Conjugal Partner Sponsorship USA to Canada

[tlauster]

Posting this question on behalf of my sister. She is US citizen residing in US, and has been engaged since last year to her Canadian girlfriend who lives in Canada. In March 2019 they submitted an application for PR under the conjugal partner class. From what I understand reading other posts on this forum, I do not believe they qualify, as same-sex marriage is legal in US and Canada, and there is no barrier to them being together. However, she said she just received a letter from CIC instructing her to move forward with the medical exam. Is there a good chance their application will be approved? I would think if they plan to reject her application, they wouldn't have her waste time to see a doctor, right?

 

[k.h.p.]

They can reject a sponsorship at any stage. I hope it doesn't happen, but it could.

 

[Erigh04]

If they're engaged, I would suggest withdrawing the application and submit again after they marry.

 

[canuck_in_uk]

Posting this question on behalf of my sister. She is US citizen residing in US, and has been engaged since last year to her Canadian girlfriend who lives in Canada. In March 2019 they submitted an application for PR under the conjugal partner class. From what I understand reading other posts on this forum, I do not believe they qualify, as same-sex marriage is legal in US and Canada, and there is no barrier to them being together. However, she said she just received a letter from CIC instructing her to move forward with the medical exam. Is there a good chance their application will be approved? I would think if they plan to reject her application, they wouldn't have her waste time to see a doctor, right?

Yes, they would have her "waste her time". They follow all of the normal steps in a conjugal app, including requesting a medical. The determination of whether they qualify for conjugal happens later.

They have zero grounds for conjugal. There are no legal or immigration barriers preventing them from marrying or becoming common-law. Their app will be refused in a year or so. I strongly suggest you direct them to withdraw and resubmit as married. Here are some examples of actual conjugal apps:

1. 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.

2. When the foreign partner is from the Philppines, 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.

 

[scylla]

Posting this question on behalf of my sister. She is US citizen residing in US, and has been engaged since last year to her Canadian girlfriend who lives in Canada. In March 2019 they submitted an application for PR under the conjugal partner class. From what I understand reading other posts on this forum, I do not believe they qualify, as same-sex marriage is legal in US and Canada, and there is no barrier to them being together. However, she said she just received a letter from CIC instructing her to move forward with the medical exam. Is there a good chance their application will be approved? I would think if they plan to reject her application, they wouldn't have her waste time to see a doctor, right?

Medical is requested relatively early in the process and unfortunately isn't an indicator of a positive outcome. She should be expecting a refusal once they hit the phase where they assess the relationship. I would personally withdraw the application and reapply once they are married rather than wasting time waiting for a negative outcome.

 

[tlauster]

Yes, they would have her "waste her time". They follow all of the normal steps in a conjugal app, including requesting a medical. The determination of whether they qualify for conjugal happens later.

They have zero grounds for conjugal. There are no legal or immigration barriers preventing them from marrying or becoming common-law. Their app will be refused in a year or so. I strongly suggest you direct them to withdraw and resubmit as married. Here are some examples of actual conjugal apps:

1. 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.

2. When the foreign partner is from the Philppines, 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, that's what I understood as well.