Conjugal Partner

[suuza]

Hi !

Me and my Canadian boyfriend have met each other while I was a student in Japan, and have been there together for only two months. After that my student visa expired and I had to come back to my Country. It's now a year past from the date when we started our relationship, and we are wondering if he can sponsor me for immigration visa through a conjugal partner family class sponsorship.
He is now back in Canada again , but before that, he came here to visit me and my family about four months ago. He even asked my father for my hand in marriage and brought a ring for me , but unfortunately my father didn't approve our marriage due to religious matters and refused the ring. In the country where I live unmarried girls can not marry unless they have their fathers permission no matter how old they are ! and again due to religious matters and according to my country law, we can not live together here in a common-law relationship!
Can anyone please help us ?

Can he sponsor me through conjugal partner visa?
Or I have to apply for temporary resident visa before applying for this one ?

 

[computergeek]

If you require a TRV to visit Canada, then yes, you would probably want to have a refusal of one before trying for the conjugal class - otherwise the visa officer might argue that you should have come to Canada and married here. Of the three sponsorship classes, conjugal is probably the most difficult to convince a visa office to accept - it requires serious impediments, such as you have listed. You must be able to convince them the relationship is genuine and there is a substantial attachment between the two of you.

Based upon what you have described, it seems you are quite close. That he spent four months in your country and asked to marry you but was rebuffed due to religious reasons is exactly the type of evidence required. However, you must be able to document this - how will you show the visa officer that your father refused the proposal. You will also need a legal opinion from someone indicating that what you have said is the law. If it is very clear in law, perhaps just a copy of the law is enough. Otherwise, you would want to have an attorney write such a letter.

Because conjugal relationships are unusual, it would be best if your boyfriend were to find an attorney in Canada familiar with conjugal applications and work with her or him to put together your conjugal case.

Good luck!

 

[AnaMaria]

As Computergeek said, conjugal relationship is hard to convince the immigration officers. You only spent two months + with him. Develop and gather a looooot of evidence before applying for PR. Good luck!

 

[suuza]

If you require a TRV to visit Canada, then yes, you would probably want to have a refusal of one before trying for the conjugal class - otherwise the visa officer might argue that you should have come to Canada and married here. Of the three sponsorship classes, conjugal is probably the most difficult to convince a visa office to accept - it requires serious impediments, such as you have listed. You must be able to convince them the relationship is genuine and there is a substantial attachment between the two of you.

Based upon what you have described, it seems you are quite close. That he spent four months in your country and asked to marry you but was rebuffed due to religious reasons is exactly the type of evidence required. However, you must be able to document this - how will you show the visa officer that your father refused the proposal. You will also need a legal opinion from someone indicating that what you have said is the law. If it is very clear in law, perhaps just a copy of the law is enough. Otherwise, you would want to have an attorney write such a letter.

Because conjugal relationships are unusual, it would be best if your boyfriend were to find an attorney in Canada familiar with conjugal applications and work with her or him to put together your conjugal case.

Good luck!

Thank you very much for the answers and your help.

But as I said he was here for 15 days four months AGO ! Because he can not stay here more than that due to visa restrictions for foreigners in my country unless he has a good reason to convince them that he needs to stay and get his visa extended up to one month! (another 15 days ) But "staying with my girlfriend" or even, "just visiting" is not a good reason here !!
And I didn't apply for temporary visa to Canada because I was pretty sure that in my case it will get rejected. I have no house , husband, or even serious job to bind me to my own country, and the person that I will be visiting in Canada is my boyfriend, I can't really convince them that I will come back.
Do I have to have an attorney to write and sign a letter for me on this case too ?

 

[AnaMaria]

It is unfortunate for you and for him that he cannot stay long in your country but it is positive evidence for your conjugal case. The same for your visitor visa to Canada. You will likely be denied the visa. That is unfortunate but this denial is positive evidence that common-law is not an option for you and your boyfriend. That's why you should apply for a visa. These personal difficulty getting together is positive evidence to that conjugal is the only way. You need to gather evidence of your genuine relationship and evidence of common-law (living together for 12 months) and marriage are not your option.

It is probably not an easy way to pursue. I don't know if any way you and your boyfriend can convince your father for marriage. No matter what have faith in you. Good luck.

 

[computergeek]

But as I said he was here for 15 days four months AGO ! Because he can not stay here more than that due to visa restrictions for foreigners in my country unless he has a good reason to convince them that he needs to stay and get his visa extended up to one month! (another 15 days ) But "staying with my girlfriend" or even, "just visiting" is not a good reason here !!

Ah, my apologies. I mis-read your comment. While I understand this is very difficult for you personally, it does help bolster your case for a conjugal application. A key here will be to document all of this so that there is corroboration of your arguments - copies of the relevant law, copies of visa denials, etc. While you do sound like a potential conjugal class, this is a VERY difficult type of application to get approved. If there is a marriage it is fairly easy for a visa officer to confirm. If a couple have lived together for a year, this is a bit more work for a visa officer, but is not that difficult to prove. But conjugal means you have to convince a visa officer that this is a genuine relationship and is only not able to move forward because of legal obstacles. There is quite a lot of subjective judgement here, and I certainly do not want to see your application fail.

And I didn't apply for temporary visa to Canada because I was pretty sure that in my case it will get rejected. I have no house , husband, or even serious job to bind me to my own country, and the person that I will be visiting in Canada is my boyfriend, I can't really convince them that I will come back.

Oh, I agree - you are likely to be refused a TRV. But that's important evidence of why you have a legitimate conjugal relationship - you can't go visit him, he can only come visit you for 15 days. You've tried to marry, but your father refuses and that is the law in your country. I assume you are in regular contact - that's another important element. You view one another as being like a spouse, so that you are doing everything you can now to keep in contact, combine your lives and create mutual dependence upon one another.

Do I have to have an attorney to write and sign a letter for me on this case too ?

No, but you have to be able to clearly demonstrate the law is as you claim it to be. A copy of the law from a public source might be sufficient. But having an attorney attest to the state of the law and the fact that you cannot marry your boyfriend would certainly be one rather strong way of demonstrating this point.

You may find the following text from OP 2 "Processing Members of the Family Class" Section 5.25 useful in helping you understand why I am saying these things. This is the CIC manual on family class applications and 5.25 is specific material about evaluating conjugal sponsorship relationships:

Characteristics of conjugal relationships
The word “conjugal” is not defined in legislation; however, the factors that are used to determine
whether a couple is in a conjugal relationship are described in court decisions.
Marriage is a status-based relationship existing from the day the marriage is legally valid until it is
severed by death or divorce. A common-law relationship (and in the immigration context, a
conjugal partner relationship) is a fact-based relationship which exists from the day on which the
two individuals can reasonably demonstrate that the relationship meets the definition set out in the
Regulations. While this is a significant difference, there are many similarities in the two types of
relationships. This is because of the history of the recognition in law of common-law relationships
and their definition, which includes the word “conjugal.”

The term “conjugal” was originally used to describe marriage. Then, over the years, it was
expanded by various court decisions to describe “marriage-like” relationships, i.e., a man and a
woman in a common-law relationship. With the M. v. H. decision in 1999, the Supreme Court of
Canada further expanded the term to include same-sex common-law couples.

The word “conjugal” does not mean “sexual relations” alone. It signifies that there is a significant
degree of attachment between two partners. The word “conjugal” comes from two Latin words,
one meaning “join” and the other meaning “yoke,” thus, literally, the term means “joined together”
or “yoked together.”

In the M. v. H. decision, the Supreme Court adopts the list of factors that must be considered in
determining whether any two individuals are actually in a conjugal relationship from the decision of
the Ontario Court of Appeal in Moldowich v. Penttinen. They include:
• shared shelter (e.g., sleeping arrangements);
• sexual and personal behaviour (e.g., fidelity, commitment, feelings towards each other);
• services (e.g., conduct and habit with respect to the sharing of household chores)
• social activities (e.g., their attitude and conduct as a couple in the community and with their
families);
• economic support (e.g., financial arrangements, ownership of property);
• children (e.g., attitude and conduct concerning children)
• the societal perception of the two as a couple.

From the language used by the Supreme Court throughout M. v. H., it is clear that a conjugal
relationship is one of some permanence, where individuals are interdependent – financially,
socially, emotionally, and physically – where they share household and related responsibilities,
and where they have made a serious commitment to one another.

Based on this, the following characteristics should be present to some degree in all conjugal
relationships, married and unmarried:

• mutual commitment to a shared life;
• exclusive – cannot be in more than one conjugal relationship at a time;
• intimate – commitment to sexual exclusivity;
• interdependent – physically, emotionally, financially, socially;
• permanent – long-term, genuine and continuing relationship;
• present themselves as a couple;
• regarded by others as a couple;
• caring for children (if there are children).

People who are dating or who are thinking about marrying or living together and establishing a
common-law relationship are NOT yet in a conjugal relationship, nor are people who want to live
together to “try out” their relationship.

Persons in a conjugal relationship have made a significant commitment to one another. A married
couple makes the commitment publicly at a specific point in time via their marriage vows and
ceremony, and the marriage certificate and registration is a record of that commitment. In a
common-law or conjugal partner relationship, there is not necessarily a single point in time at
which a commitment is made, and there is no one legal document attesting to the commitment.

Instead, there is the passage of time together, the building of intimacy and emotional ties and the
accumulation of other types of evidence, such as naming one another as beneficiaries of
insurance policies or estates, joint ownership of possessions, joint decision-making with
consequences for one partner affecting the other, and financial support of one another (joint
expenses or sharing of income, etc. When taken together, these facts indicate that the couple has
come to a similar point as that of a married couple – there is significant commitment and mutual
interdependence in a monogamous relationship of some permanence.

Here is Section 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. Commonlaw
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.

For example, the foreign partner may be married but comes from a country where divorce is not
possible or the Canadian and partner may be in a same-sex relationship. In both cases, the
partners probably will not be able to obtain long-stay visas in order to live together in one
another’s country and meet the cohabitation requirement for common-law partners. Because the
other option – marriage – is not available to these couples, they are permanently separated. This
is unfair and discriminatory. The conjugal partner category provides the ability for a Canadian in
these circumstances to sponsor the foreign national partner. It is not intended to be used to avoid
the usual requirement to be a spouse or common-law partner before immigrating.

The conjugal partner category applies only to the family class and only to a foreign national
sponsored by a Canadian citizen or permanent resident living in Canada. This category does not
apply to the spouse or common-law partner in Canada class as the exception would not be
required in Canada.

Conjugal partners are exempt from meeting the LICO requirements and the excessive medical
demand criteria. There are no conditions attached to their permanent resident visas although
sponsorship is required. As members of the family class, their sponsor has appeal rights.

A conjugal partner is not a common-law partner under Canadian law until the one-year
cohabitation requirement has been met. Applicants should be counselled that they and their
partner will not be considered to be in a common-law relationship for purposes of other federal
benefits and obligations until they have lived together in Canada in a conjugal relationship for at
least one year. The applicant’s Confirmation of Permanent Residence form will not indicate their
marital status as “conjugal partner” since this relationship is not legally recognized in Canada
beyond the IRPA.

Note: A Canadian citizen residing abroad may sponsor a conjugal partner provided that the sponsor and
applicant will be residing together in Canada when the applicant becomes a permanent resident
[R130(2)]. The situations in which this could occur would be rare.

Note that they use the term "rare" - that is why I am advising caution here. This type of application is unusual and we all want you to be successful.
And finally Section 5.47 "Assessment of conjugal partner relationships":

A foreign national who wants to immigrate as the conjugal partner of a sponsor must provide
evidence that the two have maintained a conjugal relationship for at least one year (see
Assessment of conjugal relationships, Section 5.26 above). The couple must provide evidence
that they are in a committed and mutually interdependent relationship of some permanence and
have combined their affairs to the extent possible. People who are dating or who are thinking
about marrying or living together and establishing a common-law relationship are NOT in a
conjugal relationship, nor are people who want to live together to “try out” their relationship.

A conjugal relationship is a “marriage-like” relationship; persons in a conjugal relationship have
made a commitment similar to the commitment made through marriage. A married couple makes
their commitment publicly at a specific point in time via their marriage vows and ceremony, and
the marriage certificate and registration are records of that commitment. In a common-law or
conjugal partner relationship, there is not necessarily a single point in time at which a commitment
is made, and there is no one legal document attesting to the commitment. Instead, there must be
the passage of time together, the building of intimacy and emotional ties and the accumulation of
other types of evidence, such as naming one another as beneficiaries of insurance policies or
estates, joint ownership of possessions, joint decision-making with consequences for one partner
affecting the other, and financial support of one another (joint expenses or the sharing of income,
etc.). When taken together, these facts indicate that the couple has come to a similar point as that
of a married couple – there is significant commitment and mutual interdependence in a
monogamous relationship of some permanence.

In general, people who have made the level of commitment expected in a conjugal relationship
would normally marry or live together. If a foreign national could have married their Canadian
sponsor or lived with them, and chose not to do so, then it is questionable whether they have the
significant degree of commitment characteristic of a conjugal relationship.

The conjugal-partner applicant should explain why they have not been able to live continuously
with their sponsor for at least one year. In most cases, there will be an immigration impediment to
continuous cohabitation (e.g., inability to obtain long-stay visas for one another’s country). Noncohabitation
for purely personal or economic reasons (i.e., did not want to give up a job or studies)
does not normally qualify as a sufficient impediment, but should be assessed on a case-by-case
basis. Applicants should be able to provide evidence that they have seriously considered living
together as common-law partners. For example, they might have explored options for living
together in one another’s country, such as work or study permits, how their occupational skills and
qualifications would be recognized in their partner’s country, visitor visas, long-term visitor status,
etc.

Officers should also inquire whether the couple is planning to marry. If they are planning to marry,
then they are fiancés and may not have established a conjugal relationship. Officers should
explain that there is no fiancé(e) category in Canada’s immigration legislation, and that the foreign
national fiancé(e) must be married to their Canadian sponsor and apply to immigrate as a married
spouse.

Note: The requirement under the spousal category to be married before immigrating likely would not
apply to people in same-sex relationships who are planning to marry, because there are very few
jurisdictions where they can get married before coming to Canada. They may apply as commonlaw
or conjugal partners, provided they meet the requirements.

Couples may say that they want to live together for a while before they get married, but cannot
qualify as common-law partners because they cannot arrange their affairs to meet the
cohabitation requirement. It is not the purpose of the conjugal-partner category to allow couples to
“try out” their relationship by living together before they get married. Such individuals are not yet in
a conjugal relationship and thus are not conjugal partners. Persons in a conjugal relationship have
already made a significant commitment and intend to be together for a significant time or even
permanently.

Although the intention of the conjugal-partner category is to accommodate those few Canadians
with foreign partners who can neither marry nor live together, inability to marry cannot be an
absolute requirement, since this could have the effect of “forcing” those couples to marry who may
have chosen not to do so. Persons who have established and maintained a conjugal relationship
for one year and who do not intend to marry might be conjugal partners if they have been unable
to cohabit because of an immigration impediment or other serious barrier. The key to determining
whether an individual is a conjugal partner is whether they are in a conjugal relationship with their
sponsor and whether there is a compelling barrier to continuous cohabitation.

Without continuous cohabitation and the merging of households that takes place when a couple is
in a common-law relationship, conjugal-partner relationships are more challenging to assess than
common-law relationships. The following table provides some additional elements to consider
when assessing such relationships.

Factor	Details
Length of time relationship has existed	Because a conjugal relationship means interdependency, mutual commitment and exclusivity, such a relationship is not established immediately when two people meet or when they start to date or even necessarily when they begin a sexual relationship. A conjugal relationship builds over a period of time. Officers must assess the facts of each case individually; however, in general terms, most conjugal partners will likely have known one another for more than one year.
Amount of time spent together	How many times and for how long at a stretch have the two been together? Evidence may take the form of airline tickets, receipts from vacations, visas, passports, leave forms from work etc.
Reasons why couple has been unable to cohabit continuously for one year	The applicant should be able to explain why they have not been able to cohabit continuously for one year. For example, there may be legal impediments to a common country of residence. The partners might not have been able to obtain long-stay visas or immigrant visas for one another’s countries. If they could have lived together, but chose not to, then it is reasonable for the officer to question whether the relationship is a conjugal relationship.
Evidence showing how the long- distance relationship has been maintained	The volume, regularity and style of the communication between partners should be considered, e.g., long distance calls and other communication, e-mails, letters, recognition of each other’s significant events, family functions, etc.
Evidence of efforts to live in the same country	Airline tickets, visas, work permits, study permits, visa denials, denials of recognition of credentials.

It is important to note that not all the financial, social, physical and emotional factors listed in
Section 5.26 above are requirements of any conjugal relationship. They are elements that may be
present in varying degrees and not all are necessary for any relationship to be of a conjugal
nature. For example, a Canadian and their conjugal partner may not have been able to merge
their affairs financially in the same way as a couple living together—for example, they might not
yet have joint bank accounts or credit cards, etc. What officers should look for is evidence that the
partners have begun to merge their affairs to the extent they can, given that they live in different
countries.

(emphasis added)

Hopefully this makes it clearer on why I was making the various suggestions I did. You can find the complete manual on the CIC website.

Good luck.

 

[Erina]

Hi !

Me and my Canadian boyfriend have met each other while I was a student in Japan, and have been there together for only two months. After that my student visa expired and I had to come back to my Country. It's now a year past from the date when we started our relationship, and we are wondering if he can sponsor me for immigration visa through a conjugal partner family class sponsorship.
He is now back in Canada again , but before that, he came here to visit me and my family about four months ago. He even asked my father for my hand in marriage and brought a ring for me , but unfortunately my father didn't approve our marriage due to religious matters and refused the ring. In the country where I live unmarried girls can not marry unless they have their fathers permission no matter how old they are ! and again due to religious matters and according to my country law, we can not live together here in a common-law relationship!
Can anyone please help us ?

Can he sponsor me through conjugal partner visa?
Or I have to apply for temporary resident visa before applying for this one ?

Dear Suuza,

It's really pleasing that I finally see I'm not the only person. I have the exact same problem. My partner also didn't apply for a tourist visa, because we were 99.9% sure he'll be rejected (he's a citizen of Iran). But guess what, I applied for a sponsorship. My step 1 was approved In June and now we're waiting for the second step. The thing is I'm very much worried as I've also read such feedbacks on how tricky and risky it is to get approved under conjugal partnership, but yet I have my faith and hope .


And it's extremely funny!!!!!!!!!!!!! They say to apply for a visitor visa first and wait for a refusal letter just to prove that there was an immigration barrier!!!!! (it's brighter than the Sun they'd refuse the visa, CIC knows it, we know it, Canadian embassies know it, and we still have to do it??? On the other hand they say noooo do not apply for visitor visa, because once you get rejected, CIC would be suspicious when reviewing your application for a Permanent Residence..... I don't get it! I mean Canada please come up with a convincing rule! It's against human rights me and my partner just wanna live together. That's all. Please, please, please Canada, try to understand.

But let me know whether you have applied already or not.

 

[suuza]

Thank you for your response .
now that you mention it I have to say that I'm from Iran too !
and , I'm kinda worried about the same thing , if we don't apply for TRV they gonna ask :"what is your visa barrier"
and if we apply and get rejected, they gonna get hard and suspicious ...
I just want to start my life with my partner, he has prepared everything and is just waiting for me, days are passing but I'm stuck here.
even for TRV , now , with the new embassy situation I don't know how to pay for application fees !!!
I'm in a situation now that even can't apply for a TRV...

Would you please tell me what your partner is going to do about his TRV ?
And , what did you do that you got approval on your first step ? what was your problem that made it impossible to marry in Iran?
sorry if it seems like I'm kinda nosy, but since that our case looks so similar I would be more than grateful to have help from some one who got approval on the first step ...

thank you very much

 

[Erina]

Thank you for your response .
now that you mention it I have to say that I'm from Iran too !
and , I'm kinda worried about the same thing , if we don't apply for TRV they gonna ask :"what is your visa barrier"
and if we apply and get rejected, they gonna get hard and suspicious ...
I just want to start my life with my partner, he has prepared everything and is just waiting for me, days are passing but I'm stuck here.
even for TRV , now , with the new embassy situation I don't know how to pay for application fees !!!
I'm in a situation now that even can't apply for a TRV...

Would you please tell me what your partner is going to do about his TRV ?
And , what did you do that you got approval on your first step ? what was your problem that made it impossible to marry in Iran?
sorry if it seems like I'm kinda nosy, but since that our case looks so similar I would be more than grateful to have help from some one who got approval on the first step ...

thank you very much

I had the same issue. Needed fathers permission nd didnt get his attention. We didnt do anything for tourism visa, never applied for it. I was sure he will not be granted a visa whatsoever. It used to take 3 months to process tvr, i dunno whether its the same now or not. So we didnt apply for it as we knew the result would be a waste of time. I talked to a lawyer nd he said our chances are high. I submitted as much as proof I could to specify our genuine relationship and dependence. He is an artist nd so couldnt apply under skilled worker nd we had proof of his education and work experience to declare that. (art is not within their job list for skilled worker class). My advice is dont apply under conjugal until u have more than enough proof of a marriage like relationship.

 

[lonely2011]

If you apply for visitor's visa do not lye, tell them you wanna come to Canada to marry your partner and they will refuse you for sure
and they cannot hold that against you

 

[suuza]

you said he is an Artist , you mean like painter ? designer ? cause I'm studying languages (which is under the Arts category. I have graduated recently from Tehran University in Japanese literature ) is that in the list of skilled worker ? all I have done here with my Japanese are part time jobs as translator or some self employed book translating and researches.

you said you never applied for TRV, is that okay ? can he get conjugal partner visa without a rejection on TRV ?!

and one more thing ;when you said that it's better if I apply only when I have more than enough proof of a marriage like relationship ? what can I do for that when I'm not living with him ? I've lived with him only for 2 -3 months and all I have are pictures, evidence of same address for that period of time , our passport and visa to Japan , his visa to Iran and the print of his ticket to here, I have sent him many presents and received many letters from him , should I submit them as well ? will they come back to me (cause they are very precious for me ) ... right now we are speaking every day and night on skype , and use viber to talk on phone , so my telephone bills doesn't show any history of oversea calls but for once in 2 or 3 months. though I have the print of our skype chat from the beginning (more than 2000 word pages)+ emails but I don't know if they can help.

I've also applied to continue my studies in the Uni of Toronto but I got rejected (trying to apply again this year)

did he translated and notarized any Iranian laws to submit ? like the law that says no "one can marry unless they have their Fathers permission"?
how did he get statutory declarations ? from your friends ? family ? did he notarized the declaration letters in Iran ? cause notarizing any kind of relationship but marriage in here is impossible and right now I'm trying to gather that part of evidence from my friends in Japan and Poland and of course his mother in Canada.

I'm so sorry if I ask and talk too much , but I need a lot of information on this and knowing that there is some one else who has the same problem and is managing to solve it is very encouraging.

 

[Erina]

you said he is an Artist , you mean like painter ? designer ? cause I'm studying languages (which is under the Arts category. I have graduated recently from Tehran University in Japanese literature ) is that in the list of skilled worker ? all I have done here with my Japanese are part time jobs as translator or some self employed book translating and researches.

He works in film industry. I'm sure TEACHER used to be in their job lists, so that could be a language teacher for you? But this information I have is for probably two years ago and they continously update their list, so you must check with CIC. And I think you need a high score in IELTS before applying under skilled worker category.

you said you never applied for TRV, is that okay ? can he get conjugal partner visa without a rejection on TRV ?!

I can't really say. It depends on the officer to decide on that. But in our case, especially with the whole conflict between Iran and Canada, it's likely they might not expect that of us as it's pretty obvious a single young man whose plan is to visit his partner, will be definitely refused for a TRV. If he was, for example a German citizen then yes they'd reject our application.

and one more thing ;when you said that it's better if I apply only when I have more than enough proof of a marriage like relationship ? what can I do for that when I'm not living with him ? I've lived with him only for 2 -3 months and all I have are pictures, evidence of same address for that period of time , our passport and visa to Japan , his visa to Iran and the print of his ticket to here, I have sent him many presents and received many letters from him , should I submit them as well ? will they come back to me (cause they are very precious for me ) ... right now we are speaking every day and night on skype , and use viber to talk on phone , so my telephone bills doesn't show any history of oversea calls but for once in 2 or 3 months. though I have the print of our skype chat from the beginning (more than 2000 word pages)+ emails but I don't know if they can help.

Yes. You must submit EVERYTHING to prove your ongoing relationship. Conjugal Sponsorship Class is for people who are not able to live together, so in your case, it's absolutely OK that you have not live together. Otherwise you must have applied as Common- Law Partnership. So basically you must submit all letters, e-mails, perhaps a copy of the duration of your conversation on Skype and Viber, Facebook, reference letters from family and friends, photos, your trip to Japan, and as much as proof... Also I'd recommand a letter, like a love story. You may write about the details of your relationship, how you met, your social activities, why you cannot get married, how hard it's that you two are away, and so on. I don't know if you can get your documents back. They don't usually do it. But if you ask for it they might help you with that.


did he translated and notarized any Iranian laws to submit ? like the law that says no "one can marry unless they have their Fathers permission"?
how did he get statutory declarations ? from your friends ? family ? did he notarized the declaration letters in Iran ? cause notarizing any kind of relationship but marriage in here is impossible and right now I'm trying to gather that part of evidence from my friends in Japan and Poland and of course his mother in Canada.

No my lawyer didn't do that. He basically mentioned in a cover letter that based on rule number xxxx of Shia law, etc, etc, etc...
You can off course gather every document yourself. But if you can afford it, talk to a lawyer first, he/ she might be a better help as Conjugal Partnership isn't an easy case to go with. But please keep me posted on whatever update

 

[Erina]

I visited my partner 3 times in 1 year in Iran. And each time I stayed for about 2-3 months + we travelled to Europe together. I've also included these proofs. Also we both work in Film industry, so it kind of matches our application + he's only 3 years older than me. So these kind of things DO matter for the officer who is in charge of your case. They want to know if you two share common interest and stuff. From what I understood your partner isn't Iranian, right? So if there is religious matters too, like if he's Christian and you're Muslim, then it strengths your case.

 

[suuza]

well my partner is Canadian , and he is christian. and I've been borne a Muslim...
and as you know marriage between a Muslim and a non Muslim is forbidden and EVEN IF HE CONVERTS, my parents wont approve that !!!!

as for the age and our interests, we are both 25 (he is 4 months older than me) I study Japanese literature , while he studies Japanese history, (we were in the same dorm there for a whole semester and summer vacations ) but we started our relationship in summer.

we have been to a trip together there in Japan (from Tokyo to Kyoto ) but I didn't save the evidence like bus tickets from that trip. I didn't know I'm going to need them by that time , we have only pictures from that trip (which was our only trip together) it happened about a year ago.
I hope pictures can help ...
any how

Thank you very much for your help dear Erina!
I will surly inform you of our application process here as soon as I submit
Good Luck

 

[canadianwoman]

I have sent him many presents and received many letters from him , should I submit them as well ? will they come back to me (cause they are very precious for me ) ... right now we are speaking every day and night on skype , and use viber to talk on phone , so my telephone bills doesn't show any history of oversea calls but for once in 2 or 3 months. though I have the print of our skype chat from the beginning (more than 2000 word pages)+ emails but I don't know if they can help.

Definitely send proof of the presents and letters. Photos of the gifts and receipts if he kept them; photocopies of the letters. They do not always send things back, so send photocopies for things you don't want to lose.
It is definitely best to use some sort of phone method that gives you proof of the calls. You can get a record of Skype calls, though, so that part is OK.