Confuse with PR requirement.. Please Help

[canadalover4987]

Hi!! I'm a Canadian citizen, I have to say that i am so inspired reading passionate stories in this forum of success, I would like to petition my transgender gf from the Philippines. Here's my current situation.


1. Our relationship started online. The relationship is completely genuine. Ive been in the Philippines recently to meet her and her family. We are more than 1 year in relationship.

2. Same sex is not legal in her country. She applied for a trv and was denied.

3. She applied for trv in New Zealand because i want to marry her. We chose New Zealand because its in the asian continent but she was denied to enter.

4. Do we need to apply for another trv here in canada OR should we start working with her outland PR application?

5. Conjugal is quite confusing. Based on my understanding there should be legal immigration barrier:
- i cant marry her in her country
-we are denied to enter New zealand for purpose of marriage
-I cant live in the Philippines for 1 year because i wont have the opportunity to have a living or work


How are my chances? Please do give me any advice, Thanks

 

[Rob_TO]

With trv rejections to Canada as well as another country, your chance for successful conjugal application should be good.

Just make sure to show you have truly joined your lives together in a conjugal relationship. So get life insurance on each other, show transfers of money, lots of communication, letters of support from each others family, etc etc.

 

[pegasusyt]

What about her coming to visit you on a visitor visa and you guys marrying here?

 

[truesmile]

What about her coming to visit you on a visitor visa and you guys marrying here?

The OP has already stated that they have applied and were denied.

 

[canadalover4987]

With trv rejections to Canada as well as another country, your chance for successful conjugal application should be good.

Just make sure to show you have truly joined your lives together in a conjugal relationship. So get life insurance on each other, show transfers of money, lots of communication, letters of support from each others family, etc etc.

Thanks for the input, which leads to my next set of question. I am a pensioner my self but still working here as a truck driver. If i moved to the Philippines for 1 year to be common law, i will have a very small chance of getting a job, a work visa and get work permit. I am not familiar with the roads and their traffic rules. I will not be well compensated the way im receiving now. Most especially i cant support her with my monthly pension alone. is that ok to CIC?

I am type 2 diabetic but i am well maintained and no other serious illness. Is that going to be a problem to be a sponsor?

My relationship started online a year ago. In the CIC point of view, will they see my online relationship or the moment we see each other then count 1 year?

 

[MilesAway]

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.

 

[canadalover4987]

i cant get a working permit to live in the Philippines. I need to obtain a working visa to work legally in the Philippines. Considering my age, i'm turning 67 this year, Philippines is one of those countries that looked on age requirements in a job.

 

[Kayaker]

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.

+1 - that seems to be true. CIC can't see why one person can't not work for a year while they visit their partner for 12 months to establish common-law. Many people who can get visas to Canada, or don't need a visa to visit Canada, come to Canada and do not work for 12 months so that they can establish common-law and apply.

Perhaps you guys could try getting a TRV to Canada again - submit better proof that your partner has a job and/or home in the Philippines. Ask your partner's boss to write a letter saying this employee has vacation from this dd/mm/yyyy to dd/mm/yyyy, and on dd/mm/yyyy is expected back at work. A lot of people here seem to have tried multiple times to get a TRV - some have succeeded after submitting better proof that the applicant is only visiting and will return to their home country.

 

[canadalover4987]

+1 - that seems to be true. CIC can't see why one person can't not work for a year while they visit their partner for 12 months to establish common-law. Many people who can get visas to Canada, or don't need a visa to visit Canada, come to Canada and do not work for 12 months so that they can establish common-law and apply.

Perhaps you guys could try getting a TRV to Canada again - submit better proof that your partner has a job and/or home in the Philippines. Ask your partner's boss to write a letter saying this employee has vacation from this dd/mm/yyyy to dd/mm/yyyy, and on dd/mm/yyyy is expected back at work. A lot of people here seem to have tried multiple times to get a TRV - some have succeeded after submitting better proof that the applicant is only visiting and will return to their home country.

Its against the Philippine law or any country to work if i am only holding 59 days visitor visa in the Philippines. How can i find a job if Philippine impost age requirement. She own a property under her name, a lease of apartment and hotel rental under our names and we purchased condo under our names.


She was denied for a TRV and completed necessary form like Certificate of employment stating 3week vacation. She was also denied to enter as a tourist when we applied in New zealand for marriage.

I think she is only allowed to stay here in canada for 6 months. No Philippine company can issue leave of absence for 6 to 1 year that's why she indicated only for 3weeks.


Is it worth it to apply for another TRV here with the intention of being common law for 1 year?

What are the implication doing this another TRV or should i apply for PR?

 

[MilesAway]

I know it's difficult. I quit my job in Canada and moved to a country where we have to live in fear of persecution because our relationship is essentially illegal.

You can apply for another TRV, but the odds of getting it are still slim. TRVs are granted for people who want to visit, so indicating that your partner is going to stay for a year is not the best way to do it. Once your partner is in Canada, then you can apply to extend her stay. Many people have done that and achieved common-law status that way.

You can try applying for PR, if you have been a married couple in all but documentation for at least a year. If you cannot prove that you have combined your affairs and been more than just dating for a year, then you can try. Conjugal is the hardest category to prove.

 

[Kayaker]

Its against the Philippine law or any country to work if i am only holding 59 days visitor visa in the Philippines. How can i find a job if Philippine impost age requirement. She own a property under her name, a lease of apartment and hotel rental under our names and we purchased condo under our names.


She was denied for a TRV and completed necessary form like Certificate of employment stating 3week vacation. She was also denied to enter as a tourist when we applied in New zealand for marriage.

I think she is only allowed to stay here in canada for 6 months. No Philippine company can issue leave of absence for 6 to 1 year that's why she indicated only for 3weeks.


Is it worth it to apply for another TRV here with the intention of being common law for 1 year?

What are the implication doing this another TRV or should i apply for PR?

Well, if you apply for a TRV again and succeed, she can come to Canada, marry you and go back home. Then you guys can apply for spousal.

Or, you could go to Philippines and not work for a year. I didn't say you should go and work in the Philippines. A lot of couples spend a year in Canada to establish common-law and the non-Canadian partner doesn't work or study. Or, some couples stay in the non-Canadian partner's country, and the Canadian does not work or study for a year. Since many common-law couples do that, CIC might ask why you two did not. Unfortunately, CIC does not take into consideration financial or employment factors as a barrier to marriage (or common-law), as other members have pointed out.

Or you two could just go ahead and try with conjugal. According to what everyone says, it's a tough road, but who knows? You two could be lucky and it could all go smoothly. You never know until you try! Every application is different, so there's no way to reliably predict the result.

 

[canadalover4987]

Well, if you apply for a TRV again and succeed, she can come to Canada, marry you and go back home. Then you guys can apply for spousal.

Or, you could go to Philippines and not work for a year. I didn't say you should go and work in the Philippines. A lot of couples spend a year in Canada to establish common-law and the non-Canadian partner doesn't work or study. Or, some couples stay in the non-Canadian partner's country, and the Canadian does not work or study for a year. Since many common-law couples do that, CIC might ask why you two did not. Unfortunately, CIC does not take into consideration financial or employment factors as a barrier to marriage (or common-law), as other members have pointed out.

Or you two could just go ahead and try with conjugal. According to what everyone says, it's a tough road, but who knows? You two could be lucky and it could all go smoothly. You never know until you try! Every application is different, so there's no way to reliably predict the result.

Thanks for the input guys. does any body knows if she needs to go medical and obtain police clearance in our outland pr application or will she receive notice to get that after we file our application?

 

[Kayaker]

She will need to do it upfront. If she does not include a medical and police certificate, CIC will likely return the application as being incomplete. (Then when you file again, your file goes to the end of the queue - your previous submission will not count, you place in the line will not be saved.)

Some visa offices that take years to process may accept medical and police certificates later, but Manila is a relatively quick (processing time of 15 months, but a good chunk of applicants are processed in half that time) office and will require both of those things to be done upfront.

 

[canadalover4987]

She will need to do it upfront. If she does not include a medical and police certificate, CIC will likely return the application as being incomplete. (Then when you file again, your file goes to the end of the queue - your previous submission will not count, you place in the line will not be saved.)

Some visa offices that take years to process may accept medical and police certificates later, but Manila is a relatively quick (processing time of 15 months, but a good chunk of applicants are processed in half that time) office and will require both of those things to be done upfront.

I see.... so we need to include her police and medical together with all our docs to missassauga? does she need any form or consent from CIC to obtain medial? ive done my research the medical is valid only for a year right?

 

[Kayaker]

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.