Conjugal sponsorship

[Abdelsattar443]

Hello guys,

I went to Canada as a student in 2018 and have been in Canada for 6 years, so last year when I applied to extend my student permit it got refused and I was asked to leave Canada immediately so I left Canada within one month and have informed CBSA about me leaving and they just said we that they will mark it down, my question is I cannot come back as a student as because of the situation rn and I do not have the funds however I met my girlfriend in Canada and we have been together for 4 years untill now still together and we are thinking if we should apply for a conjugal sponsorship and have some concerns if this removal order would be an issue

 

[Ponga]

Hello guys,

I went to Canada as a student in 2018 and have been in Canada for 6 years, so last year when I applied to extend my student permit it got refused and I was asked to leave Canada immediately so I left Canada within one month and have informed CBSA about me leaving and they just said we that they will mark it down, my question is I cannot come back as a student as because of the situation rn and I do not have the funds however I met my girlfriend in Canada and we have been together for 4 years untill now still together and we are thinking if we should apply for a conjugal sponsorship and have some concerns if this removal order would be an issue

You should abandon the idea of a conjugal sponsorship.

With a Departure Order, you must leave Canada within 30 days after the order takes effect (which you did). You must also confirm your departure with the CBSA at your port of exit (which you did). If you leave Canada and follow these procedures (which you did), you may return to Canada in the future provided you meet the entry requirements at that time.


Unless you can provide evidence that you cannot get married, or live together anywhere in the world for one full year to then be deemed Common-law, your Conjugal application would be denied. Not having the financial means to be together will not qualify you for a Conjugal Sponsorship.


What is stopping you from coming back to Canada as a visitor? What is stopping your girlfriend coming to visit you?

 

[Abdelsattar443]

I have confirmed my departure with a CBSA agent however upon researching, I should have received an certificate of departure but I did not receive it because the agent didn’t hand it to me at that time

2nd point I am not able to come back as a student or apply for a visitor because I do not have the funds for me to get approved for a visitor visa

3rd point. Let’s say i do marry my girlfriend ASAP and apply for a spousal sponsorship, will my application be refused even tho the relationship is genuine and can provide proof?

what is your best option for our situation

 

[Ponga]

I have confirmed my departure with a CBSA agent however upon researching, I should have received an certificate of departure but I did not receive it because the agent didn’t hand it to me at that time

2nd point I am not able to come back as a student or apply for a visitor because I do not have the funds for me to get approved for a visitor visa

3rd point. Let’s say i do marry my girlfriend ASAP and apply for a spousal sponsorship, will my application be refused even tho the relationship is genuine and can provide proof?

what is your best option for our situation

CBSA likely knows that you left Canada based on the Exit/Entry data that is shared with other countries; An entry into one country can be seen as an exit from Canada.

Regarding point 2, that does nothing to qualify you for a Conjugal Sponsorship. Conjugal Sponsorships are for those that cannot be together because of immigration/cultural reasons, NOT financial reasons.

Regarding point 3, as long as you have evidence that the relationship, and therefor the marriage, is genuine...you should consider this plan if you wish to be together ASAP.

 

[Abdelsattar443]

One more thing, may I ask what do you mean by immigration reasons

And what is your best advise for our situation? Or what is the best pathway since student visa rn is a bit tough

 

[Abdelsattar443]

And I have a visitor visa that expires on 2027 however that was because I had a study permit before, is this visitor visa valid or no?

 

[steaky]

And I have a visitor visa that expires on 2027 however that was because I had a study permit before, is this visitor visa valid or no?

Like you said you don't have funds to return to Canada, visitor visa valid or not is not relevant.

 

[Abdelsattar443]

Even tho I have the visa sticker stamp on my passport and am I supposed to show them proof of funds on arrival?

 

[Abdelsattar443]

But if I get the funds this visa that is stamped on my passport, I would be able to travel to Canada as a visitor?

 

[Ponga]

One more thing, may I ask what do you mean by immigration reasons

And what is your best advise for our situation? Or what is the best pathway since student visa rn is a bit tough

Is a girlfriend or a boyfriend be a conjugal partner?

Conjugal partnerships can be for both opposite-sex and same-sex couples. It is perfectly normal to apply for a girlfriend's or boyfriend's sponsorship application under the conjugal partner sponsorship program but as the conjugal route is introduced as a special route for those couples (regardless of their sexual preferences) who cannot live together for situations or circumstances beyond their control. If we further stretch the definition of beyond control it is a very strict definition. for example, if one partner is a Canadian Citizen or a Permanent Resident of Canada and the other partner is not able to come and live with the first partner to Canada they may not able to apply for the conjugal partner sponsorship application as the first partner may go and live with the other partner in his/her country of residence. The couple has to demonstrate that they cannot live together as if they start living together there may be a threat to their life due to certain restrictions culturally or socially or there may be a fear of persecution to them or the couple may be penalized by authorities or community.

More info, here:
https://www.thevisacanada.com/services/permanent-residence/family-sponsorship/conjugal-partner

 

[armoured]

2nd point I am not able to come back as a student or apply for a visitor because I do not have the funds for me to get approved for a visitor visa

3rd point. Let’s say i do marry my girlfriend ASAP and apply for a spousal sponsorship, will my application be refused even tho the relationship is genuine and can provide proof?

2) I disagree with @Ponga's interpretation here that there is no way you could qualify for conjugal. BUT: I still believe that it would be advantageous for you in terms of the application being approved to get married if at all possible (and to apply as married).

If that's not possible in the near term, you could apply as conjugal and get married later during the process and IRCC will consider that evidence (and effectively treat as married). That still might result in more delay than simply getting married.

As for the 'immigration barrier': apply and get rejected for the TRV. Pretty simple. (If you don't get rejected, fly here and get married - but you won't have right to work, which won't help from financial perspective).

In my view: applying without getting rejected for TRV first is a bad idea, because there's neither an immigration or legal barrier - basically no basis upon which to meet the conjugal program's raison d’être at all. (Which IRCC doesn't seem consistent about but let's leave that aside for now).

3) If they are convinced it's a genuine relationship, no.

 

[armoured]

Is a girlfriend or a boyfriend be a conjugal partner?

I'm not going to dignify an 'immigration to canada' related site that can't even be bothered to write a remotely grammatical 'headline' with even pretending its content has any relationship to how things actually work, or responding to content.

I will say though: the idea that the conjugal program requires a Canadian citizen/PR sponsor to leave Canada in order to reside abroad and become common law is simply not true; it's neither logical, nor backed by any evidence I can see. And it's self-evident (to me) that no Canadian court or immigration tribunal would support that idea, and that IRCC is aware of this.

That said, just an honest disagreement about what the conjugal program requires. (Which - from looking at cases that've been approved - is considerably less than I'd previously thought)

 

[Ponga]

2) I disagree with @Ponga's interpretation here that there is no way you could qualify for conjugal. BUT: I still believe that it would be advantageous for you in terms of the application being approved to get married if at all possible (and to apply as married).

But the OP has already shown that they can come to Canada; they just are financially unable to do so. Are you saying that a financial barrier would even be entertained by IRCC for a Conjugal Sponsorship?

 

[Ponga]

I'm not going to dignify an 'immigration to canada' related site that can't even be bothered to write a remotely grammatical 'headline' with even pretending its content has any relationship to how things actually work, or responding to content.

Please explain. I was merely posting what appeared to be pertinent info related to the OP's query.

 

[Abdelsattar443]

Thank you guys for all the replies

I just have one more question about my visitor visa sticker on my passport, if I do have the available funds is my visa valid? Because I was issued a visitor visa untill 2027 because I was on a study permit. Thanks