Conjugal Partner Sponsorship Suitability

[phaeo]

Correct. The living together for 12 months is the current challenge. She "lived" with me in NZ for her last 3 months there and I have been "living" with her for the past 5 months in Brazil (but unfortunately have to return to Canada to work in 3 weeks). It would be difficult to prove living together during these times as we did not have any mail or bills directed to these addresses. What is generally required as proof of living together?

Stuff like a signed lease showing both of your names as tennants at the same address, bills in both of your names, both of your IDs showing the same address, etc. You'd also need to prove that you share finances, so things like joint bank accounts or proof of transferring funds between your accounts is also good.

Also, to answer the other question I saw you ask, yes your application will 100% be rejected, especially if she has an ETA. There's nothing stopping her from coming to Canada and marrying you, or coming to Canada and living with you there (extending her visitor stay to be with you a year). I mean, I know that there are practical reasons to not do that (e.g. she can't work if she is just there as a visitor), but conjugal partnerships are defined as a relationship where there are both legal and immigration barriers preventing you from otherwise living as a married or common law partner. Think situations where same sex relationships or divorce are illegal, and both parties can show they have been unsuccessful at securing long stay visas elsewhere. Because there have been no legal barriers to you being able to see each other, you 100% don't qualify as conjugal. Best bet is to withdraw this application, get married and sponsor her as your spouse.

 

[eric44]

Stuff like a signed lease showing both of your names as tennants at the same address, bills in both of your names, both of your IDs showing the same address, etc. You'd also need to prove that you share finances, so things like joint bank accounts or proof of transferring funds between your accounts is also good.

Also, to answer the other question I saw you ask, yes your application will 100% be rejected, especially if she has an ETA. There's nothing stopping her from coming to Canada and marrying you, or coming to Canada and living with you there (extending her visitor stay to be with you a year). I mean, I know that there are practical reasons to not do that (e.g. she can't work if she is just there as a visitor), but conjugal partnerships are defined as a relationship where there are both legal and immigration barriers preventing you from otherwise living as a married or common law partner. Think situations where same sex relationships or divorce are illegal, and both parties can show they have been unsuccessful at securing long stay visas elsewhere. Because there have been no legal barriers to you being able to see each other, you 100% don't qualify as conjugal. Best bet is to withdraw this application, get married and sponsor her as your spouse.

Thanks for the inputs. I understand where you are coming from and the reasons for the delineations. I misinterpreted the "barriers" sections when reading up on the definitions and that they are restricted to legal, religious, or other extenuating circumstances and not necessarily financial or work related.

Thanks again!

 

[phaeo]

Thanks for the inputs. I understand where you are coming from and the reasons for the delineations. I misinterpreted the "barriers" sections when reading up on the definitions and that they are restricted to legal, religious, or other extenuating circumstances and not necessarily financial or work related.

Thanks again!

No worries! We wondered the same, thought maybe we qualified for conjugal, but then realised that we absolutely did not. So we got married, and all went through okay! Good luck going forward.

 

[eric44]

No worries! We wondered the same, thought maybe we qualified for conjugal, but then realised that we absolutely did not. So we got married, and all went through okay! Good luck going forward.

Thanks and all the best to you as well.

 

[canuck_in_uk]

Do you think that it is 100% chance it would be rejected, or is there any merit in waiting until they make a judgement? My partner and I are looking into getting married in January/February, but if there is a chance the application may be approved then we may just leave the application in the process (nothing really to lose).

Also she has an eTA already for Canada that is valid until 2023 and my understanding is that the only difference between the eTA and TRV is that the TRV allows air, sea and road arrival where as the eTA is only by air.

Definite refusal as conjugal. You will also waste a year or more waiting for that refusal. You have no legal/immigration barriers preventing you from marrying or becoming common-law.

Examples I use to show true conjugal situations:

- a same-sex couple where the foreign partner is refused a TRV to Canada and lives in a country where homosexuality is illegal. There are both immigration and legal barriers preventing the couple from marrying or becoming common-law in Canada or the foreign country.

- when the foreign partner is from the Philippines, can't get a TRV and is married to someone else. Divorce is illegal in the Philippines, as is adultery, so they cannot marry or become common-law there or in Canada

 

[eric44]

Definite refusal as conjugal. You will also waste a year or more waiting for that refusal. You have no legal/immigration barriers preventing you from marrying or becoming common-law.

Examples I use to show true conjugal situations:

- a same-sex couple where the foreign partner is refused a TRV to Canada and lives in a country where homosexuality is illegal. There are both immigration and legal barriers preventing the couple from marrying or becoming common-law in Canada or the foreign country.

- when the foreign partner is from the Philippines, can't get a TRV and is married to someone else. Divorce is illegal in the Philippines, as is adultery, so they cannot marry or become common-law there or in Canada

Thank you for the clarification and examples and understood. Much appreciated.

 

[Skkhan]

Hello,

My partner and I have recently applied for a Conjugal Partner Visa under the Canada Family Class (June 24, 2019 application received). We have received confirmation that our application has been received, but have not received any further instructions or guidance.

My main query is regarding our suitability for application under this class.

We met in March 2017 in New Zealand. I am a Canadian Citizen who was working in New Zealand, and she is a Brazilian citizen who was completing a Master's degree in New Zealand, sponsored by the Brazilian government (she is a public servant). She was studying in Wellington, NZ and I was working in Northern New Zealand (10 hour drive apart). For all of 2017 we travelled very frequently to stay with each other as much as possible and developed a strong relationship (spending more than 4 months cumulative at each other's places). In December 2017 she graduated and had to return to Brazil to work for 2 years (part of the agreement of the sponsorship and has severe financial implications if she breaks this). Throughout 2018 we travelled a lot to meet each other as I was still living in New Zealand, and her in Brazil. We met every 6-7 weeks in Brazil, Argentina, Chile, Canada and New Zealand. In January 2019 I finished my working commitment in New Zealand and took an 8 month sabbatical from work. During this sabbatical I have been visiting Brazil and living with my partner. Unfortunately, I have a commitment to start work in Canada in September 2019 and cannot overstay my 6 month visitor Visa in Brazil as well.

The work commitments and financial implications of breaking these commitments has prevented us from living together for more than 12 months. My partner's work commitment of 2 years ends in January 2020 at which point she plans to join me in Canada (pending Visa approval).

Our plan is to get married once she joins me in Canada. We are also considering a Stable Union Document now if that were to make the application process easier.

Is the above appropriate circumstances to qualify for the Conjugal Partner Visa. If not, what would are alternatives be?

Secondly, while the application is being processed, is my partner allowed to visit Canada? What would be the restrictions on this?

Any guidance or help would be greatly appreciated.

Hi my best friend applied in the same category as conjugal
She lives in Pakistan separated from her feudal husband and has her love of life living in Canada divorced from his previous wife .
They have been in a relationship since three years and knew each other since school days .
Her file has been transfered to London visa office , just wanted to ask if she is eligible to apply in this category ??
also is the application screwtinised in Canada also of the principal applicant?? I guess yes that’s why they have moved the application forward .
Can anybody help on this plz

 

[Skkhan]

Hi my best friend applied in the same category as conjugal category
She lives in Pakistan separated from her feudal husband and has her love of life living in Canada divorced from his previous wife .
They have been in a relationship since three years and knew each other since school days .
Her file has been transfered to London visa office , just wanted to ask if she is eligible to apply in this category ??
also is the application screwtinised in Canada also of the principal applicant?? I guess yes that’s why they have moved the application

 

[scylla]

Hi my best friend applied in the same category as conjugal category
She lives in Pakistan separated from her feudal husband and has her love of life living in Canada divorced from his previous wife .
They have been in a relationship since three years and knew each other since school days .
Her file has been transfered to London visa office , just wanted to ask if she is eligible to apply in this category ??
also is the application screwtinised in Canada also of the principal applicant?? I guess yes that’s why they have moved the application

It's not clear what the situation is so difficult to answer your question.

Is she being sponsored for PR by her partner in Canada through family sponsorship? For this to be possible, he would need to be a Canadian citizen or PR.

Or is one of them applying for PR through an economic immigration stream like Express Entry and has included the other as a conjugal partner in the application?

Again, not clear what the situation is.

 

[Skkhan]

It's not clear what the situation is so difficult to answer your question.


Is she being sponsored for PR by her partner in Canada through family sponsorship? For this to be possible, he would need to be a Canadian citizen or PR.

Or is one of them applying for PR through an economic immigration stream like Express Entry and has included the other as a conjugal partner in the application?

Again, not clear what the situation is.

Hey thank you for your response
The sponsor here is a canadian citizen
Yes she is being sponsored through family sponsorship her file is at london visa office after getting the sponsor approval , biometrics and medical done

 

[Skkhan]

It's not clear what the situation is so difficult to answer your question.

Is she being sponsored for PR by her partner in Canada through family sponsorship? For this to be possible, he would need to be a Canadian citizen or PR.

Or is one of them applying for PR through an economic immigration stream like Express Entry and has included the other as a conjugal partner in the application?

Again, not clear what the situation is.

I wanted to ask you is that if the application of the principal applicant also checked and approved in canada and then transfered to lvo ?
you think they have separate visa officers for conjugal applications or same as the spouse ones ??

 

[scylla]

I wanted to ask you is that if the application of the principal applicant also checked and approved in canada and then transfered to lvo ?
you think they have separate visa officers for conjugal applications or same as the spouse ones ??

It's the same visa office for everyone.

I assume it is impossible for them to get married or live together for a year to become common law. Also, I assume she has tried applying for a TRV to come to Canada and was refused.

 

[Skkhan]

It's the same visa office for everyone.

I assume it is impossible for them to get married or live together for a year to become common law. Also, I assume she has tried applying for a TRV to come to Canada and was refused.

She cannot be common law and can only apply for conjugal as they can’t get married , she already has a visa to travel to canada and has travelled also few times
She cannot marry as her ex husband refuses to give divorce and her family is very orthodox will not let her take divorce that’s why she has been separated since 5 years and living on her own and working and paying her bills

 

[Skkhan]

It's the same visa office for everyone.

I assume it is impossible for them to get married or live together for a year to become common law. Also, I assume she has tried applying for a TRV to come to Canada and was refused.

So you think how much time will they take to approve her pr , as it’s a genuine relationship and she is very very worried now to stay here and not starting her life
Any suggestions please would be a big help
Thanks

 

[scylla]

She cannot be common law and can only apply for conjugal as they can’t get married , she already has a visa to travel to canada and has travelled also few times
She cannot marry as her ex husband refuses to give divorce and her family is very orthodox will not let her take divorce that’s why she has been separated since 5 years and living on her own and working and paying her bills

If she has a visa and has traveled to Canada, then there is nothing stopping her from becoming common law with her partner in Canada. She could simply travel to Canada and then apply to extend her visit once here to reach one year of living together and be classified as common law.

I think it may be quite difficult to get the conjual application approved based on the information you have provided.