Conjugal Sponsorship Same sex

[Sarah0018]

Hi! My girlfriend and I (same sex) have been together for more than 2 years. I am a permanent resident in Canada for almost 5 years now. My girlfriend is from the Philippines and is married but separated from her husband since 2012. Her husband is currently residing in the US up to this day. Annulment is a lengthy and excruciating process in the Philippines and there is no divorce.

I am planning to sponsor my girlfriend under conjugal sponsorship. I did some research and from what i understand we fall on the category of conjugal partnership. My question is, what are the chance of success if we push this application? She’s married, her marriage failed 7 years ago, her husband is not residing from where she is, same sex relationship is not allowed in the Philippines. Would that all be enough to prove there is a barrier from her coming to Canada?

When it comes to proving the genuineness of our relationship, I believe we have solid proof. Conversations, letters, joint bank account, phone call history/records, remittances slip, pictures of me with her family, picture of her with my family, picture of us together, my airline tickets I went to the Philippines a couple of times to be with her, my closeness to her 2 kids (conversation with them as well), gifts from her, gifts from me, making her one of my beneficiaries on my health card, travel/itinerary receipts with both of our names on it, statutory declarations from both of our families.

I hope someone can answer my concern if our chances are slim or not coz we really wanna push the application. Thanks!

 

[k.h.p.]

Has she tried to apply for a TRV to come to Canada? Without applying and being rejected you have no immigration barrier. You need an immigration barrier.

 

[Sarah0018]

So if she applies for TRV and get rejected, that would be a valid proof that there is a barrier?

I thought not being able to divorce is a strong proof that there is a barrier considering there is no divorce in the Philippines. Plus same sex isnt allowed in PH

 

[Sarah0018]

Has she tried to apply for a TRV to come to Canada? Without applying and being rejected you have no immigration barrier. You need an immigration barrier.

What if she applies for TRV and gets rejected because she didnt qualify or meet the requirements such as clear medical exam or enough funds to support herself in Canada, would that be a proof there is a barrier?

 

[k.h.p.]

You don't normally get sent for a medical on a TRV application.

And it's not a what if. If she hasn't been denied a TRV (visitor visa) to Canada, there is no immigration barrier. You must try.

 

[Sarah0018]

You don't normally get sent for a medical on a TRV application.

And it's not a what if. If she hasn't been denied a TRV (visitor visa) to Canada, there is no immigration barrier. You must try.

Thanks for your reply. Its all clear to us now. I already suggested her to apply for a TRV next month. If ever she gets denied for whatever reason, the denied TRV is essential for us to push the conjugal sponsorship, right? Again thank you for replying to my concerns.

 

[k.h.p.]

Without a denied TRV, you cannot claim an immigration barrier.

 

[Sarah0018]

Without a denied TRV, you cannot claim an immigration barrier.

Okay thank you!

 

[Kyoto]

What are the chances that we get approve even if we are not legally "out" to our families? We both came from a very conservative families.

 

[canuck78]

What are the chances that we get approve even if we are not legally "out" to our families? We both came from a very conservative families.

Won’t be an issue as long as you have proof that you qualify for conjugal and proof that you are in a longterm serious relationship.. Have you been denied a TRV? I would explain in your application that you are not out to your family because they are very conservative and sounds like sadly would not be supportive. You can also clarify why you are not open about your relationship on social media if that is the case. Would provide prooof of relationship from friends if no family is supportive. Unfortunately your case is not uncommon.

 

[Kyoto]

Won’t be an issue as long as you have proof that you qualify for conjugal and proof that you are in a longterm serious relationship.. Have you been denied a TRV? I would explain in your application that you are not out to your family because they are very conservative and sounds like sadly would not be supportive. You can also clarify why you are not open about your relationship on social media if that is the case. Would provide prooof of relationship from friends if no family is supportive. Unfortunately your case is not uncommon.

I had TRV previously and my TRV expired last year in September. Right now, I am applying again for TRV with pending conjugal application. I am afraid that we might get denied because of the reason our relationship is very private. By the way, do you have an idea how long does eligibility review take?

 

[armoured]

I had TRV previously and my TRV expired last year in September. Right now, I am applying again for TRV with pending conjugal application. I am afraid that we might get denied because of the reason our relationship is very private. By the way, do you have an idea how long does eligibility review take?

If you've had trv, there's a possibility you will get denied on the basis that you simply could have travelled to Canada and got married.

 

[Kyoto]

My TRV application is approved May 9, 2022!

 

[armoured]

My TRV application is approved May 9, 2022!

Congratulations. Now important: I do NOT know not how IRCC will proceed and treat your file. They have some basis to respond that you've had and now have a TRV and can decide whether to get married or not.

Your 'easiest' route is to go to Canada and get married. And then: either update IRCC with information that you got married and request that they treat your conjugal application as a married one, which you applied believing you had no other route to apply. (Actually it was a mistake on your part)

You might also try to put this request in through MP.

If they refuse the app and/or you cannot get any response (including through MP), be ready to apply again.

Repeat, I do not know offhand whether other conjugal have had success in proceeding this way.

[Note I'm leaving out of this the option of residing together for 12 months and then applying common law as will just take longer]

 

[Jaise]

My TRV application is approved May 9, 2022!

Are you applied through ircc portal?
Inland or Outland?
Which country?