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Conjugal Sponsorship dilemma

Jordan17

Member
Mar 5, 2019
11
0
Your belief is incorrect in law.

You can qualify for a conjugal sponsorship only if you cannot get married (you can, you're living in the same country, and you just don't want to) and the other person cannot travel to Canada.

You can qualify for a common-law sponsorship only if you have cohabited at the same address for a period of at least one year and can prove it. (you cannot, living across the street from each other does not count)

Since you do not qualify for conjugal, nor common-law, your only option if you want to sponsor your spouse is marriage.

There are other things you can do, like attempt to get your partner a travel visa to Canada, have her enter there and live without work for six months with you at the same address, apply for a tourist visa extension for another six months, and demonstrate common-law status in Canada. But that requires her to get a TRV and live with you in Canada without working. She could qualify for economic immigration and apply, and it would take a few months to a year to get it if she qualifies.

But you cannot sponsor a non-spouse without qualifying for conjugal partnerships or common-law partnerships.

It's illegal to marry just for a visa. But it's the law to require that you meet one of the categories to qualify for spousal sponsorship. It's ridiculous to think that you would qualify for spousal sponsorship if you are not spouses in the eye of the law.

Thanks again for your response. Though it is disheartening, I was hoping there would be some wiggle room for our situation. Unfortunately there's no way we can survive in Canada without working for a year (would be pretty boring as well) plus add on another year for the application. So that's 2 years stuck in a place without working. I guess marriage really is the only option.
 

k.h.p.

VIP Member
Mar 1, 2019
8,801
2,250
Canada
Thanks again for your response. Though it is disheartening, I was hoping there would be some wiggle room for our situation. Unfortunately there's no way we can survive in Canada without working for a year (would be pretty boring as well) plus add on another year for the application. So that's 2 years stuck in a place without working. I guess marriage really is the only option.
There's no wiggle room. Spousal sponsorship is about spouses which is about marriage.

To go back to your statement that "common law and conjugal have nothing to do with marriage," they have everything to do with marriage. Common-law marriage is marriage. Conjugal relationships are where you cannot legally be married. They are alternatives to marriage but they substitute for marriage. Spousal sponsorship is for marriage. If you want to sponsor a spouse, you need to be a spouse.

If you don't to sponsor this person as a spouse, then you need to have them apply for a different way to get to Canada.
 

Mar1219

Star Member
Oct 31, 2018
161
34
Thanks again for your response. Though it is disheartening, I was hoping there would be some wiggle room for our situation. Unfortunately there's no way we can survive in Canada without working for a year (would be pretty boring as well) plus add on another year for the application. So that's 2 years stuck in a place without working. I guess marriage really is the only option.
With all due respect to you and your girlfriend, remember that when you sponsor someone as your spouse or common law partner, you sign a 3 year undertaking meaning you are financially responsible for them. In my humble opinion, if you are not 100% sure that the person you are sponsoring is going to be the person you share your life with forever, what’s the point of sponsorsing them? Sponsorship isn’t something to take lightly and while you may not believe in marriage it should be something you consider if you want to be together with her forever in Canada. And if I may ask, if you want to be together forever what’s so terrible about marriage? Just food for thought for you. No harmful intentions here. Good luck with everything.
 

girlhounds

Star Member
Nov 25, 2017
169
11
DUBAI
Visa Office......
LVO
App. Filed.......
Apr 19 2018
Interview........
Pre arrival Apr 26, 2019
Passport Req..
soon
VISA ISSUED...
soon
LANDED..........
soon
Unfortunately you're likely to get rejected since you do not qualify for conjugal sponsorship, which is why everyone here is telling the OP to just get married. You do not qualify for conjugal as there is no immigration barrier, and you do not qualify for common-law as you are not cohabitating.
got pre arrival.... by the way... thank you for your very kind words....
 

girlhounds

Star Member
Nov 25, 2017
169
11
DUBAI
Visa Office......
LVO
App. Filed.......
Apr 19 2018
Interview........
Pre arrival Apr 26, 2019
Passport Req..
soon
VISA ISSUED...
soon
LANDED..........
soon
Thanks everyone for your replies.

Every is saying "just get married". I really cannot believe this is the only solution. Not everyone believes in marriage, nor is it a requirement for most other sponsorship applications. Common-Law for example has nothing to do with marriage, nor does conjugal sponsorship.
I cannot believe a country would force a couple to get married just to apply for a visa, as I believe doing so is illegal.
buddy we are on a same boat..so dont lose hope !!! I got pre-arrival and eligibility passed!
 

annjo

Star Member
Oct 18, 2017
103
26
Category........
FAM
Visa Office......
Manila Visa Office
App. Filed.......
July 8, 2019
Doc's Request.
Sept 16, 2019
AOR Received.
Sept 5, 2019
File Transfer...
Sept 19
Med's Request
Sept 13
Med's Done....
Oct 03
Just have a question my application for conjugal is in process right now. Here’s my case:
I’m permanent resident in Canada single and the applicant in Philippines was married but separated from wife long time ago. We’ve been in conjugal since 2015 and he tried applying TRV but refused twice. We provide the refusal letter as proof for immigration barrier. PSA on certificate of Marriage and Advisory on Marriage so we can’t live as common law and we can’t get married since there’s no divorce in Philippines. With annulment that they’re asking he consulted the advice of lawyer and provided an opinion letter to CIC plus the fact that it would be costly to file annulment with him earning minimum wage. We did provide all the above docs including letter from friends and a joint property, call logs and emails, insurance with him as beneficiary, birth certificate of our son born in Canada, remittances. I can’t think of anything that we can provide them. I just got lost right now of what else they need.

I got a PFL and were asking to provide more evidence on conjugal relationship.
Here’s the part of the letter:

You have not sufficiently demonstrated that you meet the requirements of the conjugal partner immigration category. There is insufficient documentary evidence on file to show that you and your sponsor are unable to apply under the spousal or common-law categories because of exceptional circumstances. You and your sponsor have not established that there is an immigration barrier to cohabitation. You have not demonstrated that you have exhausted all avenues to have your marriage annulled. This raises concerns whether you and your sponsor have the significant degree of commitmentcharacteristic of a conjugal relationship.

Just wondering if you can help me if this is only a clarification or they just need an explanation of our case.

TIA
 

scylla

VIP Member
Jun 8, 2010
95,882
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Just have a question my application for conjugal is in process right now. Here’s my case:
I’m permanent resident in Canada single and the applicant in Philippines was married but separated from wife long time ago. We’ve been in conjugal since 2015 and he tried applying TRV but refused twice. We provide the refusal letter as proof for immigration barrier. PSA on certificate of Marriage and Advisory on Marriage so we can’t live as common law and we can’t get married since there’s no divorce in Philippines. With annulment that they’re asking he consulted the advice of lawyer and provided an opinion letter to CIC plus the fact that it would be costly to file annulment with him earning minimum wage. We did provide all the above docs including letter from friends and a joint property, call logs and emails, insurance with him as beneficiary, birth certificate of our son born in Canada, remittances. I can’t think of anything that we can provide them. I just got lost right now of what else they need.

I got a PFL and were asking to provide more evidence on conjugal relationship.
Here’s the part of the letter:

You have not sufficiently demonstrated that you meet the requirements of the conjugal partner immigration category. There is insufficient documentary evidence on file to show that you and your sponsor are unable to apply under the spousal or common-law categories because of exceptional circumstances. You and your sponsor have not established that there is an immigration barrier to cohabitation. You have not demonstrated that you have exhausted all avenues to have your marriage annulled. This raises concerns whether you and your sponsor have the significant degree of commitmentcharacteristic of a conjugal relationship.

Just wondering if you can help me if this is only a clarification or they just need an explanation of our case.

TIA
Are you originally from the Philippines?
 

annjo

Star Member
Oct 18, 2017
103
26
Category........
FAM
Visa Office......
Manila Visa Office
App. Filed.......
July 8, 2019
Doc's Request.
Sept 16, 2019
AOR Received.
Sept 5, 2019
File Transfer...
Sept 19
Med's Request
Sept 13
Med's Done....
Oct 03
Yes both of us are from the Philippines.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Just have a question my application for conjugal is in process right now. Here’s my case:
I’m permanent resident in Canada single and the applicant in Philippines was married but separated from wife long time ago. We’ve been in conjugal since 2015 and he tried applying TRV but refused twice. We provide the refusal letter as proof for immigration barrier. PSA on certificate of Marriage and Advisory on Marriage so we can’t live as common law and we can’t get married since there’s no divorce in Philippines. With annulment that they’re asking he consulted the advice of lawyer and provided an opinion letter to CIC plus the fact that it would be costly to file annulment with him earning minimum wage. We did provide all the above docs including letter from friends and a joint property, call logs and emails, insurance with him as beneficiary, birth certificate of our son born in Canada, remittances. I can’t think of anything that we can provide them. I just got lost right now of what else they need.

I got a PFL and were asking to provide more evidence on conjugal relationship.
Here’s the part of the letter:

You have not sufficiently demonstrated that you meet the requirements of the conjugal partner immigration category. There is insufficient documentary evidence on file to show that you and your sponsor are unable to apply under the spousal or common-law categories because of exceptional circumstances. You and your sponsor have not established that there is an immigration barrier to cohabitation. You have not demonstrated that you have exhausted all avenues to have your marriage annulled. This raises concerns whether you and your sponsor have the significant degree of commitmentcharacteristic of a conjugal relationship.

Just wondering if you can help me if this is only a clarification or they just need an explanation of our case.

TIA
Cite the law against adultery in the Philippines that prevents you from cohabiting in that country and the TRV refusals that prevent you from cohabiting in Canada.

As for the annulment, get another legal opinion regarding the cost and processing time and that it would keep separated for too long.
 

annjo

Star Member
Oct 18, 2017
103
26
Category........
FAM
Visa Office......
Manila Visa Office
App. Filed.......
July 8, 2019
Doc's Request.
Sept 16, 2019
AOR Received.
Sept 5, 2019
File Transfer...
Sept 19
Med's Request
Sept 13
Med's Done....
Oct 03
Cite the law against adultery in the Philippines that prevents you from cohabiting in that country and the TRV refusals that prevent you from cohabiting in Canada.

As for the annulment, get another legal opinion regarding the cost and processing time and that it would keep separated for too long.
Thank you. I guess i will resend the opinion letter regarding the adultery and concubinage that we also got from the lawyer aside from the opinion letter regarding annulment. You’re right I’ll get another opinion letter from lawyer a more detailed that would show the processing and cost.
 

annjo

Star Member
Oct 18, 2017
103
26
Category........
FAM
Visa Office......
Manila Visa Office
App. Filed.......
July 8, 2019
Doc's Request.
Sept 16, 2019
AOR Received.
Sept 5, 2019
File Transfer...
Sept 19
Med's Request
Sept 13
Med's Done....
Oct 03
Cite the law against adultery in the Philippines that prevents you from cohabiting in that country and the TRV refusals that prevent you from cohabiting in Canada.

As for the annulment, get another legal opinion regarding the cost and processing time and that it would keep separated for too long.
By the way do i need to send still all the rest of our requirements submitted like phone calls, remittances, emails, pics together, letter from friends or do i just have to stick with what they were requesting from PFL. TIA
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
By the way do i need to send still all the rest of our requirements submitted like phone calls, remittances, emails, pics together, letter from friends or do i just have to stick with what they were requesting from PFL. TIA
Only submit what is needed to respond to the PFL.
 

annjo

Star Member
Oct 18, 2017
103
26
Category........
FAM
Visa Office......
Manila Visa Office
App. Filed.......
July 8, 2019
Doc's Request.
Sept 16, 2019
AOR Received.
Sept 5, 2019
File Transfer...
Sept 19
Med's Request
Sept 13
Med's Done....
Oct 03

Sahara18

Full Member
Jun 25, 2021
24
3
Hi Jordan, Im wondering if you were able to push the application? If so? How does it go? We were on the same page. And we did applied for conjugal yet we got a PFL recently. As to their point there is no barrier for marriage. We are on the same as we dont wanna forcely do it for the sake of getting PR and as to the situation in Uae it is illegal to cohabit under wedlock.