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Conjugal or Common-law? Which do we qualify?

tosho

Newbie
Sep 14, 2013
2
0
Hello everyone,

We are a couple looking for some Sponsorship advice, any insight and advice would be great!!

Our situation:
Me (the sponsor) is a Canadian citizen
My Partner (being sponsored) is a Citizen of France

Last year we lived together in Canada for exactly 11 months and 3 weeks, just shy of a year. At that time my partner was here on a working holiday visa.
After that we were apart for two months, and then I moved to France with the same visa intending to stay for a year. I'm currently in France and been here living with my partner for the last 7 months but may need to return home due to financial reasons. Do we qualify as a common-law or conjugal partnership? The only reasons we have not been able to live together for a consecutive year have been financial. How should we proceed with the Sponsorship application?

Thank you so very much for your help!

Tasha and Raph
 

scylla

VIP Member
Jun 8, 2010
95,848
22,113
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Unfortunately you don't qualify for common law. You do need at least one full year to qualify under this category.

Unfortunatley you don't qualify under conjugal either. Conjugal is for those who cannot get married and cannot live common law. Since you have the option of at least living together to become common law (if not also getting married) - you stand an extremely low chance of being approved as a conjugal couple.

You really have two choices: (1) Live together long enough to become common law; (2) get married.
 

Betina

Hero Member
Jul 17, 2013
570
29
Canada
Visa Office......
Bucharest
Pre-Assessed..
Yes
App. Filed.......
10-05-2013
Doc's Request.
05-08-2013 (IMM5669E/Q8), 14-11-2013 (proof of return, of funds, of cohabitation)
AOR Received.
06-06-2013
File Transfer...
11-06-2013
Med's Done....
12-11-2012, repeat x-ray for extension 23-01-2014 (extension granted)
Interview........
waived
Passport Req..
04-02-2014
VISA ISSUED...
06-02-2014
LANDED..........
08-04-2014
You definitely need a minimum of 12 months of provable continuous cohabitation to qualify as common-law. 11 months and 3 weeks will not cut it, unfortunately.

You definitely can't qualify ever as conjugal.

Just like scylla wrote: live together for at least 12 months or get married.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Just to re-iterate, you don't qualify for common-law.

A 1 week break during the middle of the 12-months cohabitation would be ok... but not right at the end. The most important dates are the very beginning and very end of cohabitation. Even 11 months and 29 days wouldn't cut it... the date you began the cohabitation must match to exactly the same date 365 days later or longer.
 

tosho

Newbie
Sep 14, 2013
2
0
Thanks so much for you for all your input!
It stings to hear that, but good to know - saves us the failed application time/money. Appreciate the quick replies!
 

Angelic08

Newbie
Sep 16, 2013
6
0
Hi guys! I would also need so e advice because my situation is a lot different, I've been in a same sex relationship for 2 years and 10 months now. We've been in a relationship last November 21, 2010 after that we live together the next month because we have the same school for college and we want to be together on April 8, 2011 I leave to go to U.S to join work and travel program which is for my studies then I go back June 21, 2011 after that they past to become immigrant in Canada because her mother sponsor them, they live the country they leave the country August 2011. And she go back first week of October 2011. We then live again October to march and then after she finished school march 2011 she go to canada to work and because she need to be in canada 2 years in 5 years to remain her status as immigrant. October 2012 she came back to Philippines to be with me, we again live together but she leave philippines but we decided that we will do our best to be together I applied as a tourist in canada, and I pass I Am now here in canada but were thinking were can we go in common law or conjugal? I am now 4 months staying here in canada and we are living together, allthough same sex is legal here in canada we cant do that for now because we are thinking about our familys feelings, they are angry right now because I came here to canada and her parents are so mad at us, for now we want Them to accept us first and prove them that even if we are i. The same sex relationship we are still normal people who wants to be happy and be loved and be accepted by the people, we are also filipinos and filipinos dont agree with this kind of relationshipin. And even in those years that were apart we still have communication everyday so our relationship never stop.mendozarosean21@gmail.comare we gonna qualify in conjugal or common law? Thanks and god bless!