Conjugal partner application may be refused.

[elpisco514]

Hello, I've read about this topic already and as the title state the application for my partner might be refused.

To make it short, I am a Canadian citizen and I am sponsoring my partner under conjugal partner because she was married before and there is no divorce in her country (Philippines) preventing us to get married. Fortunately for us, just last month (September 2019) her marriage was annulled after 5 years of starting this process but we applied for conjugal partner already since last March 2019. We might be eligible to marry in the early 2020 (we have to wait so they will update her marital status in the government files). We are in couple for 5 years now and I visited her 7 times (about 3 weeks each time) in the Philippines.

Today we received a letter from an immigration agent stating that he is not satisfied that we qualify for conjugal partner because he said that I need to provide more evidence why I can't live there for 1 year or more. I tried to make my partner visit Canada 2 years ago and she got refused 2 times so we can't clearly not live under common-law here in Canada.
I know work is not a valid reason for them to justify I can't go live to the Philippines and that's the big issue here, it seems like they want me to quit my job and go live in a poor country working 1$ an hour for 1 year... I mean I really need my job here to save money for our future life but they don't understand that. My girlfriend live in a small town and job opportunities are so limited for her that I have no choice but to support her and her dependant child (he's 10 years old) by sending them money every month.

They give me 30 days to provide any kind of evidence to support we can't be living in a common-law relationship. Any suggestions other than getting married in a few months and reapply? Is there a way I could prove that I am supporting them on a monthly basis and can't leave my job? I have all proof of bank transactions and western union transactions.

Thank you so much in advance to anyone who wish to help us.

 

[GodSend]

Interesting, when did you apply and how far along are you? I am in the same situation as you (Conjugal, Philippines without annulments). We applied January and pretty far along (Medical Passed, Biometrics complete, and pre arrival received late august). Our difference is that we tried to get an annulment 3 times.. every time denied. I provided all those documents. We had been trying since 2012 to get an annulment. We also got denied a visitors visa in 2011 (At the time I was younger and not aware of just how difficult a simple visitors visa would be).

I did put in my application when I provided a note as sponsor that :

a) I have a 10 year old child in Canada from a previous marriage that I can not be parted from for multiple years
b) I have mandatory child support to pay. While the child support does get adjusted for current income if you change jobs, you are not allowed to do things like "quit your job to spite the mother" and pay nothing. In other words, if your income changes it needs to be justifiable and in "good faith". Picking up an moving half way around the world to a country where you're likely to make 20% of your current salary is not what could be considered logical.
c) I also provided (I cant remember the exact section of code) a print out regarding the Family law in Philippines which discusses adultery. Since your partner is still married, it IS possible, however unlikely, that both she AND you can be charged with adultery.

Considering I have heard of multiple people (both on this board and through friends) who has successfully sponsored during

 

[Jaybee43]

If I read your post correctly your partner was married at the time u submitted your application for conjugal sponsorship? And she has since been divorced/ annulled. I'm pretty sure u must update ircc about her change in status. Unfortunately once u do that you both no longer fall under conjugal relationship. U may have no choice but to withdraw the application and just marry her down there. Just wait for a few more opinions about your situation though. They've given u 30 days to reply to them so no crazy rush.

 

[GodSend]

This is the coles notes version of adultery. If you're going to use this as an example, find and print out the ACTUAL section and subsection of the family law.

https://www.international-divorce.com/2016/11/philippines-laws-on-adultery.html

"
Philippines' law criminalizes adultery and concubinage. Both are deemed “crimes against chastity” under the Revised Penal Code of the Philippines and are treated as sexual infidelity in the Family Code.

The law discriminates against wives. The crime of adultery can be committed only by a wife and her paramour. The husband need only prove that his wife had sexual intercourse with a man other than him.

The crime of concubinage can be committed only by a husband and his concubine, but it requires that the wife must prove that her husband has kept a mistress in the conjugal dwelling, or has had sexual intercourse under “scandalous circumstances” or lived together with his mistress in any other place.

The penalties are also quite different. For adultery the guilty wife and her paramour may be imprisoned for up to 6 years"

 

[elpisco514]

Interesting, when did you apply and how far along are you? I am in the same situation as you (Conjugal, Philippines without annulments). We applied January and pretty far along (Medical Passed, Biometrics complete, and pre arrival received late august). Our difference is that we tried to get an annulment 3 times.. every time denied. I provided all those documents. We had been trying since 2012 to get an annulment. We also got denied a visitors visa in 2011 (At the time I was younger and not aware of just how difficult a simple visitors visa would be).

I did put in my application when I provided a note as sponsor that :

a) I have a 10 year old child in Canada from a previous marriage that I can not be parted from for multiple years
b) I have mandatory child support to pay. While the child support does get adjusted for current income if you change jobs, you are not allowed to do things like "quit your job to spite the mother" and pay nothing. In other words, if your income changes it needs to be justifiable and in "good faith". Picking up an moving half way around the world to a country where you're likely to make 20% of your current salary is not what could be considered logical.
c) I also provided (I cant remember the exact section of code) a print out regarding the Family law in Philippines which discusses adultery. Since your partner is still married, it IS possible, however unlikely, that both she AND you can be charged with adultery.

Considering I have heard of multiple people (both on this board and through friends) who has successfully sponsored during

Thanks for your answer.

I applied for her sponsorship on march 2019, currently we are only lacking the CSQ (Quebec selection certificate). I have sent my request and all forms over 3 months ago for that now but the provincial government of Quebec is experiencing big delays for giving CSQ.

My partner already did the medical testings required and the biometrics. Canadian government also requested that I pay the rights of permanent residency which I did.

Your point in c) is very interesting because I thought of that also and I found a law article from the penal code here it is:

Title Eleven
CRIMES AGAINST CHASTITY
Chapter One
ADULTERY AND CONCUBINAGE​

Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void.

​

Adultery shall be punished by prision correccional in its medium and maximum periods.

If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.

I also found this article which was published by Canadian government:

https://www.refworld.org/docid/5ad5c6c64.html

Anyway, we're thinking of justifying the fact that I didn't live there because her husband could have made accusations or blackmailed her since we're in a relationship. If accused by her husband and proven guilty of adultery she would go to jail. I hope that could be considered a legal barrier preventing me from going to live there permanently.

thanks for your help.

 

[elpisco514]

If I read your post correctly your partner was married at the time u submitted your application for conjugal sponsorship? And she has since been divorced/ annulled. I'm pretty sure u must update ircc about her change in status. Unfortunately once u do that you both no longer fall under conjugal relationship. U may have no choice but to withdraw the application and just marry her down there. Just wait for a few more opinions about your situation though. They've given u 30 days to reply to them so no crazy rush.

Hello, thanks for your answer.

Yes that's correct. Technically she is still married because it takes a few months to be registered in the government files that she is now annulled. As you mentionned, if I inform IRCC about this they would ask us to restart the whole process under the spouse sponsorship and we'll lose a lot more time. I think i'll wait for their decision and if it's refused we'll get married in a few months when she is eligible.

Thanks for your help.

 

[GodSend]

If in fact you are now able to get married, than you should do so, and contact IRCC on the process for updating your application. I asked the very same thing of a immigration consultant a few years ago (I was considering applying as conjugal and if the annulment worked, to get married). I was advised in this case you should update your application in progress.

 

[Jaybee43]

Hello, thanks for your answer.

Yes that's correct. Technically she is still married because it takes a few months to be registered in the government files that she is now annulled. As you mentionned, if I inform IRCC about this they would ask us to restart the whole process under the spouse sponsorship and we'll lose a lot more time. I think i'll wait for their decision and if it's refused we'll get married in a few months when she is eligible.

Thanks for your help.

Hope all works out !!

 

[elpisco514]

This is the coles notes version of adultery. If you're going to use this as an example, find and print out the ACTUAL section and subsection of the family law.

https://www.international-divorce.com/2016/11/philippines-laws-on-adultery.html

"
Philippines' law criminalizes adultery and concubinage. Both are deemed “crimes against chastity” under the Revised Penal Code of the Philippines and are treated as sexual infidelity in the Family Code.

The law discriminates against wives. The crime of adultery can be committed only by a wife and her paramour. The husband need only prove that his wife had sexual intercourse with a man other than him.

The crime of concubinage can be committed only by a husband and his concubine, but it requires that the wife must prove that her husband has kept a mistress in the conjugal dwelling, or has had sexual intercourse under “scandalous circumstances” or lived together with his mistress in any other place.

The penalties are also quite different. For adultery the guilty wife and her paramour may be imprisoned for up to 6 years"

Hello, thanks for answering and providing this information. It also came to my mind and I found the article also, I found the law in the revised Philippines penal code. You can see it in one of my replies above.

Thanks ago for your help

 

[elpisco514]

If in fact you are now able to get married, than you should do so, and contact IRCC on the process for updating your application. I asked the very same thing of a immigration consultant a few years ago (I was considering applying as conjugal and if the annulment worked, to get married). I was advised in this case you should update your application in progress.

Could they update the information in my application or we will have to do the whole process with all the forms and proofs of relation, medical testing etc again?

What about your case, you updated them about the change or you didn't start the process before the annulment was granted?

thanks for your help

 

[elpisco514]

Hello, today we got the bad news that our application as conjugal partner was refused even if I told IRCC that the annulment was granted and that we will get married in may 2020. Now they propose us to appeal our case, is it worth it or that will just be a waste of time and it would be better to start over again as spouse sponsorship when we get married? We are really unhappy that they couldn't wait for us to get married to change our status in our application and just refuse us like that.

Any help would be greatly appreciated. Please read the first post on this topic.

Thank you

 

[Xilikon]

Hello, today we got the bad news that our application as conjugal partner was refused even if I told IRCC that the annulment was granted and that we will get married in may 2020. Now they propose us to appeal our case, is it worth it or that will just be a waste of time and it would be better to start over again as spouse sponsorship when we get married? We are really unhappy that they couldn't wait for us to get married to change our status in our application and just refuse us like that.

Any help would be greatly appreciated. Please read the first post on this topic.

Thank you

I would start over with the correct application for spousal sponsorship after you get married and you get the required paperwork. Even starting over is quicker than appealing the decision (a appeal isn't a guarantee it will be overtuned while redoing the proper way has more chances of success). Given the length of your relationship and the number of visits, it won't be a issue proving your relationship is genuine.

 

[k.h.p.]

Hello, today we got the bad news that our application as conjugal partner was refused even if I told IRCC that the annulment was granted and that we will get married in may 2020. Now they propose us to appeal our case, is it worth it or that will just be a waste of time and it would be better to start over again as spouse sponsorship when we get married? We are really unhappy that they couldn't wait for us to get married to change our status in our application and just refuse us like that.

Any help would be greatly appreciated. Please read the first post on this topic.

Thank you

Appealing would be relatively pointless because even if you succeeded in having the IRB require that the application be re-examined on the refusal basis of staying a year together, your partner can now be married, which means conjugal sponsorship isn't an option. I would argue that the crime of adultery should have been the proper response to the PFL - you cannot cohabit with a married woman in the Philippines for one year without risking sending her to jail.

From this thread, I took it you never actually informed IRCC that you could now be married as a response to the PFL. You are required to update IRCC at all times about changes in status for the PA or sponsor - having a marriage annulled was a status change that you needed to update.

All that said, there isn't a procedure to convert a conjugal sponsorship to a married spouse sponsorship. If you are not eligible for the class under which you applied, your application will be refused. Some people here report having applied as conjugal and then become married and updated IRCC and through the grace of a visa officer's discretion had an application approved, even though they shouldn't.

In any event, you now need to get married and re-apply.

 

[canuck_in_uk]

Hello, today we got the bad news that our application as conjugal partner was refused even if I told IRCC that the annulment was granted and that we will get married in may 2020. Now they propose us to appeal our case, is it worth it or that will just be a waste of time and it would be better to start over again as spouse sponsorship when we get married? We are really unhappy that they couldn't wait for us to get married to change our status in our application and just refuse us like that.

Any help would be greatly appreciated. Please read the first post on this topic.

Thank you

You should have followed the advice of Godsend and actually gotten married ASAP and updated IRCC with a request tonprocess the app as married. Your app would have had a good chance.

Don't appeal. Reapply as married.

 

[elpisco514]

Thank you everyone for your responses. Yes I did inform IRCC about her status change that she was annuled and that it take some time before we can get married because we need the certificate of finality and we waited for 5 months before getting it. Anyway I will listen you and reapply as soon as we are married, thanks a lot and good evening to you all!