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Conjugal Sponsorship (Same Sex)

sainthubert

Newbie
Nov 23, 2014
7
1
Hi All,

I need your inputs and insights about this. I am in a same sex relationship, I have a relationship with my partner for 7 years now but we are not living together in one house, she lives in Manila and I lived in the Province. We do have joint accounts, travel together, photos together with family anf friends and other docs that will justify that we have a genuine relationship. As you know, same sex marriage in the philippines is not allowed. On the end of September, I will be migrating to Canada under Provincial Nominee Program. I'm thinking if i can sponsor her after a year? Can we qualify as Conjugal Partners? Thanks in Advance! You're help is highly appreciated! :)
 
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ChellyCat

Hero Member
Jan 8, 2015
274
14
Mississauga, ON
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
04-Feb-2015
Doc's Request.
30-July-2015 (Proof of sponsor's Canadian residence)
AOR Received.
06-April-2015
Med's Done....
27-April-2015
Passport Req..
IP: August 6. DM: Sept 26
VISA ISSUED...
25-Sept-2015
LANDED..........
05-Oct-2015
Unfortunately you won't be able to. The requirements of being a sponsor state that you have to have been a Canadian PR for at least 5 years. You can read the full eligibility criteria at CIC's website here: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp
 

scylla

VIP Member
Jun 8, 2010
95,944
22,184
Toronto
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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
ChellyCat said:
Unfortunately you won't be able to. The requirements of being a sponsor state that you have to have been a Canadian PR for at least 5 years.
No such requirement exists.
 

Sheps

Hero Member
Apr 29, 2014
336
16
Winnipeg, MB
Category........
Visa Office......
CPC-M/CPC-O
Job Offer........
Pre-Assessed..
App. Filed.......
13-02-2015
Doc's Request.
UPFRONT
Nomination.....
(Wife)
AOR Received.
08-04-2014
Med's Request
Upfront
Med's Done....
06-01-2015
Interview........
WAIVED
Passport Req..
WAIVED
VISA ISSUED...
14-07-2015
LANDED..........
18-07-2015
The 5 year ban only applies to PR's who were sponsored as a spouse, have divorced/separated from their sponsor and wish to sponsor someone else.

It sounds like the poster became a PR through other means (could you clarify that however?) So the ban would not apply.
 

Boudz

Star Member
Apr 29, 2013
109
9
Calgary
Category........
Visa Office......
Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
26-11-2014
Doc's Request.
30-09-2015
AOR Received.
06-02-2015
Med's Request
7-03-2016
Med's Done....
9-03-2016
Interview........
12-05-2016
One of the many great things about Canada is that they see same sex relationships as equal to heterosexual relationships. My wife’s cousin is a Canadian citizen (born) and was able to sponsor his American husband. They are both now happily living in Canada. They were legally married in the USA if that helps. Would you be able to get officially married in Canada or any country that recognizes same-sex marriage?
 

sainthubert

Newbie
Nov 23, 2014
7
1
I am not sure if that applies to us since we're both foreign national (filipino) if we get married in the US, most likely we will apply for a tourist visa
 

Caribou

Star Member
Feb 20, 2013
192
10
British Columbia
Job Offer........
Pre-Assessed..
sainthubert said:
I am not sure if that applies to us since we're both foreign national (filipino) if we get married in the US, most likely we will apply for a tourist visa
If your partner can travel to Canada and both of you can get married in Canada, conjugal is hard to prove. If your partner had multiple rejection to tourist visa, then yes it sounds that conjugal has chance.

Same for me, I can't legally marry my same sex partner in my passport holding country, so I went through PR process, became PR first. Then, got married in Canada right after and sponsoring my partner under spousal category with Canadian marriage certificate.

Just get married in Canada!
 

Alurra71

VIP Member
Oct 5, 2012
3,238
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
sainthubert said:
Hi All,

I need your inputs and insights about this. I am in a same sex relationship, I have a relationship with my partner for 7 years now but we are not living together in one house, she lives in Manila and I lived in the Province. We do have joint accounts, travel together, photos together with family anf friends and other docs that will justify that we have a genuine relationship. As you know, same sex marriage in the philippines is not allowed. On the end of September, I will be migrating to Canada under Provincial Nominee Program. I'm thinking if i can sponsor her after a year? Can we qualify as Conjugal Partners? Thanks in Advance! You're help is highly appreciated! :)
If you have not yet come to Canada as a PR and are only filling out the paperwork, include your conjugal partner in your current application. Although you can't get married in the Phillipines, you have extensive proof that you are both in a committed relationship. Include her as your 'common law' partner and include all the proofs that you have for your relationship. That would help you to not have to sponsor her later and you can both come to Canada together. CIC is aware of the fact that you can't get married or live 'common law' in the Phillipines thus the conjugal category. But as I said, I see no reason why she can't be included in your initial PR application now.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Alurra71 said:
If you have not yet come to Canada as a PR and are only filling out the paperwork, include your conjugal partner in your current application. Although you can't get married in the Phillipines, you have extensive proof that you are both in a committed relationship. Include her as your 'common law' partner and include all the proofs that you have for your relationship. That would help you to not have to sponsor her later and you can both come to Canada together. CIC is aware of the fact that you can't get married or live 'common law' in the Phillipines thus the conjugal category. But as I said, I see no reason why she can't be included in your initial PR application now.
Conjugal is a category given only for spousal sponsorship. It is not an option given for economic immigration applications.
 

Caribou

Star Member
Feb 20, 2013
192
10
British Columbia
Job Offer........
Pre-Assessed..
canuck_in_uk said:
Conjugal is a category given only for spousal sponsorship. It is not an option given for economic immigration applications.
exactly!
It's gotta be spouse or common law. IMM0008 does not list "conjugal" as one of family description.

Again, if your partner can "visit" you in Canada and get married, then you can file your federal as "married" since Canadian law allows same-sex partner.

HOWEVER, no matter how long you have dated someone or lived with someone, not to put same-sex relationship down or anything, relationship can always fall through, and it's gonna be jeopardizing YOUR PR application timeline if relationship falls apart between you too. I've seen it in straight couple where husband wanted to pull wife's name off the PR file in the midst of process and used that in power game in relationship.
Again, I'm not saying bad things about your relationship, but I also waited until my PR was done in case my long-distance relationship falls apart JUST in case. We're happily married now and I got married within 1 year from the date I became PR. (And, we're fully open to our families as well)
 

Panamai

Hero Member
Oct 3, 2013
495
30
Kingston, Ontario
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FAM
Visa Office......
Ottawa
App. Filed.......
29-01-2015
AOR Received.
28-03-2015
File Transfer...
31-03-2015
Med's Request
upfront
Med's Done....
16-01-2015
Interview........
waived
Passport Req..
DM 05-11-2015
VISA ISSUED...
17-11-2015
LANDED..........
23-11-2015
Alurra71 said:
If you have not yet come to Canada as a PR and are only filling out the paperwork, include your conjugal partner in your current application. Although you can't get married in the Phillipines, you have extensive proof that you are both in a committed relationship. Include her as your 'common law' partner and include all the proofs that you have for your relationship. That would help you to not have to sponsor her later and you can both come to Canada together. CIC is aware of the fact that you can't get married or live 'common law' in the Phillipines thus the conjugal category. But as I said, I see no reason why she can't be included in your initial PR application now.
You can't claim them as a "common-law partner" unless you have lived together, in the same household, for one year or more.
 

sainthubert

Newbie
Nov 23, 2014
7
1
Hi All,

Thanks for the inputs. I just have my VISA and I'm thinking we are fit in a conjugal sponsorship.
However, we do sleepovers when we travel together, but we haven't live together in one house for a continuously 1 year, this because we have responsibilities in each others family and plus the fact that my father does not accept me as a lesbian that's why.. we'll be trying to apply for a TRV early next year and let's see if CIC will give us the opportunity to be together..
 

sainthubert

Newbie
Nov 23, 2014
7
1
I am not married nor in a common law, so I am not qualify to include her in my application. Probably I can sponsor her as conjugal later on.. or hopefully we can get married in Canada if CIC will grant her a VISA.. :)