Conjugal Sponsorship

[Ponga]

Hello All!

New member here but would like to get all your opinions on my status.

My partner and I are in a same-sex relationship. She is a Pakistani citizen and I am a dual national (Canada & Pakistan).
I currently reside in Canada and she resides in Pakistan.

We started interacting with each other in April 2021 over social media and Whatsapp. We both grew fond of each other and eventually traveled to UAE Dubai to meet each other in February 2022.
Our relationship has now been 1.5 years long.
I would like her to come live with me in Canada as a couple, because same-sex relationships are punishable by law in Pakistan and I do not want to take that risk as it may even be life threatening.
She spoke to a consultant once about applying for a temporary resident visa, to which the consultant responded that her visa would be denied looking at her profile ( not enough money in account, no working status etc).

We are going to meet each other again in February 2023 in Dubai.

I would like to know what would be our options that we can consider in order to get her to Canada. Am I able to apply as a Conjugal sponsorship or not?

Please help me with any information, I would really appreciate it.

Thank you!

One option would be to get married when you see her (if that's allowed in Dubai?), then apply to sponsor her with an Outland application.

If marriage is not of interest, she would have to find a way to come to Canada and then `reside' with you in Canada for at least 365 days, before you could then apply to sponsor her as your common law partner, via an Inland application. Because an Inland applicant doesn't seem to need to have legal status, although it's never an absolute guarantee. However...if she is allowed to come to Canada...it would be a long year for her, since she would not be eligible to work in Canada (but could work remotely for a person/company that is outside of Canada). She also may have difficulty obtaining health coverage, as well as many of the other things that people generally need to `live' (DL/ID card, for example).

Having said that, you can certainly apply for conjugal sponsorship, but just know that it [seems] to be a very difficult process for most; being that her country forbids same-sex relationships, may help your case...but by how much?

Conjugal sponsorships are general for those that face true immigration barriers. Since you could easily travel to Pakistan, because you are a dual citizen, at first glance it appears that you do not have an immigration barrier to be `together; the fact that same-sex relations in Pakistan are criminal (disgusting to even hear that) may be seen by IRCC as a true barrier.

Hopefully, other members, with much more info regarding your situation, will chime in to offer their opinions...which is really all that most of us here can offer.

Good luck!

 

[ZareenN]

Conjugal is best option. I did the same (from India).
Best,

Thank you, can I please have more details? Whats forms needed, what information needed. Can I bother you in DM for more information please?

 

[ZareenN]

One option would be to get married when you see her (if that's allowed in Dubai?), then apply to sponsor her with an Outland application.

If marriage is not of interest, she would have to find a way to come to Canada and then `reside' with you in Canada for at least 365 days, before you could then apply to sponsor her as your common law partner, via an Inland application. Because an Inland applicant doesn't seem to need to have legal status, although it's never an absolute guarantee. However...if she is allowed to come to Canada...it would be a long year for her, since she would not be eligible to work in Canada (but could work remotely for a person/company that is outside of Canada). She also may have difficulty obtaining health coverage, as well as many of the other things that people generally need to `live' (DL/ID card, for example).

Having said that, you can certainly apply for conjugal sponsorship, but just know that it [seems] to be a very difficult process for most; being that her country forbids same-sex relationships, may help your case...but by how much?

Conjugal sponsorships are general for those that face true immigration barriers. Since you could easily travel to Pakistan, because you are a dual citizen, at first glance it appears that you do not have an immigration barrier to be `together; the fact that same-sex relations in Pakistan are criminal (disgusting to even hear that) may be seen by IRCC as a true barrier.

Hopefully, other members, with much more info regarding your situation, will chime in to offer their opinions...which is really all that most of us here can offer.

Good luck!

unfortunately UAE also does not recognize same sex marriages

 

[Tintin and Snowy]

Thank you, can I please have more details? Whats forms needed, what information needed. Can I bother you in DM for more information please?

Sure. Please write me.

 

[YVR123]

Hello All!

New member here but would like to get all your opinions on my status.

My partner and I are in a same-sex relationship. She is a Pakistani citizen and I am a dual national (Canada & Pakistan).
I currently reside in Canada and she resides in Pakistan.

We started interacting with each other in April 2021 over social media and Whatsapp. We both grew fond of each other and eventually traveled to UAE Dubai to meet each other in February 2022.
Our relationship has now been 1.5 years long.
I would like her to come live with me in Canada as a couple, because same-sex relationships are punishable by law in Pakistan and I do not want to take that risk as it may even be life threatening.
She spoke to a consultant once about applying for a temporary resident visa, to which the consultant responded that her visa would be denied looking at her profile ( not enough money in account, no working status etc).

We are going to meet each other again in February 2023 in Dubai.

I would like to know what would be our options that we can consider in order to get her to Canada. Am I able to apply as a Conjugal sponsorship or not?

Please help me with any information, I would really appreciate it.

Thank you!

She needs to at least apply for TRV (visitor visa) to try to come to Canada. If that visa is refused, then she has the proof that she cannot come to Canada and there is a real immigration barrier for her to become common law or get married (in Canada) with you.

After that, then conjugal would be the next step.

 

[canuck78]

Hello All!

New member here but would like to get all your opinions on my status.

My partner and I are in a same-sex relationship. She is a Pakistani citizen and I am a dual national (Canada & Pakistan).
I currently reside in Canada and she resides in Pakistan.

We started interacting with each other in April 2021 over social media and Whatsapp. We both grew fond of each other and eventually traveled to UAE Dubai to meet each other in February 2022.
Our relationship has now been 1.5 years long.
I would like her to come live with me in Canada as a couple, because same-sex relationships are punishable by law in Pakistan and I do not want to take that risk as it may even be life threatening.
She spoke to a consultant once about applying for a temporary resident visa, to which the consultant responded that her visa would be denied looking at her profile ( not enough money in account, no working status etc).

We are going to meet each other again in February 2023 in Dubai.

I would like to know what would be our options that we can consider in order to get her to Canada. Am I able to apply as a Conjugal sponsorship or not?

Please help me with any information, I would really appreciate it.

Thank you!

As already mentioned she needs to try and get approved for a TRV. You should have at least one more in person meeting before applying for conjugal sponsorship but preferably a much longer time together in person. Over a month would be ideal. Have you looked at other possible destinations. Perhaps some place that is more affordable than UAE where you could spend a longer period together. If not possible would suggest you keep meeting during the sponsorship process and update your file whenever you are able to meet in person again.

 

[mahyjooon]

Hello everyone,

I have a peculiar situation that I wasn't able to find anywhere in this forum or on the web, so I'm asking it here.

I am applying for me and my partner and I am the main principal and in the stage of sending documents.
Even though we live together (outside Canada) he is still married to someone else and divorce is a very tough situation (can lead to harming family members and more). We have prof of text messages and pictures and even a lease under both our names.

I want to know if we can get accepted as a conjugal or common-in-law partner.

I'm applying for Quebec and I'm hoping they have the same law as the rest of Canada.

 

[Ponga]

Hello everyone,

I have a peculiar situation that I wasn't able to find anywhere in this forum or on the web, so I'm asking it here.

I am applying for me and my partner and I am the main principal and in the stage of sending documents.
Even though we live together (outside Canada) he is still married to someone else and divorce is a very tough situation (can lead to harming family members and more). We have prof of text messages and pictures and even a lease under both our names.

I want to know if we can get accepted as a conjugal or common-in-law partner.

I'm applying for Quebec and I'm hoping they have the same law as the rest of Canada.

Definitely not conjugal, since you are living together. Have you lived together for 365 consecutive days or more?

I believe the rules are different in Quebec, but please wait for others to comment.

 

[mahyjooon]

Definitely not conjugal, since you are living together. Have you lived together for 365 consecutive days or more?

I believe the rules are different in Quebec, but please wait for others to comment.

Thank you for your reply, yes we've been living together for more than a year and we have a rent agreement for that, but he is still married.

I have also been told something else: that if common-in-law is not recognized in my original country then Canada also won't recognize it, is that so?

 

[Ponga]

Thank you for your reply, yes we've been living together for more than a year and we have a rent agreement for that, but he is still married.

I have also been told something else: that if common-in-law is not recognized in my original country then Canada also won't recognize it, is that so?

What matters is that Canada recognizes common-law (not common-in-law) relationships.

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

Applicant or sponsor legally married to another person A conjugal relationship cannot be legally established if one or both parties continue to maintain an intimate relationship with a person to whom they remain legally married.

---

https://www.canadim.com/sponsorship/sponsorship-spouse-common-law/

Can you sponsor someone if you are still married?


If you wish to sponsor your common-law partner but are legally married to another person, you must provide proof that your marriage has broken down and that you have lived apart from your spouse for at least one year.

 

[mahyjooon]

What matters is that Canada recognizes common-law (not common-in-law) relationships.

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

Applicant or sponsor legally married to another person A conjugal relationship cannot be legally established if one or both parties continue to maintain an intimate relationship with a person to whom they remain legally married.

---

https://www.canadim.com/sponsorship/sponsorship-spouse-common-law/

Can you sponsor someone if you are still married?


If you wish to sponsor your common-law partner but are legally married to another person, you must provide proof that your marriage has broken down and that you have lived apart from your spouse for at least one year.

Sorry for my mistake and thank you for your response. Aside from the rent agreement and general proof of a relationship, what can we show to prove that the marriage has been broken up? and there is definitely no intimacy since he lives with me.

So I should apply for common-law partner?

 

[Ponga]

Sorry for my mistake and thank you for your response. Aside from the rent agreement and general proof of a relationship, what can we show to prove that the marriage has been broken up? and there is definitely no intimacy since he lives with me.

So I should apply for common-law partner?

Versus...what? It's really your only option since conjugal partner is not an option, right?

Some people send waaaaayyy too much evidence, thinking that they only have one chance to convince IRCC that their relationship is real. Beofre it was mandatory to apply online (only) I suspect that IRCC was receiving giant boxes of `evidence', thinking quantity over quality was a good idea.

If IRCC needs more evidence, they will ask for more before rendering a decision.

What is your partner's status in Canada and for how long?

 

[mahyjooon]

Versus...what? It's really your only option since conjugal partner is not an option, right?

Some people send waaaaayyy too much evidence, thinking that they only have one chance to convince IRCC that their relationship is real. Beofre it was mandatory to apply online (only) I suspect that IRCC was receiving giant boxes of `evidence', thinking quantity over quality was a good idea.

If IRCC needs more evidence, they will ask for more before rendering a decision.

What is your partner's status in Canada and for how long?

we are both outside Canada.

 

[armoured]

we are both outside Canada.

Are you a citizen? If so, the only difference is that you will need to show/demonstrate intent to return and reside in Canada with your partner.

If not: you will need to return to Canada and reside in order to apply to sponsor. While your common law status would remain 'valid' in sense that it would still be possible to sponsor, you absolutely should expect that your relationship would get more scrutiny ... if they believe that the lack of a divorce / divorce proceedings indicate that his previous marriage hasn't been terminated.

This latter issue might be more or less serious depending on the country of origin. For example, possibly more of an issue from countries where polygamy is recognized/practiced.

I don't want to speculate too much, just that your statement about divorce 'being a tough situation' is ambiguous and lack of willingness to pursue divorce may be taken as sign something else is going on.

 

[canuck78]

Hello everyone,

I have a peculiar situation that I wasn't able to find anywhere in this forum or on the web, so I'm asking it here.

I am applying for me and my partner and I am the main principal and in the stage of sending documents.
Even though we live together (outside Canada) he is still married to someone else and divorce is a very tough situation (can lead to harming family members and more). We have prof of text messages and pictures and even a lease under both our names.

I want to know if we can get accepted as a conjugal or common-in-law partner.

I'm applying for Quebec and I'm hoping they have the same law as the rest of Canada.

You haven’t specified if you are a Canadian citizen or a PR. Your partner’s marriage is likely going to become an issue eventually and it is advisable for your own future for him to get a divorce. As someone’s spouse they could contest things like inheritance, medical decision making, etc. Your partner should be consulting a Canadian lawyer about how remaining married could become problematic. As long as divorce is possible in the country I would encourage your partner to move forward with a divorce. He has clearly moved on and families will have to accept that he is no longer with his wife. Whether he wants to share that he is in a new relationship after that it will be his choice. You can get divorced without having to divulge that you are in a new relationship and sounds like a same sex relationship.