Confuse with PR requirement.. Please Help

[canadalover4987]

The medical is valid for a year.

She shouldn't need a form from CIC to do an upfront medical, but perhaps ask someone else from the Philippines. I think all panel physicians are supposed to do an upfront medical. I think there are a few exceptions, like Singapore (I think).

Yes, medical is valid for only a year. After a year, CIC can extend the validity, or require you to submit another medical. That is CIC's decision.

Thanks a lot. is there anything you want to add or advice? anything you can think is very much appreciated.

 

[canadalover4987]

Does her family member needs to do upfront medical even if they are not coming?

 

[Kayaker]

No. But if she has any children, they need to do a medical.

 

[canadalover4987]

No. But if she has any children, they need to do a medical.

No she doesnt have any kids at all neither do i.

 

[canadalover4987]

CIC does not accept financial or employment reasons as immigration barriers.

They count 1 year from your first meeting in person. And you have to prove that you have been a married couple in all but documentation.

Is there anywhere specifically said in the CIC website that we need to count 1 year from the first meeting? and CIC will not accept financial or employment status as immigration barriers?

 

[MilesAway]

It is stated in the guides. The manual clearly states that employment and study reasons are not immigration barriers. I don't have the time to go through the manuals at the moment, but they are definitely there.

You have to prove that you have a marriage-like relationship. How can you have a marriage-like relationship if you have not met in person? The 1 year is the length of time that you have been committed to each other, and CIC states that it is not necessarily from the first meeting. Most people don't turn into a married couple on the first date, and if they did, there would be some questions asked.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

 

[canadalover4987]

A foreign partner may be married but comes from a country where divorce is not
possible or the Canadian and partner may be in a same-sex relationship. In both cases, the
partners probably will not be able to obtain long-stay visas in order to live together in one
another’s country and meet the cohabitation requirement for common-law partners. Because the
other option – marriage – is not available to these couples, they are permanently separated. This
is unfair and discriminatory. The conjugal partner category provides the ability for a Canadian in these circumstances to sponsor the foreign national partner. It is not intended to be used to avoid
the usual requirement to be a spouse or common-law partner before immigrating.
The conjugal partner category applies only to the family class and only to a foreign national
sponsored by a Canadian citizen or permanent resident living in Canada. This category does not
apply to the spouse or common-law partner in Canada class as the exception would not be
required in Canada.

Conjugal partners are exempt from meeting the LICO requirements and the excessive medical
demand criteria. There are no conditions attached to their permanent resident visas although
sponsorship is required. As members of the family class, their sponsor has appeal rights.
A conjugal partner is not a common-law partner under Canadian law until the one-year
cohabitation requirement has been met. Applicants should be counselled that they and their
partner will not be considered to be in a common-law relationship for purposes of other federal
benefits and obligations until they have lived together in Canada in a conjugal relationship for at
least one year. The applicant’s Confirmation of Permanent Residence form will not indicate their
marital status as “conjugal partner” since this relationship is not legally recognized in Canada
beyond the IRPA.

 

[canadalover4987]

Is there anywhere specifically said in the CIC website that we need to count 1 year from the first meeting? and CIC will not accept financial or employment status as immigration barriers?

In general, people who have made the level of commitment expected in a conjugal relationship
would normally marry or live together. If a foreign national could have married their Canadian
sponsor or lived with them, and chose not to do so, then it is questionable whether they have the
significant degree of commitment characteristic of a conjugal relationship.
The conjugal-partner applicant should explain why they have not been able to live continuously
with their sponsor for at least one year. In most cases, there will be an immigration impediment to
cohabitation for purely personal or economic reasons (i.e., did not want to give up a job or studies)
does not normally qualify as a sufficient impediment, but should be assessed on a case-by-case
basis. Applicants should be able to provide evidence that they have seriously considered living
together as common-law partners.

For example, they might have explored options for living
together in one another’s country, such as work or study permits, how their occupational skills and
qualifications would be recognized in their partner’s country, visitor visas, long-term visitor status,
etc.


Officers should also inquire whether the couple is planning to marry. If they are planning to marry,
then they are fiancés and may not have established a conjugal relationship. Officers should
explain that there is no fiancé(e) category in Canada’s immigration legislation, and that the foreign
national fiancé(e) must be married to their Canadian sponsor and apply to immigrate as a married
spouse.

 

[MilesAway]

I'm not certain why you reposted the guide.

Several couples have had their applications delayed or refused because they couldn't prove that they were in a committed relationship, or that they did not make enough effort to be common-law or married.

It's your choice. I'm just trying to help you avoid a longer process than necessary.

 

[kiwi123]

What you have posted clearly states what everyone had been telling you, especially the part which states economic and personal reasons for not moving do not usually qualify, but they will consider each case on its own merits.

No one here can tell you 100% what will happen. Knowledge people on this forum have is from their own experiences and from reading other cases. You can apply but just be prepared it might not be positive. Arguing your point on here isn't going to change an outcome.

Good luck

 

[canadalover4987]

Thanks for the input guys. I will read the guidelines and possibly seek for an immigration lawyer too.

 

[canadalover4987]

can anyone suggest a good immigration lawyer that is confident to handle my case? or any lgbt lawyer?

 

[canadalover4987]

in creating an invitation letter, do i need to refer my gf as friend, fiance or partner?