Conjugal Partner Sponsorship

[Koishii]

I need some serious advice. I have been involved in a long-distance relationship with a man since October of '08. We are both very much committed to each other, I have visited him in Canada before (though not for an extended period of time) and we wish to be able to live together in Canada. I have several questions that may determine whether or not this is the route for us:

1) If our circumstances for not being able to live together in the past are financial difficulties (both from not having the money, and because I would not be able to work legally in Canada), will we be denied?

2) Will the fact that I have not applied for, and therefore not been denied, permission to immigrate because we knew I would be denied count against us?

3) Will the fact that we are not CURRENTLY financially dependent upon each other and do not actually own a home in which we both live be a problem?

4) If possible, I would now be able to move to Canada and have enough money to pay rent and live with him. However, the house is not his, it belongs to his parents. Do we have to own the place we live in? Would I not be eligible, even though I could afford a place to live?

5) He has an income, but I have no idea if it would be enough. What type of money does he need to have, and do they base it on how much he's paid, or how much money he HAS?

6) If I were to visit him for a period of six months, would this help my case? Could I then return to the states, and then return immediately and apply outland (I'm under the impression that applying outland is the best?)? Or would I need to remain in the states while it's being processed?

The province in question is Newfoundland, if that matters.

Please, please help. I'm desperate for information.

 

[racoon]

Hello,
1) It is a legitimate reason for not being able to live together
2) No
3)No
4)You don't have to own a place
5)There is no minimal income requirements in the spousal/common law/conjugal partner class
6) It will not help the case (only if you live together for 1 year, then you are considered common law, so it is a different category, and it is kind of more favorable, but conjugal is OK too). Once you apply you can wait in Canada, however you will not be able to work, and you can stay only for 6 months, after you have to apply to extend your stay.

Overall, you are Ok to apply, just make sure you provide lots of proof that your relationship is genuine: photos, trips together, invitations from weddings and other occasions that you might have attended together, letters from your friends and family, phone/skype bills, e-mails, gifts, show that he visits you and you visit him an so on....

Hope this helps, Raccoon =)

 

[Leon]

Conjugal partnerships are hard to get approved sometimes. It really depends on the IO. Some IO's will look at if you have valid immigration barriers towards living together. So ok, if you can not afford that one of you stops working for a year to be able to qualify as common law, I suppose that could be accepted. However, what are the barriers stopping you from getting married? For some IO's you can say that you don't believe in marriage and they will accept it but for others, they will look at why you would not want to get married if you are really committed to each other and then deny.

You should read what immigration says about conjugal partnership, who should or should not apply: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#conjugal

To qualify as a common-law, you would have to go up to Canada for an extended visit, ask for your visit status to be extended for another 6 months to get the full 12 months of living together.

If you are already in Canada when you apply for sponsorship. There is no reason to go back to the states to wait unless you really want to but you do have to stay legal so before your 6 months are up, you need to apply to extend.

 

[Koishii]

Leon, I have seen you around this forum a lot and you seem very knowledgeable about immigration routes, so I would like some advice/info from you if you don't mind. Conjugal sponsorship may not be the way to go for us.

Is the method you wrote about common for becoming "common-law" status? Visiting for 6 months, applying for an extension for another 6 months, therefore making it a year, and granting us common-law status? If I apply 30 days in advance for an extension and it is granted, will that second period of 6 months start AFTER my first 6-month term, or the date it is granted? Because it seems to me, if it starts the day it is granted, my time there will not total a year. Can we apply for common-law sponsorship before it's been a year? And after we have applied and it is being processed, I will be allowed to stay in Canada until a decision has been made, right?

If we have all the documents to provide, proof that I have been there for a year (there should be a date stamped on my passport for when I arrived right? or will boarding passes suffice? Plus papers granting an extension), proof that we are financially dependent on eachother, mail addressed to the both of us, etc... Is there any reason why we would be denied? It seems to me if what Racoon says is true, that our income will not be considered and we do not have to own or rent the place we live in (his parents' home), then I don't see why we would be denied.

Any further insight is HUGELY appreciated. Thanks to the both of you.

Conjugal partnerships are hard to get approved sometimes. It really depends on the IO. Some IO's will look at if you have valid immigration barriers towards living together. So ok, if you can not afford that one of you stops working for a year to be able to qualify as common law, I suppose that could be accepted. However, what are the barriers stopping you from getting married? For some IO's you can say that you don't believe in marriage and they will accept it but for others, they will look at why you would not want to get married if you are really committed to each other and then deny.

You should read what immigration says about conjugal partnership, who should or should not apply: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#conjugal

To qualify as a common-law, you would have to go up to Canada for an extended visit, ask for your visit status to be extended for another 6 months to get the full 12 months of living together.

If you are already in Canada when you apply for sponsorship. There is no reason to go back to the states to wait unless you really want to but you do have to stay legal so before your 6 months are up, you need to apply to extend.

 

[Leon]

Yes, it is becoming common that people are going to Canada on a visit visa to live with their partner and applying for an extension after 5 months. I do believe the extension is granted for another 6 months but of course what you can do is request the extension until a certain date based on wanting to qualify for a common law relationship. If your extension were denied, then you would be in the position to apply as conjugal partners based on real immigration barriers. And then of course you can apply for another extension when the 2nd one is running out. You have to make sure to keep yourself legal in Canada while you wait for your PR and continue to apply for extensions if they are about to expire on you.

You can not apply as common law partners until you have lived together for 12 months. Joint lease, joint utilities, joint insurance, joint bank account etc. will all help proving your relationship as well as having mail at the same address to prove that you really live together.

 

[Koishii]

So being honest and stating that my reason for wanting to extend my stay by another 6 months would be acceptable? I'd think them knowing that that is my goal would be a negative. They wouldn't tell me, no, you're a visitor, you need to get out?

Are you saying that after my initial 12 month stay, when I apply to be sponsored as a common-law spouse, I will need to apply for ANOTHER 6 month stay? I can't just stay in the country because my case is being processed?

Would you say family class sponsorship is the fastest immigration route (judging by processing times)? Does the type matter, i.e. would conjugal processing times be longer than common-law, or is it all generally the same?

Yes, it is becoming common that people are going to Canada on a visit visa to live with their partner and applying for an extension after 5 months. I do believe the extension is granted for another 6 months but of course what you can do is request the extension until a certain date based on wanting to qualify for a common law relationship. If your extension were denied, then you would be in the position to apply as conjugal partners based on real immigration barriers. And then of course you can apply for another extension when the 2nd one is running out. You have to make sure to keep yourself legal in Canada while you wait for your PR and continue to apply for extensions if they are about to expire on you.

You can not apply as common law partners until you have lived together for 12 months. Joint lease, joint utilities, joint insurance, joint bank account etc. will all help proving your relationship as well as having mail at the same address to prove that you really live together.

 

[Leon]

Someone on this forum said they stayed 3 years in Canada on a visit visa always giving the reason for extension as "exploring relationship". You do need to prove that you have the funds to support yourself or the partner can write a letter stating sponsorship of you.

You can not just stay in Canada based on that you have applied for PR. You still need to stay legal.

As far as I know, conjugal, common-law and marriages have the same processing times as long as everything is proven. With common-law, you have the added burden of proof that you have lived together for 12 months and with conjugal, you have the added burden of proof that you actually qualify to apply as a conjugal, that is immigration barriers and other barriers preventing you from living together or getting married.

Family class is probably the fastest immigration route except maybe Canadian Experience class but you don't qualify for that. Spousal sponsorship outland through the US would take maybe 7-8 months and inland in Canada could take from 8 to 18 months.

 

[Koishii]

How much funding do I need to have? When I (plan to) leave, I'll have around $5,000 to my name, and a job. Is it based on how much money I have or how much I'm paid (weekly paycheck amount)?

 

[Leon]

You don't need funds for spousal sponsorship but if you apply to extend your visit visa, you need to show that you can survive in Canada without working illegally. According to Immigration at http://www.cic.gc.ca/english/information/applications/guides/5196E10.asp you would assume that as long as your boyfriend makes $27,000 a year, he would be considered to have enough to support you both, that is if he writes a letter stating that he is taking care of you.

 

[Koishii]

I will have my own income even while residing in Canada, with a work from home job that allows me to live anywhere so long as I have internet access. So combined, our annual income should be enough if it's only $27,000 annually. Even so, that looks like those tables are for residents of Quebec...?

Also, I won't need a visa since I live in the US. Will I still have to prove I have enough to stay in Canada though?

 

[Koishii]

If your extension were denied, then you would be in the position to apply as conjugal partners based on real immigration barriers. And then of course you can apply for another extension when the 2nd one is running out.

Could you clarify a little on this? If I'm denied a second extension, putting me in the position to be able to apply as conjugal partners, will I be forced to leave the country while it's being processed, or..?

 

[Koishii]

Sorry for bombarding you with questions, but I just read the following on: http://www.cic.gc.ca/english/information/applications/guides/5551E2.asp

"May I apply more than once for an extension of my temporary resident status?

You may apply as many times as you wish, but each time that you apply, you must complete a new application and pay the fee. You must also demonstrate that your residence in Canada is still temporary."

It seems to me if I clearly state my reason for an extension is based on wanting common-law status or "exploring relationship", they would refuse me as these indicate I plan to stay. Am I wrong?

 

[racoon]

exploring relationship does not really indicate your intention to stay (people break up all the time =)). Many people have done it and it is absolutely OK.

Cheers, Raccoon

 

[Koishii]

exploring relationship does not really indicate your intention to stay (people break up all the time =)). Many people have done it and it is absolutely OK.

Cheers, Raccoon

Thank you. =)
Is stating that I'm simply exploring our relationship enough to say alone? Just that? There's an awful large space to write in on the application. It's kind of intimidating. Also, what had me concerned the most was actually what Leon said, to implicitly state my reason for an extension is I am aiming for common-law status.

 

[Leon]

The table at the top is for Quebec. You have to scroll down to table #4.