Do we qualify for conjugal partner? Applying outland

[Adobo]

I am a Canadian citizen.

My partner is transgender and has a Philippines passport. It’s difficult for her to come to Canada even if she applies for a visiting visa. I can go to the Philippines and live with her, but same sex marriage is not legal as she is still regarded as “M or male”.

I met her in January 2017. We were dating for 2 months before I returned to Canada. During this time we kept in frequent contact and were in a long distance relationship. In September 2018 I went to Philippines and have been living with her since. We plan to apply in April 2019 for her to come to Canada.

Do we have enough barriers to apply as conjugal partner? I can go home and apply inland but of course I rather stay with her and apply using the Outland application. How is the Outland application submitted?

I understand I have to submit proof that I will be in canada when she arrives. I can do this with detailed letter explaining my situation and parents that will provide a place for us to live as well as them submitting their own letter to confirm this.

Please advise more steps and preparation we should or could take.

In addition, perhaps after the application is submitted I can also buy a plane ticket for 6 months later that proves I will return to Canada, even if the PR acceptance is to be determined. With the airplane ticket, it shows my intent, but also I can change it to a later date.

Please tell me if I am operating under any false notions. Thanks!

 

[Erigh04]

Could you keep living with her until September 2019? If so, you could apply as common-law.
Also, the only way to apply as inland is if you are both in Canada (which could mean you could apply as common-law or get married, if she is able to get a tourist visa to come to Canada). Otherwise, even if you are in Canada but she stays in the phillipines, you will be applying outland.
And yes, if you stay in the phillipines while submitting the application, you will need to submit proof of intent to return. We submitted a letter from parents, a detailed plan and explanation that I will return, job postings to show that I'm looking for jobs when I return, conversations with friends about moving back, etc. A plane ticket would work too!
Hope this helps!

 

[scylla]

She needs to apply for a TRV to visit Canada before you apply for conjugal. If the TRV is approved, she would be able to come to Canada and you could become common law or get married here. If the TRV is refused, that will support your conjugal application.

 

[monkeys89]

She needs to apply for a TRV to visit Canada before you apply for conjugal. If the TRV is approved, she would be able to come to Canada and you could become common law or get married here. If the TRV is refused, that will support your conjugal application.

Agreed. You have to prove the immigration barrier. If she hasn't tried to come to Canada and been refused, then there is no barrier yet.

Also, buying a plane ticket after you've submitted the application doesn't support your intention to move back to Canada at all, even though it will effect it. How will CIC know you have the ticket?

 

[zardoz]

I am a Canadian citizen.

My partner is transgender and has a Philippines passport. It’s difficult for her to come to Canada even if she applies for a visiting visa. I can go to the Philippines and live with her, but same sex marriage is not legal as she is still regarded as “M or male”.

I met her in January 2017. We were dating for 2 months before I returned to Canada. During this time we kept in frequent contact and were in a long distance relationship. In September 2018 I went to Philippines and have been living with her since. We plan to apply in April 2019 for her to come to Canada.

Do we have enough barriers to apply as conjugal partner? I can go home and apply inland but of course I rather stay with her and apply using the Outland application. How is the Outland application submitted?

I understand I have to submit proof that I will be in canada when she arrives. I can do this with detailed letter explaining my situation and parents that will provide a place for us to live as well as them submitting their own letter to confirm this.

Please advise more steps and preparation we should or could take.

In addition, perhaps after the application is submitted I can also buy a plane ticket for 6 months later that proves I will return to Canada, even if the PR acceptance is to be determined. With the airplane ticket, it shows my intent, but also I can change it to a later date.

Please tell me if I am operating under any false notions. Thanks!

It's technically impossible to apply "Inland" as a "conjugal partner".

 

[Adobo]

What are our options if we want to apply in March 2019? So she needs to apply for the tourist visa and get refused first?

Also, if she does somehow get accepted for tourist visa, she would have legally have to go back home after a short period isn’t it? Or once she gets accepted she can just live with me even if the tourist visa expires? And then we apply again for PR?

 

[Peanut butter and jelly]

What are our options if we want to apply in March 2019? So she needs to apply for the tourist visa and get refused first?

Also, if she does somehow get accepted for tourist visa, she would have legally have to go back home after a short period isn’t it? Or once she gets accepted she can just live with me even if the tourist visa expires? And then we apply again for PR?

If you want to apply under the conjugal partner category, yes, she needs to be rejected first.

If her TRV gets approved, she can apply for an extension to complete 12 months of living with you and be able to apply under the common law category, or you guys can also get married in Canada, gather as much proof as you can, and apply under the spouse category (inland or Outland, the choice is up to you when she’s in Canada).