Conjugal Partner Immigration Questions

[Isometry]

hmm i'm not sure which European countries allow same sex couples to get married....and since Canada does not recognize this kind of marriage yet, they won't b able to apply as married :

Portugal and Spain allow same sex marriages, I think the Netherlands/Sweden/Norway do too.

Canada definitely does recognize same sex marriages. unless you mean something else by "this kind of marriage"....

 

[missmini]

Portugal and Spain allow same sex marriages, I think the Netherlands/Sweden/Norway do too.

Canada definitely does recognize same sex marriages. unless you mean something else by "this kind of marriage"....

actually for immigration puposes they don't...they recognize only the ones performed in Canada....copy paste from the Manual (Section 5.40, page 30):

Same-sex marriages performed outside Canada are not recognized for immigration purposes.
However, a Canadian citizen or a permanent resident who married their same-sex partner outside
Canada may qualify to sponsor their partner as a common-law or a conjugal partner.

 

[PMM]

Hi


k=topic=100775.msg1385482#msg1385482 date=1333722987]
hmm i'm not sure which European countries allow same sex couples to get married....and since Canada does not recognize this kind of marriage yet, they won't b able to apply as married :
[/quote]

1. Your wrong. Canada does recognize same sex marriages since 2005.
2. Same sex marriage are also performed and recognized in the following European countries. Belgium, Iceland, the Netherlands, Norway, Portugal, Spain, and Sweden

 

[missmini]

Hi


k=topic=100775.msg1385482#msg1385482 date=1333722987]
hmm i'm not sure which European countries allow same sex couples to get married....and since Canada does not recognize this kind of marriage yet, they won't b able to apply as married :


1. Your wrong. Canada does recognize same sex marriages since 2005.
2. Same sex marriage are also performed and recognized in the following European countries. Belgium, Iceland, the Netherlands, Norway, Portugal, Spain, and Sweden

yeah but a marriage performed outside Canada is not recognized for immigration....that's what i meant ....i read it in their manual, i'm not lawyer....is the CIC manual wrong?? ???

 

[Isometry]

From http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

If you were married outside Canada, you may apply to sponsor your same-sex partner as a spouse as long as the marriage is legally recognized according to both the law of the place where the marriage occurred and under Canadian law. This applies to same-sex marriages performed in the following jurisdictions:

Belgium
the Netherlands
Norway
South Africa
Spain
Sweden
the State of California (June 16, 2008 – November 5, 2008)
the State of Massachusetts
the State of New Hampshire
the State of Connecticut
the State of Iowa
the State of Vermont (effective September 1, 2009)

Please note that the above list of jurisdictions is offered as a guide only, and is subject to change. It is your responsibility to provide CIC information about whether or not your same-sex-marriage was legally recognized when and where it occurred.

From http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

If you are married

You can sponsor the person as your spouse if your marriage is a legally valid civil marriage.

If your spouse is of the:

opposite sex and your marriage took place outside Canada, the marriage must be valid both under the laws of the jurisdiction where it took place and under Canadian law;
same sex, the marriage will be recognized for immigration purposes, where the marriage:
1. was legally performed in Canada, or
2. if performed outside of Canada, the marriage must be legally recognized according to both the law of the place where the marriage occurred and under Canadian law.

EDIT: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

Same-sex marriages performed outside Canada are not recognized for immigration purposes.
However, a Canadian citizen or a permanent resident who married their same-sex partner outside
Canada may qualify to sponsor their partner as a common-law or a conjugal partner.

I'm hoping that someone who's done this can shed some light on which it is.

 

[PMM]

Hi

yeah but a marriage performed outside Canada is not recognized for immigration....that's what i meant ....i read it in their manual, i'm not lawyer....is the CIC manual wrong?? ???

Note the date of the OP manual, it is 6 years out of date. From: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

If you were married outside Canada, you may apply to sponsor your same-sex partner as a spouse as long as the marriage is legally recognized according to both the law of the place where the marriage occurred and under Canadian law. This applies to same-sex marriages performed in the following jurisdictions:

Belgium
the Netherlands
Norway
South Africa
Spain
Sweden
the State of California (June 16, 2008 – November 5, 2008)
the State of Massachusetts
the State of New Hampshire
the State of Connecticut
the State of Iowa
the State of Vermont (effective September 1, 2009)

 

[BC_guy]

while that's true, then what abt the ones who after some time of online relationship, they meet first time (1 visit), get married and start the process? of course they don;t have the smoothest process but with enough proofs and good preparation many do succeed....the difference between that case and this (looking from outside) is just that they can get married while here they cannot...

Ray-lynn overall u see that it's good to get different opinions if u can go and visit her again (or meet half way somewhere in Europe for example) u will make ur application stronger....if it's not possible it does not mean that there's no chance at all

This whole thread / discussion is about a CONJUGAL visa application... not MARRIAGE. Of course if they both met in an approved European country and got married, then YES they could apply. However marriage simply removes the 1 year "conjugal waiting period". They will still have to prove it is a legitimate relationship, which means spending a certain amount of physical time together.

Either way... conjugal or married application... you must spend some time (not just 1 meeting) in order to qualify.

 

[GetUsHome]

We are same sex and while living together as common-law the VO suggested we could be just room mates. So we had to send in even more proof. And we are still waiting.

You will need a ton of proof.

In hindsight I wonder if we shouldn't have just got married first.

 

[naido]

we cannot find anything on the CIC website saying we have to meet more than once... I realize it is basically common sense to have spent as much time possible physically together but our situation is much more complicated than that and I think we would be able to prove it.
Please confirm if this is just your personal judgment or it is a solid rule as this can affect our entire future.

 

[scylla]

we cannot find anything on the CIC website saying we have to meet more than once... I realize it is basically common sense to have spent as much time possible physically together but our situation is much more complicated than that and I think we would be able to prove it.
Please confirm if this is just your personal judgment or it is a solid rule as this can affect our entire future.

There is no hard fast rule. It's the judgement of a visa officer that you should be worried about. If a couple has only met once or a few times, a visa officer is much more likely to suspect it's a marriage/relationship of convenience. If you have really only met once, then I would assume the visa officer is going to look at your file very closely and there's a very good chance you're going to be called for an interview.

 

[BC_guy]

we cannot find anything on the CIC website saying we have to meet more than once... I realize it is basically common sense to have spent as much time possible physically together but our situation is much more complicated than that and I think we would be able to prove it.
Please confirm if this is just your personal judgment or it is a solid rule as this can affect our entire future.

See Reply #11 on this thread for your answer.

 

[tala14]

I have a boyfriend, we been through the years... He is now a Canadian Citizen, Divorced in 2004 and we have a 6 years old daughter. He wanted to sponsor us in Canada so last year he went home here in the Philippines and we planned to get married. The problem is... his divorced did not recognize here in the Philippines because he had a previous marriage from her ex-wife that burden us to get married. He went back in Canada...

It’s so hard for me and to our daughter that my boyfriend and her father is far away from us... we only feel that he is with us when we talk and see thru chat in the internet. He tried to find a job here but the salary is not enough from us. He has 2 sons from her ex-wife and living there in Canada.

My question is... can my boyfriend sponsor me as a conjugal partner? Is there a possibility for us to approve from Canadian immigration if we file it as a conjugal sponsorship? Because we don’t want to get deny our applications.. What documents we should submit?

I appreciate your advice...thanks..God bless!!

 

[BC_guy]

My question is... can my boyfriend sponsor me as a conjugal partner? Is there a possibility for us to approve from Canadian immigration if we file it as a conjugal sponsorship? Because we don't want to get deny our applications.. What documents we should submit?

I doubt you would qualify. Since divorce is possible in the Philippines, and then your subsequent marriage to your partner is allowed... it is your responsiblity to sort out this situation. There is no legal or cultural barrier preventing this process. He would then be free to sponsor you under a spousal visa.

Conjugal is for situations that do not have processes that allow marriage or cohabitation, such as same sex relationships.

 

[andreaquebec]

I doubt you would qualify. Since divorce is possible in the Philippines, and then your subsequent marriage to your partner is allowed... it is your responsiblity to sort out this situation. There is no legal or cultural barrier preventing this process. He would then be free to sponsor you under a spousal visa.

Conjugal is for situations that do not have processes that allow marriage or cohabitation, such as same sex relationships.

Hello,

I am with a canadian guy since Dec 2014. We met in Canada, we spent one month together and I returned to Brazil because I have a son for a previous relationship and I have his guard.
Since dec 2014, He went to Brazil 5 times( each time He stays almost one month) to stay with me (He stays in my home) and I went to Canada one time and spent almost 6 months with him.
I am in an other sprocess of immigration but it is taking forever to get my CSQ so He decided to sponsor me as conjugal partner. We dont want to get marriage but of course we intending to spend the rest of our lives together.
Nobody is crazy to spend money to come to Brazil 5 times just for a simple affair. He knows all my friend and I know His friends.
He have the same age, He has a university degree and I have MBA so we have the same level
About money, both have good cars and a good house( me in Brazil and HE in Canada).

We decided apply outside Canada because I have a son and He is studying. If we apply inside my son couldnt study because it is very expensive for immigrants.

Do you think is it possible to apply as Conjugal partner outside Canada?

Thanks

 

[scylla]

Hello,

I am with a canadian guy since Dec 2014. We met in Canada, we spent one month together and I returned to Brazil because I have a son for a previous relationship and I have his guard.
Since dec 2014, He went to Brazil 5 times( each time He stays almost one month) to stay with me (He stays in my home) and I went to Canada one time and spent almost 6 months with him.
I am in an other sprocess of immigration but it is taking forever to get my CSQ so He decided to sponsor me as conjugal partner. We dont want to get marriage but of course we intending to spend the rest of our lives together.
Nobody is crazy to spend money to come to Brazil 5 times just for a simple affair. He knows all my friend and I know His friends.
He have the same age, He has a university degree and I have MBA so we have the same level
About money, both have good cars and a good house( me in Brazil and HE in Canada).

We decided apply outside Canada because I have a son and He is studying. If we apply inside my son couldnt study because it is very expensive for immigrants.

Do you think is it possible to apply as Conjugal partner outside Canada?

Thanks

No - there is no chance a conjugal application will be approved. You either need to get married - or you need to live together continuously for at least one full year to become common law. If you have submitted a conjugal application - you should withdraw it and reapply once you are either married or common law.