The original 'barrier' was that we lived half way around the world from each other. In addition, in her country of origin, the female has little or no hope of divorcing the male (and the unlikely hope of even leaving the country unless 'he' gives permission).It
It will be impossible to apply under conjugal partner if she is not legally divorced. You also have to take in consideration that you both are able to marry after she get divorce. For applying under conjugal partner you must have barriers which prevent you of getting marry.
Thank you. Yes, we now are... but the lawyer has never once admitted that the conjugal application was the 'wrong' application.Zero chance of conjugal. You have no barrier preventing you from becoming common-law.
Yes, thank you. The lawyer has still not even suggested this to us, and we've been officially Common-Law for 5 months.You have been living together and your partner is in Canada hence do not qualify for conjugal. However you can apply as common law once you have cohabited for 1 year (you have mentioned that your year of common law will complete soon). As common law partners you will be able to apply for inland PR sponsorship with open work permit
Yes thank you. This has now been suggested by IRCC.Would be much better to withdraw your application to get a partial refund and save time in the end versus losing the money, getting a denial and reapplying.
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Your conjugal application could still be denied and you can be asked to reapply as common law now.Yes, thank you. The lawyer has still not even suggested this to us, and we've been officially Common-Law for 5 months.
Having bad legal advice isn't IRCC's problem.Thank you. Yes, we now are... but the lawyer has never once admitted that the conjugal application was the 'wrong' application.
Are you actually banned from marrying where you are due to different religions? Do you have the ability to go to a country (including Canada) where interfaith marriage is allowed, if it's banned where you are?* If the answer is no to my first question and/or yes to the second conjugal won't work. Conjugal is for people who CANNOT get married not for people who don't want to get married.Hi Everyone!
We submitted an application under conjugal as to our situation.
*We both lived in Dubai SA(CA citizen) not married. and by Law is not allowed to live together. hence, we cant apply for Common Law nor spousal. We submitted a notarize letter indicating that It is indeed not allowed to live together if you are couple and not married by Law
We recieve a PFL indicating there that there were no grounds for marriage at all.
We are both single opposite sex and planning to settle down in CA once might get approve.
Yet our concern is we dont want to forcely get married just for the sake of PR.
also my partner is Muslim and im a Christian.
We want free willingly to celebrate covenant without any holds of religious matter.
Whats your thought about it?
will they likely refuse our application?
My guess is that your application will be refused. Not an expert, though.Hi Everyone!
We submitted an application under conjugal as to our situation.
*We both lived in Dubai SA(CA citizen) not married. and by Law is not allowed to live together. hence, we cant apply for Common Law nor spousal. We submitted a notarize letter indicating that It is indeed not allowed to live together if you are couple and not married by Law
We recieve a PFL indicating there that there were no grounds for marriage at all.
We are both single opposite sex and planning to settle down in CA once might get approve.
Yet our concern is we dont want to forcely get married just for the sake of PR.
also my partner is Muslim and im a Christian.
We want free willingly to celebrate covenant without any holds of religious matter.
Whats your thought about it?
will they likely refuse our application?
Are you actually banned from marrying where you are due to different religions? Do you have the ability to go to a country (including Canada) where interfaith marriage is allowed, if it's banned where you are?* If the answer is no to my first question and/or yes to the second conjugal won't work. Conjugal is for people who CANNOT get married not for people who don't want to get married.
* And I believe you need to show you've tried to go to Canada with the applicant as a visitor/TRV/whatever is applicable for his or her citizenship and been refused. Otherwise they will say you haven't shown a barrier to marriage.
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My guess is that your application will be refused. Not an expert, though.
Did your spouse apply for a trv to Canada and get refused? If not, it will definitely be refused.
The onus is upon you to demonstrate a barrier (external) to you getting married or residing common law. "Not wanting to get married" does not meet that test.
There's no requirement that the marriage be a religious one - even a common-law relationship is at heart a civil relationship.
On top of that:
-you would not need to just demonstrate that eg Dubai does not permit unmarried couples to live together, but even opposite sex 'non-conjugal' couples to establish common law. (Not certain but seem to recall having seen cases here of opposite sex partners living together in Dubai, they basically just said they're room-mates for purposes of local authorities - again, could be wrong).
-you'd also have to show that civil or interfaith marriage not possible in Dubai.
-assuming you are both able to travel to other countries, the question would arise of why you didn't just travel to another country to get married in a civil ceremony.
-most importantly of which, if the non-Canadian (non citizen or non-PR) did not apply for and get refused a visa to Canada, you could have travelled to Canada to get married in a civil ceremony.
Again: 'not wanting to get married' is not a good argument. It's not a barrier - it's your own decision. The test is not ABLE to get married or establish a common-law relationship.
And I repeat what I believe to be the misconception: a common-law relationship is not the antithesis of marriage; it is a civil relationship akin to marriage entered into by residing together. (Hence the 'objection' to marriage is abstract). There are cases of those who cannot get married legally - the barriers usually being no divorce allowed, same-sex, or in somewhat more rare cases, inter-faith marriages are illegal.
You could perhaps make an argument about not wanting to or being forbidden to have a religious marriage - but again, the burden of proof would be on you to demonstrate that you cannot carry out a civil marriage.
If you really insist on this, you might consider a lawyer - your arguments would have to be quite complete and waterproof and factual to have a chance.
"A bit complex in our situation" is not going to cut it as a barrier to getting married; the application under conjugal will almost certainly be refused.Hi Thank you for reaponding.
No we are not banned from getting married due to different religions. There are exemption law to that yet a bit complexin our situation.
I have tried applying for a tourist visa last 2018 yet they refuse it as well.
