Conjugal Partner (M-F, opposite sex)

[jerryca]

I am a Canadian male, sponsoring my female partner from the Philippines. We tried for many months for TRVs so that we could live together in Canada (common law) and since all were refused we could only be together when I could make short visits to PH. Knowing our chances of becoming common-law partners was impossible, we began preparing to file a conjugal partner application as soon as we were eligible. I have not found any success stories for M-F conjugal partner applications. I read all I could find, got some advice from an immigration consultant, and followed advice on this forum to make an organized, comprehensive and complete application.

The application is outland and was filed in August 2014. I received the Sponsor Approval this week and the file has now been sent to Manila VO.

I am looking to share experience with others with M-F conjugal partner applications.

 

[Rob_TO]

Unless your partner is married in the Philippines to an ex, is unable to get a divorce and that is what's preventing you from getting married, you have a practically zero chance to be approved under conjugal.

You need to:
- move to Philippines and live there for 1 year to establish common-law, or
- get married

 

[gsize]

if you don't mind me asking. why didn't you get married.? I hate to be negative but I hope you realize you have a very high chance of denial in this category.

 

[jerryca]

Unless your partner is married in the Philippines to an ex, is unable to get a divorce and that is what's preventing you from getting married, you have a practically zero chance to be approved under conjugal.

You need to:
- move to Philippines and live there for 1 year to establish common-law, or
- get married

Thanks for your advice on getting married. In Canada, there is no requirement to get married. Marriage is a choice and couples may choose not to be married. This is quite clear in the CICs own manuals which I have read in minute detail.

See the third paragraph of 5.45 below from the CICs operating manual.

5.45. What is a conjugal partner?

This category was created for exceptional circumstances – for foreign national partners of Canadian or permanent resident sponsors who would ordinarily apply as common-law partners but for the fact that they have not been able to live together continuously for one year, usually because of an immigration impediment. In most cases, the foreign partner is also not able to marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, i.e., they have been in a bona fide conjugal relationship for a period of at least one year.

Both marriage and common-law partnership (common-law partnerships may be opposite-sex and same-sex) are legally recognized in Canada for purposes of federal benefits and obligations (Modernization of Benefits and Obligations Act, June 2000). In order to be eligible for federal benefits, couples must either be married or meet the definition of common-law partner in each statute or regulation. IRPA brought CIC’s immigration legislation into conformity with the Modernization of Benefits and Obligations Act.

Because of Supreme Court decisions, the choice not to marry is a constitutionally protected choice. Thus, CIC cannot require couples to marry in order to immigrate. However, if they are not married, they must be common-law partners. There is NO provision for fiancé(e)s or “intended common-law partners” in IRPA. If a Canadian and a foreign national can get married or can live together and establish a common-law relationship, this is what they are expected to have done before they submit sponsorship and immigration applications.

Marriage immediately creates a legal relationship recognized for immigration purposes. Common- law partners, however, have to meet the definition, including living together continuously for one year to have their relationship legally recognized. In the immigration context, there are some exceptional circumstances where a Canadian is in a conjugal relationship with a foreign national partner and would ordinarily sponsor that person as a common-law partner, but the two have not been able to live together continuously for one year, usually because immigration rules prevent them from long stays in one another’s countries. As well, for these individuals, marriage is usually not an available option. The conjugal partner category is mainly intended for partners where neither common-law partner status nor marriage is possible, usually because of marital status or sexual orientation (both analogous grounds of discrimination under the Charter), combined with an immigration barrier.

 

[Ponga]

Thanks for your advice on getting married. In Canada, there is no requirement to get married. Marriage is a choice and couples may choose not to be married. This is quite clear in the CICs own manuals which I have read in minute detail.

See the third paragraph of 5.45 below from the CICs operating manual.

5.45. What is a conjugal partner?

This category was created for exceptional circumstances – for foreign national partners of Canadian or permanent resident sponsors who would ordinarily apply as common-law partners but for the fact that they have not been able to live together continuously for one year, usually because of an immigration impediment. In most cases, the foreign partner is also not able to marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, i.e., they have been in a bona fide conjugal relationship for a period of at least one year.

Both marriage and common-law partnership (common-law partnerships may be opposite-sex and same-sex) are legally recognized in Canada for purposes of federal benefits and obligations (Modernization of Benefits and Obligations Act, June 2000). In order to be eligible for federal benefits, couples must either be married or meet the definition of common-law partner in each statute or regulation. IRPA brought CIC's immigration legislation into conformity with the Modernization of Benefits and Obligations Act.

Because of Supreme Court decisions, the choice not to marry is a constitutionally protected choice. Thus, CIC cannot require couples to marry in order to immigrate. However, if they are not married, they must be common-law partners. There is NO provision for fiancé(e)s or “intended common-law partners” in IRPA. If a Canadian and a foreign national can get married or can live together and establish a common-law relationship, this is what they are expected to have done before they submit sponsorship and immigration applications.

Marriage immediately creates a legal relationship recognized for immigration purposes. Common- law partners, however, have to meet the definition, including living together continuously for one year to have their relationship legally recognized. In the immigration context, there are some exceptional circumstances where a Canadian is in a conjugal relationship with a foreign national partner and would ordinarily sponsor that person as a common-law partner, but the two have not been able to live together continuously for one year, usually because immigration rules prevent them from long stays in one another's countries. As well, for these individuals, marriage is usually not an available option. The conjugal partner category is mainly intended for partners where neither common-law partner status nor marriage is possible, usually because of marital status or sexual orientation (both analogous grounds of discrimination under the Charter), combined with an immigration barrier.

Your own reference to CIC states that if you are not married, you must be in a common-law relationship. Since you are not, you really should consider the opinions that have been shared with you and at least consider withdrawing your conjugal application...and use that money to apply again when you are either common-law, or married.

Good luck!

 

[Rob_TO]

However, if they are not married, they must be common-law partners.

Need to check that part. Sure it's your choice not to get married, so you need to go and live in the Philippines for 1 year if you want to qualify to sponsor her.

 

[keesio]

I have not found any success stories for M-F conjugal partner applications.

That is because it is extremely difficult. There needs to be some legal or immigration barrier that prevents marriage or common-law.

If you don't fit the criteria that Rob_TO mentioned (your partner is married in the Philippines and can't get a divorce) and continue on with conjugal, you will have a very long road ahead of you.

 

[jerryca]

if you don't mind me asking. why didn't you get married.? I hate to be negative but I hope you realize you have a very high chance of denial in this category.

In fact, I am still married. I am legally separated, but my divorce will likely not to be finalized for some time yet. I have children and my partner has not been able to meet and get to know them. I have commitments to my children, both as a parent and legally, that I cannot meet by living in my partner's country (if I was able to get a visa to do so).

From what I have read here, the reason that conjugal applications have high denial rates is because many of those applying or wanting to apply as conjugal partners do not qualify in my opinion. Many do not have impediments to living together. Their partners can freely enter Canada, stay for six months, leave and return again for the same period.

If my partner was able to get a TRV, we would have no need to make this application. We would live together for as long as she could stay, leave and return, and eventually make the application as common-law partners.

My choice right now is to live with my partner in a common-law relationship.

 

[Ponga]

So...If your choice is to live with your partner in a C-L relationship...but you aren't willing to move to her country...how is that going to happen?

 

[jerryca]

I really appreciate everyone's input here. Really, I am looking for first-hand experience.

 

[jerryca]

So...If your choice is to live with your partner in a C-L relationship...but you aren't willing to move to her country...how is that going to happen?

Thanks Ponga. The quote you highlighted in your prior post is correct. We have to establish that we have insurmountable barriers to becoming common-law partners. I believe we have those barriers and that we have demonstrated that in our application. Of course, assessing the application will not be as straight forward as the "fact-based" common law or married applicants, and will (unfortunately) take longer.

 

[Ponga]

Thanks Ponga. The quote you highlighted in your prior post is correct. We have to establish that we have insurmountable barriers to becoming common-law partners. I believe we have those barriers and that we have demonstrated that in our application. Of course, assessing the application will not be as straight forward as the "fact-based" common law or married applicants, and will (unfortunately) take longer.

Since you seem determined to follow through with your application...I wish you and your partner all the best.

 

[Rob_TO]

Thanks Ponga. The quote you highlighted in your prior post is correct. We have to establish that we have insurmountable barriers to becoming common-law partners. I believe we have those barriers and that we have demonstrated that in our application. Of course, assessing the application will not be as straight forward as the "fact-based" common law or married applicants, and will (unfortunately) take longer.

Barriers that are acceptable to CIC are legal and immigration barriers. i.e. if you were denied entry to Philippines, or you were legally not able to be divorced from your ex.

Seeing as you are free to travel to the Philippines as a Canadian citizen, it is then your personal choice not to do that. CIC in general does not consider family commitment or employment related reasons as actual "barriers" to becoming common-law.

So best of luck in your app, and you need to hope you get a very sympathetic visa officer processing your file.

 

[keesio]

I really appreciate everyone's input here. Really, I am looking for first-hand experience.

I do recall a few cases here of M-F conjugal. I think one was a US-Canadian couple. Originally sent to CPP-Ottawa and then transferred to LA because of the big "red-flag". Those cases were all pending with long waits.

 

[sammystorm19]

If not wanting to go and live in another country and also not getting a divorce applies as conjugal....then so many of us would have applied that way....but the system doesn't work that way.

As other people have mentioned - and they are senior members - you are better off cancelling your application, getting a divorce and getting married or move for the 1 year to get common law. Conjugal doesn't apply to you. I would hate to see you wait to actually be declined. Please take what we are saying as good advice.

You also mention this

If my partner was able to get a TRV, we would have no need to make this application. We would live together for as long as she could stay, leave and return, and eventually make the application as common-law partners.

My choice right now is to live with my partner in a common-law relationship.

If it is your choice to live with your partner then you will have to do that....many people have legal obligations to their kids but still seem to make it work. If you have been seperated for more than a year....get a divorce and marry your partner. Then you wouldn't have to worry about common law or conjugal.