Conjugal Sponsorship Without Inability to marry

[zzJehy]

Hello,
Okay so here is the situation.

I have an American girlfriend and we have been dating for over 4 years, 3 of which were long distance (We met online, and she was in a southern state). Twelve months ago she moved to a border town so that it would put us within driving distance of each other, since I already live near the US border. We visit one another 2/3 days every week and have kept a Calendar log of days spent in each country.

We are in a committed relationship and have been the whole time. I noticed there is the conjugal relationship class of sponsorship, and I am wondering if this would work in our situation. Common law isn't an option since she doesn't have any student visa or any reason to stay here long term. We're pretty young 19 and 20 and the concept of being married is daunting, and there would be no way for our families to get together for a proper ceremony at this time with the distance barrier.

The line that stuck out to me on the website under conjugal was as follows:
"the inability to marry cannot be an absolute requirement, since this could have the effect of "forcing" those couples to marry who may have chosen not to"

We have plenty of supporting documents, including pictures, phone records, our calendar of days spent in each country, and people that would verify our relationship legitimacy.

A couple other circumstances and questions around our immigration:

My work history consists of steady part time work for over a year up until a few days ago where I switched to a full time job with a new company need I wait until I've been there for some time until we fill out and submit our papers? If so how long?

Neither of us have High School Diplomas, both were homeschooled and there's not much official documentation around it, I have references from two past part time jobs. And she has good 1yr+ at the same job full time work history as well. Does this have any negative impact on things?

As of now she lives in the USA in a Travel Trailer in my name at a RV park. Provided that she was approved to come to Canada: We would bring the trailer back into Canada, and into an RV park here, I would move out from my parents and into this trailer with her. Any reason they would have a problem with this arrangement?

As things are, should we try conjugal sponsorship? We haven't started the immigration side of things up to this point because of how intimidating the paperwork was. And I wasn't sure if everything was at a point of eligibility yet.

I really appreciate anyone who takes the time to read and help out here, It means a lot if anyone gets us closer to finally getting things going.

Thanks,
Jason

 

[cbego318]

You can’t sponsor her, there’s no immigration barrier to not marry her. You have to marry her or live together in a marry-like relationship for a year to be consider Common-law

 

[Copingwithlife]

....and don't forget about importing that RV Trailer from the USA into Canada

 

[21Goose]

No, you don't qualify under the conjugal route. You are choosing not to get married, you don't have an inability to get married. While the inability to get married is not an absolute requirement, it is a very high bar to cross.

You are simply saying you don't feel like getting married, nothing else stands in your way.

To be considered a conjugal partner, you need to be

1. In a Conjugal Relationship
2. Prove that there is a compelling barrier to continuous cohabitation.

You don't meet either 1 or 2. You're not in a conjugal relationship, and there is simply no bar to continuous cohabitation. As a US and Canadian citizen couple, there are many ways for you to spend time with each other for long periods of time.

You will either have to get married, or meet the requirements of common-law partnership.

 

[zzJehy]

No, you don't qualify under the conjugal route. You are choosing not to get married, you don't have an inability to get married. While the inability to get married is not an absolute requirement, it is a very high bar to cross.

You are simply saying you don't feel like getting married, nothing else stands in your way.

To be considered a conjugal partner, you need to be

1. In a Conjugal Relationship
2. Prove that there is a compelling barrier to continuous cohabitation.

You don't meet either 1 or 2. You're not in a conjugal relationship, and there is simply no bar to continuous cohabitation. As a US and Canadian citizen couple, there are many ways for you to spend time with each other for long periods of time.

You will either have to get married, or meet the requirements of common-law partnership.

When reading on the link below, it says this
"Although the intention of the conjugal partner category is to accommodate Canadians and permanent residents with foreign partners who can neither marry nor live together, the inability to marry cannot be an absolute requirement, since this could have the effect of “forcing” those couples to marry who may have chosen not to. Persons who have established and maintained a conjugal relationship for one year and who do not intend to marry might be conjugal partners if they have been unable to cohabit because of an immigration impediment or other serious barrier. The key to determining whether an individual is a conjugal partner is whether they are in a conjugal relationship with their sponsor and whether there is a compelling barrier to continuous cohabitation."
They do make it sound like you can simply choose not to marry? We defiantly have an immigration barrier.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-conjugal.html

 

[cbego318]

When reading on the link below, it says this
"Although the intention of the conjugal partner category is to accommodate Canadians and permanent residents with foreign partners who can neither marry nor live together, the inability to marry cannot be an absolute requirement, since this could have the effect of “forcing” those couples to marry who may have chosen not to. Persons who have established and maintained a conjugal relationship for one year and who do not intend to marry might be conjugal partners if they have been unable to cohabit because of an immigration impediment or other serious barrier. The key to determining whether an individual is a conjugal partner is whether they are in a conjugal relationship with their sponsor and whether there is a compelling barrier to continuous cohabitation."
They do make it sound like you can simply choose not to marry? We defiantly have an immigration barrier.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-conjugal.html

“Persons who have established and maintained a conjugal relationship for one year and who do not intend to marry might be conjugal partners if they have been unable to cohabit because of an immigration impediment or other serious barrier.”

 

[Copingwithlife]

When reading on the link below, it says this
"Although the intention of the conjugal partner category is to accommodate Canadians and permanent residents with foreign partners who can neither marry nor live together, the inability to marry cannot be an absolute requirement, since this could have the effect of “forcing” those couples to marry who may have chosen not to. Persons who have established and maintained a conjugal relationship for one year and who do not intend to marry might be conjugal partners if they have been unable to cohabit because of an immigration impediment or other serious barrier. The key to determining whether an individual is a conjugal partner is whether they are in a conjugal relationship with their sponsor and whether there is a compelling barrier to continuous cohabitation."
They do make it sound like you can simply choose not to marry? We defiantly have an immigration barrier.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-conjugal.html

She comes into Canada , as an American she should get six months , you apply to extend another six months reason being for common law purpose and apply for PR to make the one year common law requirements. All along keeping precise records of your relationship for the application, otherwise you get married and choose to do a inland or Outland application.

 

[21Goose]

When reading on the link below, it says this
"Although the intention of the conjugal partner category is to accommodate Canadians and permanent residents with foreign partners who can neither marry nor live together, the inability to marry cannot be an absolute requirement, since this could have the effect of “forcing” those couples to marry who may have chosen not to. Persons who have established and maintained a conjugal relationship for one year and who do not intend to marry might be conjugal partners if they have been unable to cohabit because of an immigration impediment or other serious barrier. The key to determining whether an individual is a conjugal partner is whether they are in a conjugal relationship with their sponsor and whether there is a compelling barrier to continuous cohabitation."
They do make it sound like you can simply choose not to?
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-conjugal.html

No, it doesn't work like that. Read the whole paragraph. It continues:

Persons who have established and maintained a conjugal relationship for one year and who do not intend to marry might be conjugal partners if they have been unable to cohabit because of an immigration impediment or other serious barrier.

What is your immigration impediment or other serious barrier? You have many routes to live in the US, she has many routes to live in Canada. Canada and the US are very easy to move between if you're a citizen of either.

Conjugal partner category is not easy to qualify for even where people have far more serious reasons preventing them from getting married.

You can live together for six months continuously - she comes to Canada for six months, then you move to the US for six months. Or one of you stays for six months, and extends the visa, or makes a short trip across the border. And you will become common-law partners. Or else you get married - again, there's absolutely nothing stopping you getting married except that you don't want to.

 

[Copingwithlife]

Seems you’re intent on the conjugal route
Go ahead , it’ll be refused , and you’ll be back to square one

 

[zzJehy]

Alright, fair enough, thank-you. So say we go the spousal sponsorship route. We get married where her family lives. My employment history and current work situation: Is that adequate? Or do I need to wait until I've worked my new full time job for a certain amount of time

 

[21Goose]

Alright, fair enough, thank-you. So say we go the spousal sponsorship route. We get married where her family lives. My employment history and current work situation: Is that adequate?

There is no income requirement to sponsor a spouse. You will only have to show that you have enough income to meet your and her basic needs without going on welfare.

As long as your current job pays you at least minimum wage (which it must, of course), you will qualify. You don't need to wait, or show a bank balance, or anything like that. Putting the application together will take a few weeks so you can attach your most recent paystub along with your offer of employment as an additional attachment.

Read all about it here -https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

 

[21Goose]

Remember that you will have to sign a three-year undertaking where you promise to repay any public funds your wife uses. This undertaking will be enforced even if you get divorced and then she goes on welfare. You will be responsible for her public debt.

Just an FYI in case you weren't aware. You're really young so keep this in mind.

 

[zzJehy]

Ok thanks, How long would it be between when she is authorized to move here and when she can begin working?

 

[21Goose]

Ok thanks, How long would it be between when she is authorized to move here and when she can begin working?

If she is in Canada when you apply, you can do an inland sponsorship. This will make her eligible for a work permit in ~4 months from the date of applying.

If she is not in Canada, you will need to wait for the process to complete. This takes roughly a year, though it can be less than that.

There's lots of information on Spousal Sponsorship on the forums - read through that, read the guide, you'll get a good idea of how it works.

 

[zzJehy]

If she is not in Canada, you will need to wait for the process to complete. This takes roughly a year, though it can be less than that.

So if we did it that way, we could continue life as usual with our weekly visits and then in a year she could move here and begin working right away?