Conjugal and Common-Law... No chance?

[staples]

I have just spent a few minutes reading some posts about conjugal partnership and how difficult it is to prove, get accepted. So I thought I'd just throw my situation out there, if anyone had any input.


My partner is German. We are both students in our 20s (21 and 28). We met in 2010 and have lived together since the beginning of July 2010. However, when we met and my first time in Germany, I was only here on a Schengen Visa, therefore limited to 90 days. I did get this time extended (by 27 days) but flew back to Canada on September 19, 2010. Immediately after we started cohabilitating, we have documents emails and proof from July and August that we tried to find a solution for me to return to Germany. I was in contact with the German Academic Exchange Service, International Office from the University I was working for in Germany at the time, and my Canadian school.

I was willing to 'alter' my course of study, and the University in Germany was willing to take me as a student for 2 semesters without the normal application procedure. However, by the time we had arranged this in end of August (the semester here starts in October) I learned that the wait times for Student Visas (Which MUST be applied for outside of Germany, in your home country) were 12 weeks, plus police/medical checks completed before this time. Therefore, I had no chance to return to Germany after a short 2 week separation, as I originally planned. I think even if I didn't study, residence applications were the same amount of time... My partner also has documents showing he had commitments in Germany to take his Masters Degree Oral Exams directly during this time of our separation. Next, he was in Canada as soon as possible, days after his last obligation in mid Dec 2010. As well, during this time I was granted a Visa to return to Germany in January. We have lived in Germany together again since January to now (August 2011). But this 13 week period of our separation breaks the 'continuity' we would need to apply for common-law... Ah and I must be back to Canada again in the middle of September. But he is planning on moving to Canada in early 2012, when his obligations to the University here are ended.

Its unfortunate that I'm assuming from what I've read 'studying' isn't a good enough reason to have a separation (even if we were both trying to NOT have a separation). If there would have been a quicker way for me to obtain a student visa, I would have returned to Germany the first week of October, hence giving us a 2 or 3 week break. You would think the government would be interested from an Engineering and Physics Masters students. Plus, we were both heading into our last years so to totally throw away 4 years work towards a degree seems somewhat irrational. We have messages documenting back and forth communication between us nearly every day from Sept 19-Dec 21. However, is it a waste of time to apply for conjugal?

(Oh, in case people wonder, marriage isn't "out of the question" or something. However, being students we had wanted to plan a wedding in a few years, when money and travel can be easier arranged to accommodate our spread out families! I feel from what I've read though, this is the only way?)

Thanks!

 

[RobsLuv]

Application as conjugal partners is, basically, an application for common-law without the cohabitation qualification. That's why it might seem, at first glance, to be an option for you. However, CIC is pretty clear about the requirements of the conjugal partner qualification: you must be prevented from marrying or cohabitating, basically by factors outside of your control. They site fear of persecution due to the nature of the relationship, or the inability to marry or co-habitate because of immigration barriers or because marriage is not a legal option for the couple. A few situations where a conjugal partner sponsorship would be an option would be 1) a same-sex couple who cannot marry because same-sex marriage is not legal in the foreign national's country, but the FN requires a temporary resident visa to enter Canada to marry here and has been refused, or 2) someone in relationship with someone from the Philippines, where divorce is not allowed, cannot marry and also cannot cohabitate because the FN cannot get a visa to enter Canada, and the Canadian partner cannot stay in the Phils long enough for them to establish a common-law partnership.

In your case - there is definitely a question as to whether or not your period of separation was long enough to mess up your common-law qualification period but I think it's enough of a question that you'd probably not want to waste time and money submitting an application that wouldn't be as solid as you'd like it to be on such an important point. But you would not qualify to have the cohabitation requirement waived because you can marry. Basically, you don't even ask for that consideration when you submit an application anyway - you apply on the same application forms whether applying as spouse, common-law or conjugal partner. CIC will assess as to common-law qualification if the couple is not legally married. If they do not meet the co-habitation requirement, they will automatically be assessed for conjugal qualification before an ap would be refused - and they must have provided evidences of what is preventing them from meeting the marriage or co-habitation requirement.

Looks to me like the two of you are in a committed, permanent relationship. In my opinion, you have two options. You can begin your cohabitation requirement again, and submit an application when you reach the one year mark or you can get legally married and apply immediately. Lots of people get legally married first, for whatever reason, and then have their marriage celebration (wedding) at a later date. With people living together before marriage so often these days anyway, there's barely an expectation anymore that a couple is literally beginning their lives together on the day of their wedding. It's become more of a celebration than an actual "legal" event - so if it's important to you to be able to bring him to Canada as a permanent resident when his University obligations are finished early next year, you'd best get started on the process now. I'd advise getting legally married as soon as possible and then getting his application in process. Berlin is currently finalizing spousal cases in about 9 months time, plus you have to add another 6 weeks or so to the process for the sponsor's eligibility to be assessed within Canada before the application is transferred overseas. So you're looking at close to a year of processing before he could "land" anyway. If you're going to keep to your timeline, you have no time to waste in getting that application in process. Once you have what you need to really begin your life together back in Canada, you can plan an amazing wedding and Welcome to Canada celebration!!! Best Wishes and Good Luck.

 

[missmini]

robsluv is right, getting married is the best and it looks the easiest option (i say it looks cuz it depends on the country: in some areas there r more fake marriages, in others it would look suspicious if u didn't have a big wedding or if ur family/his family was not there; it's case by case, at the end the imp is to explain it clearly); but if u feel u need to plan this event more and u want to do it after u immigrate, then try to have that 1 year cohabitation for common-law; if i understood correctly since jan u lived continously, so maybe u can extend ur stay a little bit more; at the end just u 2 know the best the situation and what u want to do

on a good note, yes berlin takes officially 9 months but there was recently a case who was finished in 5 weeks!!! u never know her name is hopetoland, see her posts and what she did good luck!!

 

[sidkrose]

Have you heard of the Youth Mobility Visa? That is how I lived in Germany for a year with my partner, and that visa allows you to work. I also agree with Robsluv though. But don't get married just for immigration, there are other ways!

 

[Elizabeth Joe]

Hi, we had pretty much the same problem. I think we could qualify for common law, but we don't have much proof. So we decided to get married. We wanted to get married anyway within the next two years and why make it harder with the application, be nervous about it and wait a long time and then get married a year later.
And I don't agree with the don't get married for immigration. If you need to get married to be able to live together, it's worth it!

But I guess, if getting married is more about the celebration and money, then you should wait.

Maybe your partner can come with a different visa to Canada, like Youth mobility Visa, if he hasn't had one from Canada.(That was my problem)

 

[Elizabeth Joe]

Oh, and the working holiday visa is far easier and quicker to get, so if he wants to move to Canada early 2012, that seems the best option.

 

[RobsLuv]

The working holiday visas are a good option, but there are qualifications as far as age, etc., so check to see if he'd qualify before depending on that option.

 

[staples]

First, thanks everyone for the great responses They were very helpful!

As for the youth mobility, thats the visa I ended up returning to Germany with now (since student visa was not required for only one semester of study). We are interested in him applying for this if other plans do not work out.

So we have talked about legally marrying, and having a ceremony later in Canada. Now our concern is how this will appear on our application, if we just have a legal ceremony with 2 witnesses. We actually don't have any family in the area and would prefer that we involve them at a later date, as previously mentioned. Does this hinder our application not to have the big fancy marriage proceedings? Obviously, we don't want to go this route then find out problems after, as some people have caution about it appearing as a marriage-for-immigration purposes thing. While it would be for immigration purposes that we marry now, we planned on marrying in the not-so distant future anyways (year or two). Any ideas how we could work this and correctly communicate it on our aps?

Thanks again!

 

[canadianwoman]

You can explain why you had the small ceremony - that because your family wasn't there, you wanted a small ceremony now and will have a big celebration later.
For applicants from countries such as Germany, the visa officers do not expect a big, fancy wedding. However, do try to make the small, legal wedding look special: get dressed up, have flowers, take photos, go out for dinner or something afterward with your witnesses.

 

[sidkrose]

You can explain why you had the small ceremony - that because your family wasn't there, you wanted a small ceremony now and will have a big celebration later.
For applicants from countries such as Germany, the visa officers do not expect a big, fancy wedding. However, do try to make the small, legal wedding look special: get dressed up, have flowers, take photos, go out for dinner or something afterward with your witnesses.

I agree, since people in Germany tend to not have big weddings in the first place, the VO will not necessarily think it's strange to have a simple legal ceremony. Also, explaining that you plan to have a larger celebration later with more friends and family would probably put any questions they have to rest.