Conjugal Relationship

[cdrc]

Hello!

So, my girlfriend and I who have been dating for nearly a year and a half would like to move in together. We've discussed marriage, but we're both 19 and we both want to at least be 20 before we get married. Living together isn't something we want to "try out", we do want to get married. We just feel we're perhaps a little too young, so we've decided to wait.

However, we still want to live together. I am a US citizen, and she lives in Ontario, Canada. I was wondering if we would be considered as a conjugal relationship. Both of our families are aware of our relationship and in support, and she would sponsor me, but I just want to know if we'd be eligible for this under the title of conjugal partners.

We desperately want to be together, but we want to get another year or two under our belts before we get married.

Thank you for your help!

 

[canuck78]

There are no immigration barriers preventing you both from being together so definitely don't qualify under conjugal

 

[cdrc]

There are no immigration barriers preventing you both from being together so definitely don't qualify under conjugal

What's considered an immigration barrier?

 

[cdrc]

There are no immigration barriers preventing you both from being together so definitely don't qualify under conjugal

On the CIC site, it lists immigration barrier as an example of reasons that would keep you from living together. My girlfriend has serious medical conditions that keep her from traveling and moving too much, most of the time even from her own bed or home. Would that not be considered a barrier beyond her control? She even has surgeons and other doctors vouching for this.

 

[canuck78]

On the CIC site, it lists immigration barrier as an example of reasons that would keep you from living together. My girlfriend has serious medical conditions that keep her from traveling and moving too much, most of the time even from her own bed or home. Would that not be considered a barrier beyond her control? She even has surgeons and other doctors vouching for this.

More of legal/cultural barriers like divorce is not allowed in certain countries, gay marriage isn't allowed in certain countries, etc Those are some examples.

 

[canuck78]

On the CIC site, it lists immigration barrier as an example of reasons that would keep you from living together. My girlfriend has serious medical conditions that keep her from traveling and moving too much, most of the time even from her own bed or home. Would that not be considered a barrier beyond her control? She even has surgeons and other doctors vouching for this.

You an easily enter Canada from the US without a visa so definitely no immigration barrier. If you gf is unable to support herself that may become an issue when it comes to spousal sponsorship. You will both have to prove that you can support yourselves without government aid although you can be receiving disability. Marriage may effect her benefits if she is receiving some. If your gf is chronically ill or disabled you will have to figure out how becoming common law or getting married may effect the coverage she receives from her parents. That may be a reason not to live together or get married quite yet.

 

[cdrc]

You an easily enter Canada from the US without a visa so definitely no immigration barrier. If you gf is unable to support herself that may become an issue when it comes to spousal sponsorship. You will both have to prove that you can support yourselves without government aid although you can be receiving disability. Marriage may effect her benefits if she is receiving some. If your gf is chronically ill or disabled you will have to figure out how becoming common law or getting married may effect the coverage she receives from her parents. That may be a reason not to live together or get married quite yet.

She receives disability. She was approved before she turned 18 and it started kicking in on her birthday, so she's not covered by her parents. I'm also a college student and receiving help to pay for that from my family, so we're not really entirely worried about money. Would her disability be considered as a barrier? If so, what other options might we have for being together, or will we have to wait for marriage?

 

[canuck78]

She receives disability. She was approved before she turned 18 and it started kicking in on her birthday, so she's not covered by her parents. I'm also a college student and receiving help to pay for that from my family, so we're not really entirely worried about money. Would her disability be considered as a barrier? If so, what other options might we have for being together, or will we have to wait for marriage?

Her disability is not considered a barrier. What is important is that you show that you will not become dependent on the government, Your application will receive extra scrutiny based on the fact that she receives disability. Given your young age and that you are in school also creates concern about the ability to support yourselves. You can apply to come to Canada as a visitor and the apply to extend your visa which is usually possible if you say you are trying to make to 1 year to claim common law. You will be unable to work for that year. You could then apply for PR inland and apply for a work permit at the same time which would take 3-4 months.

 

[DollyM]

On the CIC site, it lists immigration barrier as an example of reasons that would keep you from living together. My girlfriend has serious medical conditions that keep her from traveling and moving too much, most of the time even from her own bed or home. Would that not be considered a barrier beyond her control? She even has surgeons and other doctors vouching for this.

An example of an immigration barrier would be that you cannot get married for religious reasons or you can't live together because it's illegal in your country. Having a girlfriend who is disabled is not an immigration barrier. There's no reason why the 2 of you cannot legally get married or live in each other's country. For example you could go to the US on a student visa and live with her there. Or she could study in Canada and you could live together there. You both have the option of living together in a third country, i.e. working holiday to Australia or New Zealand or the UK, or backpacking through Europe together.

 

[scylla]

She receives disability. She was approved before she turned 18 and it started kicking in on her birthday, so she's not covered by her parents. I'm also a college student and receiving help to pay for that from my family, so we're not really entirely worried about money. Would her disability be considered as a barrier? If so, what other options might we have for being together, or will we have to wait for marriage?

Others have given you very good advice. You have no immigration barriers to getting married or living together for a year to become common law. A conjugal application will fail. If she wants to sponsor you now, you'll need to get married.

Conjugal is also meant for people who are in a marriage like relationship (however it's impossible for them to get married). If you're not ready to get married yet - then I would suggest you're not quite ready yet for sponsorship either.

 

[cdrc]

Her disability is not considered a barrier. What is important is that you show that you will not become dependent on the government, Your application will receive extra scrutiny based on the fact that she receives disability. Given your young age and that you are in school also creates concern about the ability to support yourselves. You can apply to come to Canada as a visitor and the apply to extend your visa which is usually possible if you say you are trying to make to 1 year to claim common law. You will be unable to work for that year. You could then apply for PR inland and apply for a work permit at the same time which would take 3-4 months.

But how would I get inside Canada long enough to stay for a year? When they ask me at the border, don't they ask when I'll be planning to come back? Lying is out of the question, especially since I want to do everything the right way and I don't want anything prohibiting me from getting to stay with my girlfriend, but they're not going to let me in if I say that I'm planning on establishing Common Law. And if they stamp my passport with a date, that means I have to be out by that time. Unless I apply to stay longer, but again that will have an expiration date. Why would they, or what would I need to say, to allow them to let me stay long enough to establish Common Law or at least getting married?

 

[scylla]

But how would I get inside Canada long enough to stay for a year? When they ask me at the border, don't they ask when I'll be planning to come back? Lying is out of the question, especially since I want to do everything the right way and I don't want anything prohibiting me from getting to stay with my girlfriend, but they're not going to let me in if I say that I'm planning on establishing Common Law. And if they stamp my passport with a date, that means I have to be out by that time. Unless I apply to stay longer, but again that will have an expiration date. Why would they, or what would I need to say, to allow them to let me stay long enough to establish Common Law or at least getting married?

You would enter for six months as a visitor and then extend your stay for another six months to become common law. Note that you won't be able to work or attend school during this year - and also won't be covered by the Canadian health care system.

 

[cdrc]

You would enter for six months as a visitor and then extend your stay for another six months to become common law. Note that you won't be able to work or attend school during this year - and also won't be covered by the Canadian health care system.

I get that part, but I'm struggling with the steps necessary to get them to let me stay for the full 6 months, and then get that extended. They're not going to let me stay "just because" and if I give them any reason to think I won't return to America, they're not going to let me stay. I need to be there 100% legally. I intend to make Canada my home, I don't want to make any mistakes or do anything that could get me in trouble to the point where they wouldn't accept any permanent stays from me.

 

[YVR123]

I get that part, but I'm struggling with the steps necessary to get them to let me stay for the full 6 months, and then get that extended. They're not going to let me stay "just because" and if I give them any reason to think I won't return to America, they're not going to let me stay. I need to be there 100% legally. I intend to make Canada my home, I don't want to make any mistakes or do anything that could get me in trouble to the point where they wouldn't accept any permanent stays from me.

Getting visitor extension to become common law partner is relative common. As long as you stay as a visitor and not work nor study during that period of time, I don't see anything illegal.

 

[Rob_TO]

I intend to make Canada my home, .

Do NOT ever say this when trying to cross the border as a visitor. Without your PR status approved you are just a visitor when entering Canada, so your "home" must still be the US for the time being. You need to maintain an address in the US when you come to Canada as a visitor, have luggage suited to a visitor, available funds to support your stay, etc etc. Typically CBSA gives a rubber stamp 6-month status upon entry to US citizens as long as you look and act like a visitor.

Once in Canada, it's typically very easy to request and be granted a 6 or even 12 months status extension from IRCC directly (this is not CBSA).