Conjugal v Common-law Partner Sponsorship Advice

[uk93]

I am a UK citizen and my partner is Canadian. We met in Canada five years ago when I lived in Canada on a working holiday visa. We were only dating during this time so we didn’t live together. I returned to the UK to finish my studies (2 years) and we visited each other a lot during this time. Then when COVID happened we weren’t able to see each other for 19 months. Last September my partner came to visit me in the UK for the first time and then in November I came back to Canada as a visitor to spend time with him. I am still in Canada.

We are trying to sort out an application for conjugal sponsorship as we aren’t married and don’t want to rush into this just for immigration purposes. We have been in a relationship for four years and have lots of evidence to prove this: flight bookings, holiday bookings, photos, letters from friends and family, joint bank account, mail sent to his address in Canada for 4 years etc…

We have not been able to live together because we can only be in Canada/UK as tourists for six months at a time (we have only recently realised that this can possibly be extended to a year). I also don’t know how this would be feasible because I wouldn’t be able to work during this time as a tourist. Another reason we were unable to live together is because I was finishing my studies in the UK and then we couldn’t visit each other because of COVID.

I have now been in Canada for almost three months and I’m worried that if we apply for the conjugal sponsorship, immigration won’t accept this because we could/ are living together now despite past circumstances (above) meaning we couldn’t live together.

If you’re in conjugal relationship

A conjugal partner is:

• a person who is living outside Canada,
• in a conjugal relationship with the sponsor for at least one year, and
• could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation).

This term applies to both opposite and same-gender couples.

We are wondering if it’s better for me to stay in Canada as a tourist for six months then try and extend the tourist visa for a year and then apply for common-law partner sponsorship. We are living with my partner’s parents so we don’t have any lease/bill proof but we could ask his parents to draw up a lease agreement for immigration evidence. This means that we will have to wait another ten months to do the application which we don’t really want to do.

I really don’t know what to do because I was thinking when we submit the conjugal application, I will go back to the UK to work whilst it is processed. However, if I go home and immigration reject the application and we then want to go down the common-law route, I will have to come back to Canada and start the one year again to show that we have been living together continuously. Also, if I go back to the UK, how long can I stay there if we are ‘continuously living together’ in Canada?

If you’re in a common-law relationship
You can sponsor the person as your common-law partner (same or opposite gender) as long as you’ve been living or have lived with your partner for at least 12 consecutive months in a marriage-like relationship.

We just don’t know what the best option is.

Has anyone else been in a similar situation or have any advice?

Thanks!

 

[scylla]

I am a UK citizen and my partner is Canadian. We met in Canada five years ago when I lived in Canada on a working holiday visa. We were only dating during this time so we didn’t live together. I returned to the UK to finish my studies (2 years) and we visited each other a lot during this time. Then when COVID happened we weren’t able to see each other for 19 months. Last September my partner came to visit me in the UK for the first time and then in November I came back to Canada as a visitor to spend time with him. I am still in Canada.

We are trying to sort out an application for conjugal sponsorship as we aren’t married and don’t want to rush into this just for immigration purposes. We have been in a relationship for four years and have lots of evidence to prove this: flight bookings, holiday bookings, photos, letters from friends and family, joint bank account, mail sent to his address in Canada for 4 years etc…

We have not been able to live together because we can only be in Canada/UK as tourists for six months at a time (we have only recently realised that this can possibly be extended to a year). I also don’t know how this would be feasible because I wouldn’t be able to work during this time as a tourist. Another reason we were unable to live together is because I was finishing my studies in the UK and then we couldn’t visit each other because of COVID.

I have now been in Canada for almost three months and I’m worried that if we apply for the conjugal sponsorship, immigration won’t accept this because we could/ are living together now despite past circumstances (above) meaning we couldn’t live together.

If you’re in conjugal relationship

A conjugal partner is:

• a person who is living outside Canada,
• in a conjugal relationship with the sponsor for at least one year, and
• could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation).

This term applies to both opposite and same-gender couples.

We are wondering if it’s better for me to stay in Canada as a tourist for six months then try and extend the tourist visa for a year and then apply for common-law partner sponsorship. We are living with my partner’s parents so we don’t have any lease/bill proof but we could ask his parents to draw up a lease agreement for immigration evidence. This means that we will have to wait another ten months to do the application which we don’t really want to do.

I really don’t know what to do because I was thinking when we submit the conjugal application, I will go back to the UK to work whilst it is processed. However, if I go home and immigration reject the application and we then want to go down the common-law route, I will have to come back to Canada and start the one year again to show that we have been living together continuously. Also, if I go back to the UK, how long can I stay there if we are ‘continuously living together’ in Canada?

If you’re in a common-law relationship
You can sponsor the person as your common-law partner (same or opposite gender) as long as you’ve been living or have lived with your partner for at least 12 consecutive months in a marriage-like relationship.

We just don’t know what the best option is.

Has anyone else been in a similar situation or have any advice?

Thanks!

Forget about conjugal. A conjugal application will fail since you face no barriers to marriage or common law. Refusal is guaranteed.

Either get married or live together for a full year without breaks to become common law. For common law, breaks in the 1 year of cohabitation should be less than three weeks and you shouldn't have too many of them.

 

[scylla]

I am a UK citizen and my partner is Canadian. We met in Canada five years ago when I lived in Canada on a working holiday visa. We were only dating during this time so we didn’t live together. I returned to the UK to finish my studies (2 years) and we visited each other a lot during this time. Then when COVID happened we weren’t able to see each other for 19 months. Last September my partner came to visit me in the UK for the first time and then in November I came back to Canada as a visitor to spend time with him. I am still in Canada.

We are trying to sort out an application for conjugal sponsorship as we aren’t married and don’t want to rush into this just for immigration purposes. We have been in a relationship for four years and have lots of evidence to prove this: flight bookings, holiday bookings, photos, letters from friends and family, joint bank account, mail sent to his address in Canada for 4 years etc…

We have not been able to live together because we can only be in Canada/UK as tourists for six months at a time (we have only recently realised that this can possibly be extended to a year). I also don’t know how this would be feasible because I wouldn’t be able to work during this time as a tourist. Another reason we were unable to live together is because I was finishing my studies in the UK and then we couldn’t visit each other because of COVID.

I have now been in Canada for almost three months and I’m worried that if we apply for the conjugal sponsorship, immigration won’t accept this because we could/ are living together now despite past circumstances (above) meaning we couldn’t live together.

If you’re in conjugal relationship

A conjugal partner is:

• a person who is living outside Canada,
• in a conjugal relationship with the sponsor for at least one year, and
• could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation).

This term applies to both opposite and same-gender couples.

We are wondering if it’s better for me to stay in Canada as a tourist for six months then try and extend the tourist visa for a year and then apply for common-law partner sponsorship. We are living with my partner’s parents so we don’t have any lease/bill proof but we could ask his parents to draw up a lease agreement for immigration evidence. This means that we will have to wait another ten months to do the application which we don’t really want to do.

I really don’t know what to do because I was thinking when we submit the conjugal application, I will go back to the UK to work whilst it is processed. However, if I go home and immigration reject the application and we then want to go down the common-law route, I will have to come back to Canada and start the one year again to show that we have been living together continuously. Also, if I go back to the UK, how long can I stay there if we are ‘continuously living together’ in Canada?

If you’re in a common-law relationship
You can sponsor the person as your common-law partner (same or opposite gender) as long as you’ve been living or have lived with your partner for at least 12 consecutive months in a marriage-like relationship.

We just don’t know what the best option is.

Has anyone else been in a similar situation or have any advice?

Thanks!

Sorry - forgot to confirm that you can definitely (and easily) extend your stay in Canada without leaving to achieve the 12 months of continuous cohabitation to become common law.

 

[DimT44]

Forget about conjugal. A conjugal application will fail since you face no barriers to marriage or common law. Refusal is guaranteed.

Either get married or live together for a full year without breaks to become common law. For common law, breaks in the 1 year of cohabitation should be less than three weeks and you shouldn't have too many of them.

100% agree with scylla's response above.

Family sponsorship for a partner is only meant for married people or people in marriage like relationships (common-law). IRCC decided a long time ago that it will not go into the business of determining if people will remain together or not. That's why there isn't a finace visa or a gf/bf visa either. If you are not ready to marry each other yet then all IRCC can do for you is allow you to visit each other, but they will not accept an immigration application on these basis.

 

[armoured]

We are trying to sort out an application for conjugal sponsorship as we aren’t married and don’t want to rush into this just for immigration purposes.

...could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation).

"Don't want to rush it" is absolutely not a 'reason beyond your control.'

We are wondering if it’s better for me to stay in Canada as a tourist for six months then try and extend the tourist visa for a year and then apply for common-law partner sponsorship. We are living with my partner’s parents so we don’t have any lease/bill proof but we could ask his parents to draw up a lease agreement for immigration evidence. This means that we will have to wait another ten months to do the application which we don’t really want to do.

I really don’t know what to do because I was thinking when we submit the conjugal application, I will go back to the UK to work whilst it is processed.

Not sure I follow all these hypotheticals; keep in mind that the evidence for you living together will be scrutinized, and specifically about the start date of your cohabitation. Files do get tripped up with extra examination or refusal when that evidence is weak.

Since you only apply after you've completed that 12 months of cohabitation, and then that application will have its processing time (eg 12 months, although sometimes less), you are looking at ~24 months for the 'process.' Keep in mind that for almost all of this time, your spouse would not be able to work in Canada.

Getting married will speed that up - by the 12 months - but only you can decide of course.