Hi, I am PR in Canada and my girlfriend is in Jamacia where same-sex marriage is illegal. We have been together for six years, including one year as a long-distance couple. Prior to immigrating to Canada, I lived with my partner for 11 months. Also, we shared household responsibilities and are committed to each other. Can I sponsor her as a Conjugal partner or Common-law partner?
Conjugal Partner?
- Thread starter AIRD
- Start date
Not common law as you didn't reside together more than 12months.
Conjugal: she should apply for and get refused for visa to Canada. (Obviously if approved she comes to Canada and you marry ). That way you have estabilished the barrier to marrying.
You would possibly both find 9t much easier to find a jurisdiction in which to get married.
hello. if you have proof that you have all this time together. and explaining why they have a long-distance relationship. they can approve sponsorship for your partner. My best wishes to you and your partner.
This is not really correct - there are legal definitions that must be met for sponsorship of a spouse - marriage or common law.
Conjugal has a similar test: there is a barrier to becoming spouse of the applicant. Usually this means both inability to marry (for some legal reason), AND an immigration barrier to becoming common law or marital partners.
The most common scenarios are eg same-sex partners, one partner in a country that does not recognise same-sex marriage, and refused a visa to enter Canada (or easily accessible other country) to marry; OR divorced partner from a country that does not recognise divorce (and alternatives not practical) AND ... the visa refusal.
There might be cases where something is approved that doesn't quite meet these tests but exceptional. A 20-year relationship that doesn't meet the legal tests or conjugal tests ... doesn't count for the purposes of immigration.