accept us first and prove them that even if we are i. The same sex relationship we are still normal people who wants to be happy and be loved and be accepted by the people, we are also filipinos and filipinos dont agree with this kind of relationship, because we have different culture and beliefs that's why being in a same sex relationship is like a harmful disease. And even in those years that were apart we still have communication everyday so our relationship never stop.mendozarosean21@gmail.comare we gonna qualify in conjugal or common law? Thanks and god bless!

 

[truesmile]

You can't apply as conjugal Angelic as the only thing stopping you from getting married are others' feelings, not valid in CIC's eyes. So Then wait another 8 months and apply as 'common-law', when you will have 12 months continuous cohabitation... that is, if you can keep your status that long.

Your situation is not so unique. Even other couples face the same family issues at the thought of them getting married. I've have been in Philippines many times and have seen PLENTY of this "harmful disease" that you are talking about. Sounds to me as though the two of you will NEVER get married.

 

[Leon]

You can get married without telling your families. When you apply, you will have an easy time explaining why your families do not know about your marriage.