Conjugal Partner Sponsorship , anyone ?! June 2022

[Nicolas Balle]

Applied in June 2022, we received AOR in September 2022, Biometrics as well (no medicals) and that was it. Oh, the spousal eligibility also happened in September. Since then, no updates. We were getting several ghost updates up until may or June, but since then has stopped.

it’s being processed at the Ottawa VO. Initially was a different one but since March 23 , this year , it has been Ottawa. Anyone with a similar experience? People just wait for 1+, 2 years ? Casual eh? Before someone asks, applicant is from Brazil. 15 months and counting.

 

[armoured]

Applied in June 2022, we received AOR in September 2022, Biometrics as well (no medicals) and that was it. Oh, the spousal eligibility also happened in September. Since then, no updates. We were getting several ghost updates up until may or June, but since then has stopped.

it’s being processed at the Ottawa VO. Initially was a different one but since March 23 , this year , it has been Ottawa. Anyone with a similar experience? People just wait for 1+, 2 years ? Casual eh? Before someone asks, applicant is from Brazil. 15 months and counting.

Not in same situation, but would definitely recommend ordering your GCMS notes - right away - and soon perhaps getting info from your MP.

May I ask on what basis you are applying as conjugal? I'm not aware of any legal issues for any type of marriage in Brazil, nor restriction on divorce, and so wondering. If you've applied as conjugal without a good reason, you might be wasting time.

 

[scylla]

Applied in June 2022, we received AOR in September 2022, Biometrics as well (no medicals) and that was it. Oh, the spousal eligibility also happened in September. Since then, no updates. We were getting several ghost updates up until may or June, but since then has stopped.

it’s being processed at the Ottawa VO. Initially was a different one but since March 23 , this year , it has been Ottawa. Anyone with a similar experience? People just wait for 1+, 2 years ? Casual eh? Before someone asks, applicant is from Brazil. 15 months and counting.

I would order your GCMS notes to see what is going on.

 

[Nicolas Balle]

Not in same situation, but would definitely recommend ordering your GCMS notes - right away - and soon perhaps getting info from your MP.

May I ask on what basis you are applying as conjugal? I'm not aware of any legal issues for any type of marriage in Brazil, nor restriction on divorce, and so wondering. If you've applied as conjugal without a good reason, you might be wasting time.

Great advice, and great question. Appreciate it.
As for the answer, we had not completed one year of relationship just yet. We had, virtually, but she only moved to Brazil on October 2021 . (We met in Mexico in July 2021). Then applying on June 2022, hence why conjugal. Not common law yet, also not married. But solid evidence of relationship. We would be falling under common law at this point, but we didn’t make any changes in our application..Just updated address to Toronto (I’ve been going back and forth).

 

[scylla]

Great advice, and great question. Appreciate it.
As for the answer, we had not completed one year of relationship just yet. We had, virtually, but she only moved to Brazil on October 2021 . (We met in Mexico in July 2021). Then applying on June 2022, hence why conjugal. Not common law yet, also not married. But solid evidence of relationship. We would be falling under common law at this point, but we didn’t make any changes in our application..Just updated address to Toronto (I’ve been going back and forth).

OK - so I hate to break it to you, but based on what you've said above, you won't qualify for conjugal.

To qualify under conjugal, you must show you have real immigration barriers preventing you from getting married or becoming common law.

What are the barriers you face to getting married?

To qualify under common law, you must live together continuously (i.e. without breaks) for at least one full year. If you are going back and forth, you almost certainly are not common law.

Can you give us more info on why you think you qualify under conjugal? This may be why your application is held up. IRCC may be reviewing it closely based on not meeting the requirements for the conjugal class.

 

[Nicolas Balle]

Not in same situation, but would definitely recommend ordering your GCMS notes - right away - and soon perhaps getting info from your MP.

May I ask on what basis you are applying as conjugal? I'm not aware of any legal issues for any type of marriage in Brazil, nor restriction on divorce, and so wondering. If you've applied as conjugal without a good reason, you might be wasting time.

OK - so I hate to break it to you, but based on what you've said above, you won't qualify for conjugal.

To qualify under conjugal, you must show you have real immigration barriers preventing you from getting married or becoming common law.

What are the barriers you face to getting married?

To qualify under common law, you must live together continuously (i.e. without breaks) for at least one full year. If you are going back and forth, you almost certainly are not common law.

Can you give us more info on why you think you qualify under conjugal? This may be why your application is held up. IRCC may be reviewing it closely based on not meeting the requirements for the conjugal class.

I will request the GCMS notes as suggested, and look into the MP service, that was a great suggestion. Nevertheless, to give more context she lived with me in Brazil for a whole full year , from October 2021 to November 2022, when she got a job back here in Toronto. Borders were closed for unvaccinated people, as her. So we stayed together there for a year then she came back. I came shortly after. And from December 2022 I’ve been going back and forth. Staying 2 months in each country. We aren’t ready for marriage just yet. And certainly don’t wanna rush it. But yeah it’s upsetting it’s taking so long. Almost a full year traveling back and forth to see her and my cat (I’ve brought my cat already goddamn). Thanks guys.

 

[scylla]

I will request the GCMS notes as suggested, and look into the MP service, that was a great suggestion. Nevertheless, to give more context she lived with me in Brazil for a whole full year , from October 2021 to November 2022, when she got a job back here in Toronto. Borders were closed for unvaccinated people, as her. So we stayed together there for a year then she came back. I came shortly after. And from December 2022 I’ve been going back and forth. Staying 2 months in each country. We aren’t ready for marriage just yet. And certainly don’t wanna rush it. But yeah it’s upsetting it’s taking so long. Almost a full year traveling back and forth to see her and my cat (I’ve brought my cat already goddamn). Thanks guys.

Definitely order your GCMS notes asap. Be prepared for the possibility that IRCC may be looking into whether you meet the conjugal criteria. Based on what you've said so far, you do not meet the requirements of the conjugal class.

I'll be honest, I think it was likely a big mistake to apply under conjugal vs. waiting until you became common law and applying in Nov 2022.

You may end up having to reapply. (Hope that's not the case.)

Good luck.

 

[Nicolas Balle]

Would someone know if I just reach out to one of the Ontario’s Members of Parliament randomly? (My girlfriend in this case, citizen, born and raised Canadian). Already looking into it. GCMS notes tmrw. Let’s go! Still hopeful.

in regards to waiting until we became common law, was def in our minds. We were just eager to get it going

Thank you!!

 

[scylla]

Would someone know if I just reach out to one of the Ontario’s Members of Parliament randomly? (My girlfriend in this case, citizen, born and raised Canadian). Already looking into it. GCMS notes tmrw. Let’s go! Still hopeful.

in regards to waiting until we became common law, was def in our minds. We were just eager to get it going

Thank you!!

You should be reaching out to the MP and not the MPP - so federal and not provincial. You should not be reaching out to anyone randomly. You should be reaching out to the MP representing the area where your GF lives. Your GF should easily understand what all of this means if she was born here.

MPs are not immigration experts. Chances are very high the one you'll be dealing with won't even know there's a conjugal class or what that is. They also cannot influence immigration applications/decisions. Generally the best they can do is ask for the status of your application. This gets mixed results here. Some MPs get good / useful info. Some actually pass on bad / misunderstood info. And some don't do anything at all. GCMS is your best bet to really understand what is going on.

I would psychologically prepare yourself for the significant possibility you will have to reapply and be pleasantly surprised if you don't.

 

[armoured]

Great advice, and great question. Appreciate it.
As for the answer, we had not completed one year of relationship just yet. We had, virtually, but she only moved to Brazil on October 2021 . (We met in Mexico in July 2021). Then applying on June 2022, hence why conjugal. Not common law yet, also not married. But solid evidence of relationship. We would be falling under common law at this point, but we didn’t make any changes in our application..Just updated address to Toronto (I’ve been going back and forth).

Under my read of what the conjugal class requires, it will be a miracle of inconsistency if you are approved, [acc to the requirements/definition of the conjugal partner]:
"you’ve been in a genuine (real) relationship for at least 12 months where marriage or cohabitation (living together) hasn’t been possible for any reason..."

You state outright you weren't in a relationship for 12 months yet at time of application; you WERE living together (not to mention that continuing to live together to become common law was not only possible, but you actually did it later); and, you WERE able to get married, you just chose not to.

This is in the guide - the instructions:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

We aren’t ready for marriage just yet.

A hard-ass interpretation (mine, for example) would be that applying under a class meant for those in a marriage-like relationship who CAN'T get married or live together and stating you're not ready is ... incoherent.

As for the answer, we had not completed one year of relationship just yet. We had, virtually, but she only moved to Brazil on October 2021 . (We met in Mexico in July 2021). Then applying on June 2022, hence why conjugal. Not common law yet, also not married. But solid evidence of relationship. We would be falling under common law at this point, but we didn’t make any changes in our application

Anyway, what to do going forward? I've no idea which is the best. You could wait and see what gcms notes say, I don't know how long they're taking now. (You might have a decision before then, of course)

Well, first, if it's refused, you can just apply under common law (you'll have to decide whether from within Canada or not); the previous refusal will be for the, ahem, 'technical reason' that you applied under a class for which you were not eligible, so without prejudice to the new application. That common law app shouldn't present serious difficulties if you can document your common law cohabitation well. It just will take more time.

-You can obviously wait until there is a decision on your case.
-You could provide [supplementary] info [via webform] on your cohabitation that exceeded 12 months and hence made you eligible for common law (decide about how to phrase this). Perhaps they'd be merciful and perhaps they'd prefer to have more approvals than refusals in their annual numbers.
-[You could withdraw and apply anew. This might be the most reliable way of proceeding forward as I don't see any reason for refusal in a new app, although again, might take longer.]

[these parts I edited/added as I had a fat thumbs brainfart.]

 

[scylla]

Under my read of what the conjugal class requires, it will be a miracle of inconsistency if you are approved:
"you’ve been in a genuine (real) relationship for at least 12 months where marriage or cohabitation (living together) hasn’t been possible for any reason..."

You state outright you weren't in a relationship for 12 months yet at time of application; you WERE living together (not to mention that continuing to live together to become common law was not only possible, but you actually did it later); and, you WERE able to get married, you just chose not to.

This is in the guide - the instructions:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

I 100% agree with the above. I was hesitating to sound negative but it would take a miracle for the application to be approved (and the IRCC officer would liternally have to ignore the rules).

Good point on withdrawing and submitting a new application under common law. That makes the most sense vs. waiting additional time for something that's pretty much guaranteed to be refused.

 

[armoured]

I 100% agree with the above. I was hesitating to sound negative but it would take a miracle for the application to be approved (and the IRCC officer would liternally have to ignore the rules).

Good point on withdrawing and submitting a new application under common law. That makes the most sense vs. waiting additional time for something that's pretty much guaranteed to be refused.

I think that the inconsistency is actually possible but that's really a longshot. If anything I'm mildly surprised it hasn't been rejected already (only 'mildly' because rejections can get delayed for a long time esp on harder type apps like conjugal).

If I were making the decision on what to do here: if the applicant intended to remain in Canada while being processed, I would withdraw and file the app as inland. This is just from the math of how quickly (it seems) inland apps are being processed.

Any other circumstance like not being able to remain in Canada and reside with the sponsor: don't know, I'd probably wait to get the gcms notes and probably send the supplementary info about the cohabitation (prior) having exceeded 12 months.

Probably obvious but if providing that supplemental info, obviously also info on the subsequent visits and time spent together (to show the relationship is still very much a going concern).