Conjugal Partner application

[jrmlu745]

Hello everyone. I'm a new member of this forum and I'm in dire needs of help for information and a little knowledge about conjugal partner application. To make everything clear, my partner is a Permanent resident in Canada and just arrive less than two months ago. I am also a Australian Permanent resident and recently arrived in the country. Actually we are both Filipino citizen in birth and both legally married in the Philippines. I am married to a Permanent Resident here in Australia and was sponsored by my husband. My boyfriend was also legally married with her Filipino wife who is the main applicant to immigrate as a skilled worker. We started our relationship March 2010. Now my questions are these:
1.) Since we are both legally married to our partner, can we file a divorce to where we are currently living now(him in Canada, Me in Australia) and file a conjugal partner after the divorce will be finalise?
2.) Both our marriage took place in the Philippines but recently Permanent resident in Canada and Australia, do we need to file an annulment back there in our home country to be eligible to file for conjugal partner or if the divorce will be granted to the place where we are permanently residing now, is the papers suffice to support for our application?
3.) We never live together because we are both married and no joint account, no share bills or any sort of proof that we share such accommodation but only pictures together because we used to meet after our gym because we workout together in the same gym. What proof do we need to show as a conjugal partner? All we had is only text messages and using Viber at most for our communication when we are away from each other and used Skype sometime.
4.) If He file a divorce soon and just arrived in Canada less than two months ago, is this affect his PR status? Is there any technicalities that his wife can revoke his visa if He file a divorce?

I know our situation is very complicated but all we know that we are committed to each other and we really love each other. The past mistake we made is marrying someone we are not sure we could live for a lifetime and for sure God is in control of everything and I believe there's a reason why God allow us to meet in those time.. I will be very grateful to receive any reply or any suggestion, opinion anyone can give. And to add up He got a job now.

 

[sidkrose]

Well if you were conjugal partners when your partner entered Canada as a permanent resident, while he was "married" to someone else, it seems like he entered the country in bad faith. He was only married to her to get into Canada. There probably isn't much that his wife can do now, to get him deported (unfortunately), but your application will never work. This is ridiculous. You both used people to get status in another country and now you want to use him to get into Canada? I really hope that never happens. Pretty despicable.

 

[Leon]

A conjugal relationship is very hard to prove. For one thing it must be marriage like, for example in the way that you are not having it secretly while being married to other people, your families know about it, your friends know about it and you might have financial ties like supporting each other financially, joint account, insurance policies or the like. The conjugal marriage like relationship should have been going on for at least a year so you can forget him trying to apply to sponsor you for at least a year after he is divorced.

 

[visita44]

Looks like your relationship is not conjugal yet but just an affair.

 

[jrmlu745]

Well if you were conjugal partners when your partner entered Canada as a permanent resident, while he was "married" to someone else, it seems like he entered the country in bad faith. He was only married to her to get into Canada. There probably isn't much that his wife can do now, to get him deported (unfortunately), but your application will never work. This is ridiculous. You both used people to get status in another country and now you want to use him to get into Canada? I really hope that never happens. Pretty despicable.

sidkrose thank you and I respect your opinion. But for the record we never used people just to get us to where we are now. I already talked with my husband 2 years ago about my feelings for him and I want to file an annulment before I meet my boyfriend now and the same thing happen to my boyfriend. His wife already know that He doesn't want to live with her anymore before He met me yet she included him to her application for migration. I did not post here just to be insulted. You should have to respect other peoples feeling because no one ever knows what the story behind. Each one of us has different journey in life and along with my journey I meet this guy and we feel that we belong to each other, I know it's hard to understand because you're not on my shoes.... I think you're lucky enough to find the one without complication but life sometimes is so complicated to understand. Your words are too harsh but still I understand. Anyway thank you and Merry Christmas.

 

[jrmlu745]

A conjugal relationship is very hard to prove. For one thing it must be marriage like, for example in the way that you are not having it secretly while being married to other people, your families know about it, your friends know about it and you might have financial ties like supporting each other financially, joint account, insurance policies or the like. The conjugal marriage like relationship should have been going on for at least a year so you can forget him trying to apply to sponsor you for at least a year after he is divorced.

Leon thank you. Or can He sponsor me as a a fiance and we'll get married there in Canada after we clean up all our mess? Actually my friends and family and his family knows about our relationship. Thank you for taking some time to read my post. Merry Christmas

 

[scylla]

Leon thank you. Or can He sponsor me as a a fiance and we'll get married there in Canada after we clean up all our mess? Actually my friends and family and his family knows about our relationship. Thank you for taking some time to read my post. Merry Christmas

No - he can't sponsor you as his fiance. There is no fiance sponsorship class in Canada (the US has one - but Canada doesn't).

 

[jrmlu745]

Looks like your relationship is not conjugal yet but just an affair.

Visita44 thank you for the reply. If our status is not considered as conjugal can He sponsor me as a fiance? Thank you and hoping for a little bit insight about our situation now. God bless and Merry Christmas.

 

[rjessome]

Visita44 thank you for the reply. If our status is not considered as conjugal can He sponsor me as a fiance? Thank you and hoping for a little bit insight about our situation now. God bless and Merry Christmas.

No, he can't sponsor you as a fiance. scylla already told you there is no fiance class. And there is no way CIC is going to approve a conjugal application from a sponsor who just entered Canada a few months ago as a dependent spouse. You and your boyfriend are going to have to get divorced from your respective spouses and get married to each other. Cojugal is not going to happen for either of you while you are still living with your spouses. CIC is not so big on "feelings". They will look at facts. You are both living with other spouses and while that continues, you do not meet the definition of conjugal partner for immigration purposes.

 

[Leon]

What you would do is this. First you both get legally divorced. This will probably take a year of separation before it is granted plus some processing time. After you are both legally divorced, you can start working on proving your relationship. For example, building up ties for a conjugal application.

You should also (after you are both legally divorced) try to get a TRV to visit him. If it is granted, you can come to Canada and live with him for 6 months. During this time, you could marry and he could apply to sponsor you for PR. If you are refused a TRV to visit him, it makes your conjugal application stronger because you can state that you have immigration barriers but you should not try to prove your year of conjugal until you have both been legally divorced for some time.

There is no fast way of cleaning up the mess you are in so you must be patient. If you try to apply too early, immigration will say that your relationship started before he immigrated which means he used his wife to get PR which means he shouldn't have had PR which means they could take it away.

 

[sidkrose]

There is no fast way of cleaning up the mess you are in so you must be patient. If you try to apply too early, immigration will say that your relationship started before he immigrated which means he used his wife to get PR which means he shouldn't have had PR which means they could take it away.

^This is what I was saying. Whether his wife knew about your affair or not, he used her to get into Canada. I don't think that he deserves to be able to sponsor anyone. THIS is why it can be so tough for legit couples to go through this process. I appreciate that you are in a difficult situation, but that doesn't change facts. Good luck, but I hope you find a different way to be reunited, whether it's divorcing your current spouses and getting married or getting to Canada on your own merits. But I think applying conjugal would be wrong, unless you take the steps Leon suggested...and even still, whether you like it or not, your boyfriend stayed with his wife to get into Canada. You have to understand why, as a Canadian, I find that somewhat offensive.

 

[emrn]

Hello everyone. I'm a new member of this forum and I'm in dire needs of help for information and a little knowledge about conjugal partner application. To make everything clear, my partner is a Permanent resident in Canada and just arrive less than two months ago. I am also a Australian Permanent resident and recently arrived in the country. Actually we are both Filipino citizen in birth and both legally married in the Philippines. I am married to a Permanent Resident here in Australia and was sponsored by my husband. My boyfriend was also legally married with her Filipino wife who is the main applicant to immigrate as a skilled worker. We started our relationship March 2010. Now my questions are these:
1.) Since we are both legally married to our partner, can we file a divorce to where we are currently living now(him in Canada, Me in Australia) and file a conjugal partner after the divorce will be finalise?
2.) Both our marriage took place in the Philippines but recently Permanent resident in Canada and Australia, do we need to file an annulment back there in our home country to be eligible to file for conjugal partner or if the divorce will be granted to the place where we are permanently residing now, is the papers suffice to support for our application?
3.) We never live together because we are both married and no joint account, no share bills or any sort of proof that we share such accommodation but only pictures together because we used to meet after our gym because we workout together in the same gym. What proof do we need to show as a conjugal partner? All we had is only text messages and using Viber at most for our communication when we are away from each other and used Skype sometime.
4.) If He file a divorce soon and just arrived in Canada less than two months ago, is this affect his PR status? Is there any technicalities that his wife can revoke his visa if He file a divorce?

I know our situation is very complicated but all we know that we are committed to each other and we really love each other. The past mistake we made is marrying someone we are not sure we could live for a lifetime and for sure God is in control of everything and I believe there's a reason why God allow us to meet in those time.. I will be very grateful to receive any reply or any suggestion, opinion anyone can give. And to add up He got a job now.

Since you both are not citizens in the country where you are right now you are still somewhat bound by the laws of the Philippines, so u getting divorced will just be useless when u get to Philippines soil and what's worse is that someone may file bigamy and both of may go to jail if ever u get divorce and you will marry each other. And in order for him to file for divorce he should be a pr in Canada for at least 1 year. Do u still live with your husband? Then I don't think it will be considered as conjugal partnership because you should establish a marriage like relationship so that means both of you should move out from your respective husband and wife. Yes you've had you relationship since december 10 but since both of you still live with your husband and wife then it isn't considered conjugal partnership at all, thus he might even be accused of misrepresentation because when they applied for his PR they stated there that they are husband and wife. Even if his wife included him in the application and he no longer want to be with her he still has the decision to go to Canada or not. Being reunited with each other in your case will be a tough one. You both have to be patient for it will take years. If you both can afford it why not file for annulment and get married.