conjugal partner

[kefert]

me and my partner want to apply for conjugal partner category because same sex marriage is not permitted in the Philippines. How many percent is the chances for approval?thanks

 

[vinz]

Hi
me n my partner applied for conjugal partner too. I just had my visa last week. Actually, I can't tell you how much percentage of chance you will approved but on how you proved to the embassy how credible is your relationship.

I'd like to know the ff:
1. How long you been together?
2. Did you live together when he visited you in your country?
3. Are you open your relationship with your family and friends?
4. Did you live like a marriage like status?

I can give you inputs with regards to your application because I gone through this process too.

Goodluck!

 

[vinz]

The Court listed seven characteristics of a conjugal relationship. These are:

SHELTER:
(a) Did the parties live under the same roof?
(b) What were the sleeping arrangements?
(c) Did anyone else occupy or share the available accommodation?

SEXUAL AND PERSONAL BEHAVIOUR:
(a) Did the parties have sexual relations? If not, why not?
(b) Did they maintain an attitude of fidelity to each other?
(c) What were their feelings toward each other?
(d) Did they communicate on a personal level?
(e) Did they eat their meals together?
(f) What, if anything, did they do to assist each other with problems or during illness?
(g) Did they buy gifts for each other on special occasions?

SERVICES:
What was the conduct and habit of the parties in relation to:
(a) preparation of meals,
(b) Washing and mending clothes,
(c) Shopping,
(d) Household maintenance,
(e) Any other domestic services?

SOCIAL:
(a) Did they participate together or separately in neighbourhood and community activities? (Whether the partners share time together or participate in leisure activity together)
- Whether they have relationships or interaction with each other's respective family (What was the relationship and conduct of each of them towards members of their respective families and how did such families behave towards the parties?)

SOCIETAL:
What was the attitude and conduct of the community towards each of them and as a couple?

SUPPORT: (ECONOMIC):
(a) What were the financial arrangements between the parties regarding the provision of or contribution towards the necessaries of life (food, clothing, shelter, recreation, etc.)?
(b) What were the arrangements concerning the acquisition and ownership of property?
(c) Was there any special financial arrangement between them which both agreed would be determinant of their overall relationship?

CHILDREN:
What was the attitude and conduct of the parties concerning children?

In listing these criteria, the Court confirms that they are not exhaustive, and that the weight accorded to each may vary depending on the circumstances in each case. The Court emphasizes that the approach employed in determining whether a claimed relationship is conjugal ought to be flexible.

Former Appeal Division member Anita Boscariol in the decision of McCullough and the Minister of Citizenship and Immigration added the following characteristics, which I adopt and which Member Boscariol suggested to be implicit in the term "conjugal relationship":

• the partners have the capacity to, and consent freely to the relationship;

• a marriage between the claimed conjugal partners would not fall within the prohibited degrees of consanguinity under the Marriage (Prohibited Degrees) Act,18 and thus would not be incestuous;

• the conjugal relationship is exclusive and monogamous; and

• the relationship is more than a precursor, or plan, to share a conjugal relationship in future

 

[RobsLuv]

The conjugal partner category was created for couples who cannot marry but who also cannot co-habitate (live together for at least one year to qualify as common-law partners) due to immigration barriers or fear of persecution. Basically, if you can demonstrate that you cannot marry because same-sex marriage is prohibited in the foreign national's country AND the foreign national has been refused permission to enter Canada to marry here, you have a case for qualification as common-law partners. The conjugal partner category waives the requirement of cohabitation and qualifies the partners as common-law . . . although they will not be considered common-law in Canada for other federal benefits until they have cohabitated for a year.

The information posted in the previous post details the types of evidences you should submit with the permanent residence application in support of your qualification as conjugal partners. And you must demonstrate that you have been in a conjugal partnership for a period of at least one year.

 

[kefert]

To qualify as common-law partners, a couple must have cohabitated in a conjugal relationship continuously for at least one year. when was that one year start? is it the time we had are relationship? or the first time we met? we been together since feb 2008. we live together during her visit here but we cannot live continuously for one year because of her job in canada. i cannot easily visit here on the other hand because i cannot easily get visitor visa. our relationship is known to our families and friends...at first it is hard for them to accept us but slowly hey did. all that you have mention @ vinz did exist in our relationship. i have withdraw my immigrant application as federal worker because we are planning to apply in a family class conjugal relationship category since same sex marriage is not permitted in our country of birth.

 

[BeShoo]

when was that one year start? is it the time we had are relationship? or the first time we met? we been together since feb 2008.

Nobody is likely to believe that your conjugal partnership started on the first day you met or the first day you had sexual relations. Here is part of the definition from an appeals case:

- First, it is an exclusive emotional relationship between two consenting adults.

- It is a relationship with an indefinite term, but that is expected to continue as long as the relationship is exclusive and both parties have affection for and trust each other with the expressed goal of making the relationship last and having it be as permanent as possible.

The conjugal relationship started on the day you made the commitment to be together permanently, and your relationship became exclusive and monogamous. It's not believable that this commitment happened on the first day you met.

Long-distance conjugal partnerships happen gradually over time since there is probably not a specific date and time when you made a formal commitment equal to a marriage ceremony, but you should determine what date you can choose that you took some action that shows that your relationship was finally long-term and continuing.

 

[kefert]

what letter of proof do we need to send? what should be the body of the letter? thanks...do we still need testimonials from our relatives and friends to shows that our relationship is genuine and continuous? thanks

 

[vinz]

what letter of proof do we need to send? what should be the body of the letter? thanks...do we still need testimonials from our relatives and friends to shows that our relationship is genuine and continuous? thanks

yes, it really helps. pictures of you and your partner together with you family and friends when she visited here.

 

[khuda22]

Hi all! Me and my partner applied last Nov 4, 2009 and until now we are still waiting for a positive decision. I also in the Philippines , we met online on January of 2008 and gradually we built our relationship into a marriage like , committed and continuing.We met twice In the entire 2.5 years of our relationship. I did apply for a tourist visa thrice, but not fortunate enough to be granted. After we met in HK our feelings were truly validated and decided to apply for conjugal sponsorship. Now we are on our 6 months of this exhausting battle and praying that this shall come to an end. Our families and friends knew our relationship and we are very open to everyone. Here are the proofs we provided to the embassy:

1) pictures of our chat thru skype; all our pictures with her family/ friends vise versa most recent was last feb 2010 when she visited me
2) chat logs, YM., skype, emails,chikka, pics of our gifts to each other
3) money remittances from 2008-2010, her exorbitant phone bills, pasaload.biz pasaloads ( tipid idd & regular loads ) she's sending me
4) testimonies from my mom, her 's and my best friend
5) docs from manulife that I am her beneficiary
6) supplementary credit card transactions ( my credit/ debit card is linked to hers, where i get my allowance every 2 weeks )
7) condo contract under our names where we stayed during her last visit
8) travel together boarding pass, plane tickets , even bus tickets, receipts dinner/ lunch, shopping, movie passes
9) each of us prepared an essay ( 7 pages ) explaining how we met from day 1 and our feelings towards each other
10) we submitted another essay last March 2010, for the development of our relationship for them to see that our relationship is continuing
11) pictures of home appliances she bought for my mom as a gift last christmas
12) letter of her sister to me. stating that I am very welcome to their family and eager to see me in Canada
13) Facebook print screen that we are in a relationship for social networking
14 ) cards I sent her family, gifts to her mom/ father, niece, nephew and sister
15 ) 3 refusal letter I got from manila embassy when I applied TRV ( this is to stress out that we do have an immigration barrier )
16 ) we already paid all the fees needed upfront, done with my medical which will expire on sept same with NBI, cenomar and my birth certificate

I forgot the other but we had tons of pictures actually even intimate pictures in bed, and when we were doing our 2nd essay for additional proofs. I hope this would help you, even little things might help for as long as it's significant and part of your journey together. Hhhhhhhhhaaaaaayyyyyyyy I feel that it's more than enough for them to see how much we are committed to each other. But I am willing to undergo an interview just to show them our commitment to each other. I'd like to acknowledge Robsluv inputs and advices to me and her point of views. You are always ever ready to help each and every one's battle. My spirit was lifted when she said that I have a strong case, the only thing we have to do is prove them that the relationship is not for convenience ( which is definitely not ). God knows our intentions are pure, we just want to live a normal life and start anew in an open minded and multicultural country.

I hope every one gets DM the soonest!

 

[iarblue]

I dont know how easy it would be for you to be together,but i seen in another forum quite a while ago that a same sex couple that had parents and friends that accepted it had a big function (kinda like a reception) and exchanged rings,even though there was no church or no certificate because it was not allowed in their country of birth ,they did their own ceremony exchanged vows and rings.
And even if you could find a minister that would give his blessing.And have letters from as many people as you can have that were present.
In some countries it is not recgonized and you cant get a marriage certificate,a priest or minister who has no problem in blessing the union can still do so.
Does this make sense,i just read it before and thought it was a great way that they went about it to prove their love for eachother.