Do we qualify? Please help if you can.

[Ssaul27]

Thank you to everyone for all your help

 

[Ssaul27]

Please stay on the first page

 

[MilesAway]

What is your citizenship? If I read correctly, and you are American, then you will not be approved for conjugal.

The reason is that American's do not have an immigration that prevents them from coming to Canada for 6 months, then extending their visitor visa, in order to reach the 12-month mark for common-law. Several members have done that, so there is no impendiment there. Or he could live with you for 6 months, and you with him for 6 months to qualify.

Work or study commitments are not considered to be barriers by CIC. There needs to be a legal or immigration barrier, as mentioned in the quote you posted. Being refused visas, being in a same-sex relationship in a country where it's illegal, but not being ready for marriage and not wanting to leave your studies are not considered valid reasons.

Your options are to qualify for common-law, or to get married, but conjugal will not work if you are an American citizen.

 

[Ssaul27]

Thank you for responding!

I'm sorry if I misrepresented myself - Wanting to go to school would not be a reason for me not moving to Canada.
I only decided to apply here because I thought being able to transfer would help my chances of getting into Canada.

I will be researching into the Common-law visa. What you have suggested sounds like a great option!
I wonder though - would we only to able to do this if I first had an extended visitor visa?
Or could I also do this if I had a study visa but lived with my boyfriend for a year?

 

[MilesAway]

The kind of visa you have is irrelevant, CIC wants to see that you have lived together for 12 consecutive months. Whether you were on a student visa, a work visa, a visitor visa, or any other kind, is not important to them.

A student visa is a possibility, and if I'm not mistaken, after 6 months you can get a work permit (don't quote me on that, please check the CIC site or the student section of this forum), so you would not have to rely entirely on your boyfriend. Note that with a student visa, you still need to prove your ties to your home country and that you will return afterwards.

 

[Ssaul27]

If I am successfully sponsored by my boyfriend after the year of living together, will I still need to return to the US after my study visa expires?

 

[rjessome]

If I am successfully sponsored by my boyfriend after the year of living together, will I still need to return to the US after my study visa expires?

First of all, if you are American you don't need a "visa", you need a "permit" to study or work in Canada. A visa is an entry document. A permit says what you can do when you get here. American are exempt from requiring a visa to enter Canada. So if you flew here for vacation you don't have to apply for a visa, simply travel on your American passport to enter for a visit.

If your application for permanent residence was successful due to the sponsorship by your boyfriend, no, you would not have to return to the US after your study permit expired. Permanent residence voids all temporary permits so your study permit would become null and void.

 

[Ssaul27]

First of all, if you are American you don't need a "visa", you need a "permit" to study or work in Canada. A visa is an entry document. A permit says what you can do when you get here. American are exempt from requiring a visa to enter Canada. So if you flew here for vacation you don't have to apply for a visa, simply travel on your American passport to enter for a visit.

If your application for permanent residence was successful due to the sponsorship by your boyfriend, no, you would not have to return to the US after your study permit expired. Permanent residence voids all temporary permits so your study permit would become null and void.

Thank you for clearing that up for me.

And thank you for all your help! I believe this is what we will do.
It all seems possible now! I'm so happy xD