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Confused of UK

RobsLuv

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bobshynoswife said:
conjugal is a very difficult way to proceed. you must prove that you have been living in a marriage-like relationship but it is impossible for you to marry. usually this is used when there are immigration barriers preventing the couple from marrying, or when one lives in a country where the marriage is illegal, like a same-sex union, or in a country that will not recognize a previous divorce.

is there something stopping you from getting married? from what you have said, and given you are from a visa-exempt country, you would have a very difficult time applying under the conjugal category.
This is not entirely correct - you do not have to prove that you have been living in a marriage-like relationship. The point of conjugal is that the couple is unable to marry, or to live together to establish a common-law partnership. Basically, the conjugal qualification amounts to qualifying a couple as common-law partners even though they cannot meet the minimum one year co-habitation requirement. However, the inability to marry or co-habitate must be due to a "significant" immigration barrier, or fear of persecution due to the relationship.

It's unlikely that a UK/Canada couple can qualify as conjugal partners. You do not have a significant immigration barrier in that both of you are visa-exempt - able to travel to each others' countries, and you could probably manage to co-habitate for long enough to qualify as common-law partners. Additionally, if you have no impediment to marriage other than personal choice (or sometimes one partner is waiting on a divorce), you will not qualify. In order to be sponsored as a member of the family class you are expected to be married or already in an established common-law partnership UNLESS you are prevented from doing so due to an immigration barrier or fear of persecution due to the nature of the relationship.

There's more detail on this in the OP2 Processing Manual, beginning at Section 5.44
 

VM-BASIC

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scylla said:
In case this helps to clarify further....

Conjugal is meant for people who absolutely cannot meet the "spousal" requirements in any other way. In other words, it is supposed to be impossible for them to get married -As I was still legally married to the now ex Mrs VM -BASIC, this is truealso the prospective future mrs VM-BASIC is still finalising a very messy divorce from her ex, who is being as unhelpfull and obstructive as an obstructive unhelpfull thing and impossible for them to live together for at least 12 months.As I had to go where the Army sent me, so staying was out of question You don't face either of these barriers - and this is why many of us feel you won't qualify for conjugal in the eyes of the CIC and are recommending another route.

Hope this helps and good luck!
Seems that bad timing and circumstance are conspiring to stack the deck against me. Still I like a challenge, and arn`t going to give up easily. Have found something worth fighting for and not going to let it slip away because of a few govt hurdles.
Cry Havoc and let slip the dogs of war.......
 

VM-BASIC

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IrishApplicant said:
Visa exempt meant that you did not have to apply for a visa for that temporary stay. Your passport essentially is viewed as a visa for for temp , visitor residence for the six months. Most other countries must apply for a visa, with all its associated proof, documents yadda yadda yadda.

IA
Might I ask, what regiment are you in? i have a bro in the IG...signals.
How do you stop them from holding hands?

Am a Corps man , and sorry,not a Bleep either
 

journeyman

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VM-BASIC said:
Reason for not marrying was I was still seperated and my divorce had not come through,it now has. We are able to provide a lot of proof of ongoing relationship, we have met each others family and friends etc, have lots of call logs,plane ticket receipts photos from time spent together etc. I assume these will help
My partner and myself were in a similar situation. We had alot of proof, however, it proved difficult for us to be able to live together to meet common-law status, and I was only legally separated at the time, so marriage was not possible. He is from the U.S. so also a visa exempt country. So...........last year we applied under the conjugal category and our application was refused. One of the reasons given was that although it was understood that we could not marry, we did not provide sufficient proof as to why we could not meet common-law status by residing together either in Canada or the U.S. We chose not to appeal that decision since by the time the rejection letter was recieved I was in a position to proceed with the divorce decree. We married and reapplied with a spousal application. Awaiting a decision on that application soon (we hope). This route we believe will have saved us a year plus additional time spent apart, not to mention legal fees for the appeal.

Bottom line, conjugal is a very difficult category and not one I personally would have pursued in retrospect, had I known in advance. There is another member, however, on this forum that has been successful with a conjugal application, perhaps they help you with your decision.

Hope this helps and good luck with your decision and application process.
 

IrishApplicant

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kelKel said:
Unfortunately work/holiday program for the UK is officially closed for 2010. I had a friend who was going to do it.
yup, but the 2011 program is opening up this december...
 

RobsLuv

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VM-BASIC said:
Reason for not marrying was I was still seperated and my divorce had not come through,it now has.
Does this mean I have to make an honest woman out of her?
We are able to provide a lot of proof of ongoing relationship, we have met each others family and friends etc, have lots of call logs,plane ticket receipts photos from time spent together etc. I assume these will help
Those are all proofs of your genuine relationship, and they're good proofs. But they are not what qualifies you to be sponsored. What qualifies you to be sponsored is that you either marry a Canadian or you become the common-law partner of a Canadian. If you are unable to do either of these things because of fear of persecution due to the nature of your relationship, or immigration barriers that prevent you from staying with each other for long enough to establish a common-law partnership, you can apply as conjugal partners. Examples of conjugal partners would be same-sex partners where the foreign national lives in a country where same-sex relationships are illegal and the foreign national is also from a non-visa-exempt country and cannot get a visa to enter Canada so that they can marry here. Another example would be a previously married foreign national from a country like the Philippines where divorce is not allowed. Such a couple would not be able to legally marry, and because the Phils is non-visa-exempt, the FN partner would probably not get a visa to come to Canada to visit a partner. If the Canadian partner can't go to the Phils either, they're also prevented from co-habitating and this is seen as discrimination by the Canadian government.
VM-BASIC said:
Thanks for the heads up.Will have to discuss this with my good lady and see what options it throws up
Edited to add.. I am having to stay in UK until early next year as this is when I finish time in Army. Dont think anyone wil be too impressed if I go AWOL and try to emmigrate
So you have time to get this worked out - no rush. If you were to apply now for permanent residence, you'd be receiving a Confirmation of Permanent Residence document upon approval and that COPR has an expiration date that coincides with the one year anniversary of your medical exam or the expiration date of your passport, whichever comes first. You'd have to travel to Canada to "land" and finalize your PR before the expiration of the COPR. If you can't do that until you are released from military service, you'll need to be careful about your timing.
VM-BASIC said:
OK guys, and Gals, many thanks for the advice received so far.Obviously there are a lot of things I havn`t considered in all this, it`s my first time at emigrating so bear with me. At the risk of sounding like I`m very dense, why is Conjugal so frowned upon
In truth, I don't think the conjugal route is "frowned upon" - it's just been "created" for special circumstances to protect the Canadian gov't from discrimination lawsuits.
VM-BASIC said:
. . . and I was under the impression, that UK citizens are not visa exempt, as I can only stay as a guest/tourist for a limited time before I have to leave. Is going to Canada as a tourist and then applying an option? Does sound a bit "Back Door " so as to speak. I am wading through the CIC site again, but still seems vague.
Am trying to resist the temptation to curl into the foetalposition and wimpering softly.....
Believe me, we all have to resist that temptation - and the CIC site is vague. Being visa-exempt means that you don't have to apply in advance of travel for a visa to enter Canada. As a citizen of the UK, you can fly to Canada and apply to be admitted at a Canadian port-of-entry. Non-visa-exempt nationals can't do that. Once you're admitted to Canada, you're authorized to remain for up to six months and, if you received documentation of your entry (like a stamp in your passport), you can apply from within Canada to extend your stay. Whether or not the extension is approved depends on your circumstances, your means of support, etc., but you could conceivably extend from six months for another six months and thereby qualify as common-law partners. This isn't usually encouraged, though, because it's a whole year in Canada as a visitor (no healthcare, no work, no school) before you even qualify to apply, and only then do you begin the wait for permanent status. You could expect to be approved through London in less than six months, but it can be tough on a relationship - especially financially. In addition, wanting to remain in Canada for another six months so that you can qualify to apply for permanent status is not a valid reason for extending your status. You have to come up with something better than that. Once you're qualified, then you can submit another extension application to continue your stay based on your c/l qualification and a PR ap in process. You can probably begin to see now why it's easier just to get married if that's what you're already planning anyway because it makes you immediately qualified to apply for permanent status and get on with life.
 

kelKel

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True enough and thats not too far away :)
 

VM-BASIC

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Once again Guys and Gals, many thanks for the info. This is the kind of stuff that CIC WON`T tell you and is gold dust.
The way ahead is obviously clear, and as I know the prospective future Mrs VM-BASIC is watching this thread, is it horribly un-romantic of me to propose here and now?
Because Ms VM-BASIC, if this is the only way I can spend rest of life with you then.......
Will you marry me?????????????????????????????


(Is this two firsts? Most un-romantic proposal and first proposal on the message boards?)
 

IrishApplicant

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VM-BASIC said:
The way ahead is obviously clear...
oh lord... :D

my friend, it is anything but. :'(

welcome to the jungle :)
 

bobshynoswife

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VM-BASIC said:
Once again Guys and Gals, many thanks for the info. This is the kind of stuff that CIC WON`T tell you and is gold dust.
The way ahead is obviously clear, and as I know the prospective future Mrs VM-BASIC is watching this thread, is it horribly un-romantic of me to propose here and now?
Because Ms VM-BASIC, if this is the only way I can spend rest of life with you then.......
Will you marry me?????????????????????????????


(Is this two firsts? Most un-romantic proposal and first proposal on the message boards?)
lol - this is priceless! seeing your posts in this thread it seems like you are a fabulous guy with a great sense of humour. your girlfriend would be crazy not to say yes!
 

VM-BASIC

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bobshynoswife said:
lol - this is priceless! seeing your posts in this thread it seems like you are a fabulous guy with a great sense of humour. your girlfriend would be crazy not to say yes!
You forgot to add, Stunningly handsome and modest to that BSW
 

kelKel

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That is fantastic! Way to go :) Congrats are in order as I'm sure she'll say YES
 

journeyman

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VM-BASIC said:
Once again Guys and Gals, many thanks for the info. This is the kind of stuff that CIC WON`T tell you and is gold dust.
The way ahead is obviously clear, and as I know the prospective future Mrs VM-BASIC is watching this thread, is it horribly un-romantic of me to propose here and now?
Because Ms VM-BASIC, if this is the only way I can spend rest of life with you then.......
Will you marry me?????????????????????????????


(Is this two firsts? Most un-romantic proposal and first proposal on the message boards?)
And don't forget to take a screen print to answer question 12. Who proposed? and 13. When and where did the proposal take place? on Form IMM5490 ;D :D
You handsome devil you :p

Hope she says yes 8)
 

VM-BASIC

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Would you believe, she has just sent me a text message informing me she has taken the cat to the vet, so she hasn`t seen it yet.
DOH!!!!!
So much for spontainious romance
 

VM-BASIC

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N/A
LANDED..........
02 Feb 2012 at Cootes AB Woo Hoo
well folks, the cat is back from the vet and all is well in the feline world.
On a side note, Potential VM-BASIC has said YES!!!!!!!