Common Law partner/Conjugal Partner visa questions

[Kuz]

Hi everyone,

I'm British and hoping to move to Canada to live with my girlfriend who I've been involved with for over a decade.

Last year, just as I hit the 31-years-old cut-off, I applied for a one year visit Canada visa which also gave me a work permit. I entered the country as a temporary resident in June so time is nearly up. Me an my gf are now in the process of getting me residency. I have a few questions and options I need some advice on.

1. Conjugal Partner - initially i was thinking of doing a conjugal partner visa,. Reason being that I need to be in a one year FULL cohabiting relationship then apply, but by visa runs out in a year so I have to leave before then and then i won't have been living with her full year exactly at the date I send my application in. Which is confusing cos then I could post my application to the London UK processing office a week before my visa runs out hoping it'll time right and land on their desk as the year passes and therefore by year work permit can be extended until they make a decision.. I spoke to several forum members last year before I moved out to Canada about the viability of this process and had a very encouraging resposne from a US citizen who manged to do the conjugal thing with a canadian citizen. After some research, there's no indication that we HAVE to get married before trying the conjugal thing - because that would practically be forcing people to get married and the Canadian Superem Court ruled against that. Our only impediment from being common law (i.e living together for one year) - is that my visa ran out before I could be with her a full year, so due to immigration barriers we're asking for conjugal partner visa. Sorry for the long paragraph - but thoughts on this

2. I'm inclined to apply for common law partner which seems much easier more suitable for us. I expect as soon my temporary worker visa runs out i become a tourist on a tourist visa for 6 months (automatically). So then I apply for the common law PR once I become a tourist and I can remain a tourist for the ENTIRE length of my stay here. My initial worry goiing this way was once I get on a tourist visa while my application is being processed, then I can't work int he country. While if i opted conjugal partner, i could feasibly still work with a valid permit while the PR is being processed. That is no longer an issue since i have some nicely profitable "passive" income streams so i don't need to be employed by another person - at all. Have I got this right? Once my year is up i then become a tourist for 6 months while my PR status is processed?

3. As for the sponsorship process. My relationshhip is geniune. We have emails and holidays we've taken together, photgraphs etc., going back 10 years. Since living here fot he last year, we've done the best we can to "intermingle our affairs". As mentioned I moved here in June and have a letter from my bank addressed to our Canadian address from the day before I landed - which I'll use as proof that i started living with her at that date. We also have a joint bank account which we opened 1-2 months after me moving here. We've bought various things together with my name on the receipt - kitchen appliances, furniture, over the course of a year. Her parents and our mutual friends will all write letters to attest to our relationship. However, we don't have both our names on the house, because it's hers or any other joint lease The aforementioned is all we got. Is this enough? Are there any other documents that we need to produce to verify our relationship? What documents did people here use ,successfully?

4. I'm considering applying outbound via London, UK ,where I come from. I've been told processing times are just a fraction of inbound applications - something like 8-11 months. I'm assuming, therefore, I will have to get forms and post them to London and she'll have to send her sponsorship form to the offfice in Missiauga. Is this correct? Am i advised to apply Outbound over Inbound? Will my experience me smoother? I have been told if i apply outbound - i can come and go from Canada as i please, but with Inbound, i'm stuck here until the PR is processed. Is that true? Finally, i see that the final price for PR is between $1000-1500 for me, depending. Which is much much higher than i thought. Is that accurate?

Sorry for the long post. Anyone have any informatipn/insight on the above, I would REALLY appreciate it.

Kuz

 

[Alurra71]

Hi everyone,

I'm British and hoping to move to Canada to live with my girlfriend who I've been involved with for over a decade.

Last year, just as I hit the 31-years-old cut-off, I applied for a one year visit Canada visa which also gave me a work permit. I entered the country as a temporary resident in June so time is nearly up. Me an my gf are now in the process of getting me residency. I have a few questions and options I need some advice on.

1. Conjugal Partner - initially i was thinking of doing a conjugal partner visa,. Reason being that I need to be in a one year FULL cohabiting relationship then apply, but by visa runs out in a year so I have to leave before then and then i won't have been living with her full year exactly at the date I send my application in. Which is confusing cos then I could post my application to the London UK processing office a week before my visa runs out hoping it'll time right and land on their desk as the year passes and therefore by year work permit can be extended until they make a decision.. I spoke to several forum members last year before I moved out to Canada about the viability of this process and had a very encouraging resposne from a US citizen who manged to do the conjugal thing with a canadian citizen. After some research, there's no indication that we HAVE to get married before trying the conjugal thing - because that would practically be forcing people to get married and the Canadian Superem Court ruled against that. Our only impediment from being common law (i.e living together for one year) - is that my visa ran out before I could be with her a full year, so due to immigration barriers we're asking for conjugal partner visa. Sorry for the long paragraph - but thoughts on this

2. I'm inclined to apply for common law partner which seems much easier more suitable for us. I expect as soon my temporary worker visa runs out i become a tourist on a tourist visa for 6 months (automatically). So then I apply for the common law PR once I become a tourist and I can remain a tourist for the ENTIRE length of my stay here. My initial worry goiing this way was once I get on a tourist visa while my application is being processed, then I can't work int he country. While if i opted conjugal partner, i could feasibly still work with a valid permit while the PR is being processed. That is no longer an issue since i have some nicely profitable "passive" income streams so i don't need to be employed by another person - at all. Have I got this right? Once my year is up i then become a tourist for 6 months while my PR status is processed?

3. As for the sponsorship process. My relationshhip is geniune. We have emails and holidays we've taken together, photgraphs etc., going back 10 years. Since living here fot he last year, we've done the best we can to "intermingle our affairs". As mentioned I moved here in June and have a letter from my bank addressed to our Canadian address from the day before I landed - which I'll use as proof that i started living with her at that date. We also have a joint bank account which we opened 1-2 months after me moving here. We've bought various things together with my name on the receipt - kitchen appliances, furniture, over the course of a year. Her parents and our mutual friends will all write letters to attest to our relationship. However, we don't have both our names on the house, because it's hers or any other joint lease The aforementioned is all we got. Is this enough? Are there any other documents that we need to produce to verify our relationship? What documents did people here use ,successfully?

4. I'm considering applying outbound via London, UK ,where I come from. I've been told processing times are just a fraction of inbound applications - something like 8-11 months. I'm assuming, therefore, I will have to get forms and post them to London and she'll have to send her sponsorship form to the offfice in Missiauga. Is this correct? Am i advised to apply Outbound over Inbound? Will my experience me smoother? I have been told if i apply outbound - i can come and go from Canada as i please, but with Inbound, i'm stuck here until the PR is processed. Is that true? Finally, i see that the final price for PR is between $1000-1500 for me, depending. Which is much much higher than i thought. Is that accurate?

Sorry for the long post. Anyone have any informatipn/insight on the above, I would REALLY appreciate it.

Kuz

Conjugal is not an option for you. That is a category usually reserved for those who are unable to obtain a visa and be with their partner. YOu clearly don't fit that definition.

Have you and your partner lived together for a continuous period of 12 months yet? If you have not, then you do not yet qualify as common law either and would need to complete the 12 months of continuous living together to qualify. The only option other than that would be to marry and do a straight spousal sponsorship.

All of the documentation you have is going to help provide them with solid proof of an ongoing marital type relationship, which is what you need to prove. The things you have described are the things that others have been using successfully.

If you file and OUTLAND application both yours and your sponsors application would first be sent to Mississauga. They will then approve/deny your sponsor (rarely is a sponsor denied so don't fret that too much) and then they will forward your portion to London for processing. You are correct you are free to come/go from Canada with an OUTLAND application without worry that it would be cancelled if you were denied re-entry. Just be aware that every time you leave Canada, you could potentially be denied re-entry on the whim of the CBSA agent, UNLESS you have a valid visa authorizing return. That is essentially what folks mean when they say if you file INLAND you must not leave. That is solely because if for some reason you are denied re-entry, your application and all the associated fees are lost and then you must start another application OUTLAND.

The total fees at $1040 to get your PR. There are miscellaneous expenses such as your PCC and medicals that are not included in this price. So your estimate of $1500 might be just a little bit high, but it would be close. The fees that you must pay are $75 for your sponsors application, $475 for the primary applicant, and then when they are ready to issue your PR visa, you would pay $490 for your landing fee. Most folks pay the balance up front, but you only MUST pay the initial $550 up front. The RPRF can be paid when requested by your VO, but keep in mind that could possibly delay you anywhere from a few weeks to a few months while that information is transferred to your VO and such.

Good luck.

 

[Kuz]

Hi,

Thanks for your thorough reply.

The conjugal thing I actually got insight from a couple of peopel on here last year who did the same - i.e they had to apply conjugal because they couldn't get a year visa to live together, weren't gay or previously married but were still accepted. I think the forum memebers who were successful like this were AllisonVSC, Elkan and Longshanks777 (don't think they're still around).

Still, I agree commone law is much similar/less riskier. Accept for the yera thing.

In June my yera in canada wil be up and i'll have to apply for common law. But i'm concerned about the overlap of me having been here a year (then having to leavE) and me qualifying as common law on the DAY my temporary visa expires could put the whole common law thing in jeopardy - which is why i was considering conjugal because immigration could kick me out just before I qualify as common law


Though I think i'm ok since i'm British, which means as soon as my temporary work visa expires, then i switch to a tourist visa automatically? So i have another 6 months grace to apply for a ccommon law PR.. I think i got that right.

Kuz

 

[Rob_TO]

The conjugal thing I actually got insight from a couple of peopel on here last year who did the same - i.e they had to apply conjugal because they couldn't get a year visa to live together, weren't gay or previously married but were still accepted. I think the forum memebers who were successful like this were AllisonVSC, Elkan and Longshanks777 (don't think they're still around).

Yes sometimes conjugal apps are approved even though the applicant is from a visa-exempt country and they are able to marry. However the rejection rate is incredibly high, and it takes a lot of luck in getting a sympathetic VO that will approve a conjugal app when there is no real barrier to common-law/marriage. Remember to achieve common-law one could just extend a 6-month visitor status to another 6 months, to make the 1 year requirement.

Read here for more about how VOs judge conjugal apps: http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf
5.25. Characteristics of conjugal relationships
5.26. Assessment of conjugal relationships
5.45. What is a conjugal partner?
-This category was created for exceptional circumstances – for foreign national partners of Canadian or permanent resident sponsors who would ordinarily apply as common-law partners but for the fact that they have not been able to live together continuously for one year, usually
because of an immigration impediment. In most cases, the foreign partner is also not able to marry their sponsor and qualify as a spouse
-However, if they are not married, they must be common-law partners. There is NO provision for fiancé(e)s or “intended common-law partners” in IRPA. If a Canadian and a foreign national can get married or can live together and establish a common-law relationship, this is what they are expected to have done before they submit sponsorship and immigration applications
- The conjugal partner category is mainly intended for partners where neither common-law partner status nor marriage is possible


So in your case a conjugal app could possibly have a small chance, as others have, but your chance is very slim. There is simply no real barrier to either marriage or common-law for you, and if a VO follows the CIC guides they would simply mention this as reason for rejection.

Our only impediment from being common law (i.e living together for one year) - is that my visa ran out before I could be with her a full year, so due to immigration barriers we're asking for conjugal partner visa. Sorry for the long paragraph

Did you make an attempt to extend the visa? There would not be an actual barrier, unless you could show an attempt for visa extension as a visitor was actually rejected.

It really makes more sense to just do a small civil wedding to get married, and apply as a married couple. This would be a much quicker time, and a practically guaranteed approval. Yes it would basically be marrying for immigration purposes since you don't really want to get married, but it really is your quickest and surest option.

 

[little_apple]

Hi,

Thanks for your thorough reply.

The conjugal thing I actually got insight from a couple of peopel on here last year who did the same - i.e they had to apply conjugal because they couldn't get a year visa to live together, weren't gay or previously married but were still accepted. I think the forum memebers who were successful like this were AllisonVSC, Elkan and Longshanks777 (don't think they're still around).

Still, I agree commone law is much similar/less riskier. Accept for the yera thing.

In June my yera in canada wil be up and i'll have to apply for common law. But i'm concerned about the overlap of me having been here a year (then having to leavE) and me qualifying as common law on the DAY my temporary visa expires could put the whole common law thing in jeopardy - which is why i was considering conjugal because immigration could kick me out just before I qualify as common law


Though I think i'm ok since i'm British, which means as soon as my temporary work visa expires, then i switch to a tourist visa automatically? So i have another 6 months grace to apply for a ccommon law PR.. I think i got that right.

Kuz

I'm German and came to Canada on a Working Holiday Visa. I applied for an extension as a visitor until my Young Professional Visa was granted. Then worked one year on the Young Professional visa, applied for PR as common-law during that time and applied for an extension to stay as a visitor again that I can stay here until PR will be granted. No problem at all.

I could even travel to the states with my visitor record without any issues or questions asked by the Canadian border officer.

You shouldn't have any problems to extend your stay as a visitor by telling them you want to stay to qualify as common-law. That's what I did and I received my extension 10 days later.

Don't start with conjugal. CIC is already giving me a hard time because we applied as common-law instead of getting married. Stay here as a visitor and apply as common-law or get married

 

[chessnut1087]

I agree with Rob and little_apple.

If you've truly been involved with each other for "over a decade" then why not make the entire process MUCH easier and just get married? You can have a small civil ceremony to make it official, but a bigger and more formal celebration at a later time when you're truly ready to have it with the family.

Juggling extensions, visitor visas, filing inland and risking etc, is not worth it in my opinion. Life doesn't have to be harder than it already is.

 

[steerpike]

The cases like AllisonVSC are from 2009. I'm wondering if CIC hasnt become more strict since then with that class of sponsorship?

because that would practically be forcing people to get married and the Canadian Superem Court ruled against that.

Except you ARE indeed forced to get married. I mean, thats what common-law is. Common-law ends up being "married" in every way except the name. And its FORCED on couples who live together (even Canadian citizens who are not immigrating or applying for anything special). Its forced on you. The only thing that isnt forced is the name "marriage".

So i really have no idea what the Supreme Court was thinking.

 

[little_apple]

We didn't want to get married just for immigration purposes. Yes, it will happen one day but we thought: "Great, we can apply as common-law as well, so let's do this" and one day, when everything is over, we can think about a wedding, take the time to plan, save up money to bring his family over to Germany or my family over to Canada which is kind of difficult right now because my Mom was really sick in the last 12 months and still needs a long time to recover...

But if we would have known how much harder it is and how many documents we would need we would be married now for sure

 

[canuck_in_uk]

Thought I'd throw my 2 cents in on a few things.

Which is confusing cos then I could post my application to the London UK processing office a week before my visa runs out hoping it'll time right and land on their desk as the year passes and therefore by year work permit can be extended until they make a decision.

While if i opted conjugal partner, i could feasibly still work with a valid permit while the PR is being processed.

I expect as soon my temporary worker visa runs out i become a tourist on a tourist visa for 6 months (automatically).

You cannot post the app even one day before you are actually common-law. And as the IEC is not extendable, you cannot continue working once it expires.

A conjugal application doesn't give you any more right to work in Canada than a common-law app. As I said, you must stop working when your IEC expires.

It is not automatic. Prior to your IEC expiring, you can apply to extend and change the conditions of your stay to visitor. If you don't, you will be illegal once your IEC expires, regardless of your PR app. This will allow you to stay in Canada for the full year in order to make common-law.

 

[Rob_TO]

The cases like AllisonVSC are from 2009. I'm wondering if CIC hasnt become more strict since then with that class of sponsorship?

Except you ARE indeed forced to get married. I mean, thats what common-law is. Common-law ends up being "married" in every way except the name. And its FORCED on couples who live together (even Canadian citizens who are not immigrating or applying for anything special). Its forced on you. The only thing that isnt forced is the name "marriage".

So i really have no idea what the Supreme Court was thinking.

There is verbage about this in the CIC manuals: http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf
5.45. What is a conjugal partner?
Because of Supreme Court decisions, the choice not to marry is a constitutionally protected choice. Thus, CIC cannot require couples to marry in order to immigrate. However, if they are not married, they must be common-law partners. There is NO provision for fiancé(e)s or “intended common-law partners” in IRPA. If a Canadian and a foreign national can get married or can live together and establish a common-law relationship, this is what they are expected to have done before they submit sponsorship and immigration applications.

 

[commonlawsponsor]

Don't start with conjugal. CIC is already giving me a hard time because we applied as common-law instead of getting married. Stay here as a visitor and apply as common-law or get married

How do you know CIC is giving you a hard time for applying as common-law instead of getting married?

Stuff like this worries me....

 

[little_apple]

How do you know CIC is giving you a hard time for applying as common-law instead of getting married?

Stuff like this worries me....

Because I sent them tons of information of us living together and they requested even more. They want to have everything that's on this list http://www.cic.gc.ca/english/helpcentre/answer.asp?q=347&t=14 and even more. We couldn't provide everything but almost everything and I still haven't heard from them if it is finally enough.

They were not satisfied with a letter from our landlord which confirmed when I moved in. We didn't have a joint lease that's why we included the letter but they asked again for a joint lease. The only way to send them one would be to fake one but we didn't do it. Instead I wrote them an explanation letter and included another letter form the landlord.

I would never do it again. I'm at the end of my ropes. 12 months into the process and still not sure if I'll get PR

 

[little_apple]

I tell you what I sent them and what they requested later:

Initial application:
- Letter from landlord stating when I moved in
- mail coming to my address after 1 month I lived there
- driver's licences with the same address
- joint bank account after 10 month of relationship
- joint purchase of condo after 10 month of relationship
- joint health insurance
- joint life insurance
- 4 stat. declarations from friends and family
- around 20 pictures
- vacations together etc.
- letter" history of our relationship"
- changed status with Canada Revenue

Officer requested:
- joint lease agreement from the first day living together
- joint utility bills from the first day living together
- joint bank account from the first day living together
- T4 from both of us for the last 2 years
- Notice of Assessment from both of us for the last two years
- proof of joint condo purchase

I sent:
- explanation letter
- another letter from landlord when I moved in + lease agreement in only my boyfriend's name
- payment receipt for every month we paid rent in both of our names
- T4's and Notice of Assessment for the last two years
- another printout from Canada Revenue showing common-law status
- joint purchase contract for condo
- joint condo insurance
- joint cat adoption
- monthly bank statements for every month since we had a joint bank account with note that we had separate ones before and the statements are not accessible anymore. Marked everything that could be important. Paystubs, bought furniture, insurances...
- proof that joint utility bills were not possible because 1) included in rent 2) later not possible for common-law, only when married. Shaw and electricity company refused to put two names on the bills
- printout of every paystub starting 6 weeks after I moved in (was looking for a job before that)
- printout of every phone bill after 4 month living together (had prepaid phone before that)

 

[Carlaganda23]

I tell you what I sent them and what they requested later:

Initial application:
- Letter from landlord stating when I moved in
- mail coming to my address after 1 month I lived there
- driver's licences with the same address
- joint bank account after 10 month of relationship
- joint purchase of condo after 10 month of relationship
- joint health insurance
- joint life insurance
- 4 stat. declarations from friends and family
- around 20 pictures
- vacations together etc.
- letter" history of our relationship"
- changed status with Canada Revenue

Officer requested:
- joint lease agreement from the first day living together
- joint utility bills from the first day living together
- joint bank account from the first day living together
- T4 from both of us for the last 2 years
- Notice of Assessment from both of us for the last two years
- proof of joint condo purchase

I sent:
- explanation letter
- another letter from landlord when I moved in + lease agreement in only my boyfriend's name
- payment receipt for every month we paid rent in both of our names
- T4's and Notice of Assessment for the last two years
- another printout from Canada Revenue showing common-law status
- joint purchase contract for condo
- joint condo insurance
- joint cat adoption
- monthly bank statements for every month since we had a joint bank account with note that we had separate ones before and the statements are not accessible anymore. Marked everything that could be important. Paystubs, bought furniture, insurances...
- proof that joint utility bills were not possible because 1) included in rent 2) later not possible for common-law, only when married. Shaw and electricity company refused to put two names on the bills
- printout of every paystub starting 6 weeks after I moved in (was looking for a job before that)
- printout of every phone bill after 4 month living together (had prepaid phone before that)

Hi little apple,

I'm sorry to hear about your case. I think, one of the reasons why they asked you again those documents because you sent your application exactly 12 months you are living together. I remembered you told me you moved in with him April 2012 and sent your application April 2013. I know you are qualified since it's completely 12 months.

The thing is VO gave you a problem since you don't have the proof for the full 12 months continuosly living together except the Statutory Declarations from your friends and families and the letter from your previous Landlord that you moved in with him.
He seems very strict, he asked you more proofs started from the month you lived together.

Is the letter from your previous landlord were Notarized? I hope it is...

As for my case, I applied for Common-Law too.
I sent:
-Acknowledgement Application to moved in to my partners apartment last July 2012
-Joint lease agreement from May 2013 to Present
-Proof of the same address from August 2012-February 2014
-Proof of Shared Finances from July 2012-December 2013 ( when I was still working)
-Will ( me as one of the beneficiaries)
-Cohabitation Agreement
-Statutory Declaration from Friends(2)
-Statutory Declaration of Common-Law Union
-Statutory Declaration from both of us stating how we met, the de-facto relationship happened, present and future plans
-Put him as my authorized contact in my phone bill
-Proof of our Relationship( Emails, Facebook posts, pictures together with family gatherings and with friends in Chronological order from January 2012-January 2014( our recent photo together) Cards, Receipts of our gifts to each other)
-Letters from both of our Families supporting our application and our continuous, genuine relationship

P.S We do not have joint bank account, insurance plan and joint credit card together since I sent him money regularly to pay our bills through Interac CIBC . I just printed the receipt of the transactions and include it in my application.

I'm just hoping you we get all through this long, arduous process and eventually be with our partners in Canada permanently..Goodluck to all of us!

 

[little_apple]

Hi little apple,

I'm sorry to hear about your case. I think, one of the reasons why they asked you again those documents because you sent your application exactly 12 months you are living together. I remembered you told me you moved in with him April 2012 and sent your application April 2013. I know you are qualified since it's completely 12 months.

The thing is VO gave you a problem since you don't have the proof for the full 12 months continuosly living together except the Statutory Declarations from your friends and families and the letter from your previous Landlord that you moved in with him.
He seems very strict, he asked you more proofs started from the month you lived together.

Is the letter from your previous landlord were Notarized? I hope it is...

As for my case, I applied for Common-Law too.
I sent:
-Acknowledgement Application to moved in to my partners apartment last July 2012
-Joint lease agreement from May 2013 to Present
-Proof of the same address from August 2012-February 2014
-Proof of Shared Finances from July 2012-December 2013 ( when I was still working)
-Will ( me as one of the beneficiaries)
-Cohabitation Agreement
-Statutory Declaration from Friends(2)
-Statutory Declaration of Common-Law Union
-Statutory Declaration from both of us stating how we met, the de-facto relationship happened, present and future plans
-Put him as my authorized contact in my phone bill
-Proof of our Relationship( Emails, Facebook posts, pictures together with family gatherings and with friends in Chronological order from January 2012-January 2014( our recent photo together) Cards, Receipts of our gifts to each other)
-Letters from both of our Families supporting our application and our continuous, genuine relationship

P.S We do not have joint bank account, insurance plan and joint credit card together since I sent him money regularly to pay our bills through Interac CIBC . I just printed the receipt of the transactions and include it in my application.

I'm just hoping you we get all through this long, arduous process and eventually be with our partners in Canada permanently..Goodluck to all of us!

I didn't know this forum here when I applied otherwise I would have waited a month or two before applying. But on the CIC website it says 12 months so we applied after 12 months. We had no doubt that my PR will be approved. After reading in this forum I started freaking out ;-)