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Yeah, fighting them on this is just going to delay the granting of the PR visa. The email from the visa officer was not just a suggestion: he wants a response. He does not mean you have to get married, but he does mean that he does not have enough right now to grant the PR visa. Your response can make the difference between him deciding to accept or reject the PR application. So write the letter. An impassioned defence of the reasons for your decision may be enough.

You are worried that writing the letter might not work out. It is true that it might not. But doing nothing in response to the vo's email will definitely not work out.
 
canadianwoman said:
Yeah, fighting them on this is just going to delay the granting of the PR visa. The email from the visa officer was not just a suggestion: he wants a response. He does not mean you have to get married, but he does mean that he does not have enough right now to grant the PR visa. Your response can make the difference between him deciding to accept or reject the PR application. So write the letter. An impassioned defence of the reasons for your decision may be enough.

You are worried that writing the letter might not work out. It is true that it might not. But doing nothing in response to the vo's email will definitely not work out.

I've written my letter. I spoke to a lawyer in Iran about the difficulties and impossibilities of taking the case to the marriage court in Iran. I have mentioned laws and regulations that would lead the judge not to perform marriage without parental consent as there are convincing matters for the court to stand against me. Also having dual citizenship which would endanger the situation, as Iranian doesn't morally and often legally accept it.

Also about getting married in Turkey, I've mentioned my dependence on family, proving that I'm living in a house that legally own to my father, as well as proofs that he pays fully for my accommodation costs, university tuition, and supporting me fully (financially) to start my business in Canada. I've explained marrying in Turkey will force me to quit home and school while I'm still student without any source of income.

Basically whatever I wrote is 100% true... I know CIC doesn't care about personal matters as such... but at least I explained that I would sacrifice my life if getting married...
 
Good. I think this was a good choice. We'll see what the vo thinks. I wish you luck.
 
canadianwoman said:
Good. I think this was a good choice. We'll see what the vo thinks. I wish you luck.

Thanks... do you think there's any chance based on what I've provided in my letter?
 
Some chance. It is hard to guess what any particular vo will do. If you are rejected, at least I think you could win on appeal.
 
Does anybody know, while they're processing the conjugal partner file, can the couple marry? I'm afraid they might refuse the application and say we have to start from the beginning and apply as Spousal Sponsorship. Any idea?
 
Take a look at the page 35 (section 5.51) of the OP-2. It's about switching categories between spouses, common-law partners and conjugal partners, and will give you an idea.

From what I understand, if the marriage is legal from CIC's stand point, it should be OK. But I would also explain to the officer why you didn't get married to begin with.

Best of luck :)
 
BCgirl2012 said:
Take a look at the page 35 (section 5.51) of the OP-2. It's about switching categories between spouses, common-law partners and conjugal partners, and give you an idea.

From what I understand, if the marriage is legal from CIC's stand point, it should be OK. But I would also explain to the officer why you didn't get married to begin with.

Best of luck :)

Thanks :)
 
It's all technically the same class of application (spouse/partner family class) so it doesn't invalidate your application. It does affect the way they evaluate your application. But going from conjugal to spousal makes your case easier, not more difficult.

Good luck!
 
computergeek said:
It's all technically the same class of application (spouse/partner family class) so it doesn't invalidate your application. It does affect the way they evaluate your application. But going from conjugal to spousal makes your case easier, not more difficult.

Good luck!

I agree. The only thing that is worth keeping in mind is that the definition of marriages of convenience as per CIC's definition was expanded a couple of years ago to include marriages that happen to facilitate the visa issues, even if the relationship is genuine. I'm no expert on legal issues. I'm sure your lawyer will keep these things in mind while communicating with CIC.
 
Thanks for responses.

Actually I've already sent my explaination about why we're not getting married to Ankara. But today I got GCMS notes which I had ordered 3 weeks ago. The officers note on last page has basically the same meaning as their letter they sent me asking about why we don't get married in a third country. But here in the notes, I got a very negative vibe as I feel like I see the refusal coming to us soon!!! He stated that the couple has a real and genuine relationship but he has doubts that our application meets the criteria of Conjugal or Common-Law, and thus he had sent us a letter for further information :(
 
Erina said:
Thanks for responses.

Actually I've already sent my explaination about why we're not getting married to Ankara. But today I got GCMS notes which I had ordered 3 weeks ago. The officers note on last page has basically the same meaning as their letter they sent me asking about why we don't get married in a third country. But here in the notes, I got a very negative vibe as I feel like I see the refusal coming to us soon!!! He stated that the couple has a real and genuine relationship but he has doubts that our application meets the criteria of Conjugal or Common-Law, and thus he had sent us a letter for further information :(

I don't think it's a bad thing actually. (s)he has doubts that you guys are conjugal, and you don't meet the CL criteria either, so in a way he is basically telling you the only way he thinks your application can be approved.
 
Erina said:
This is really unfair. If they expect conjugal partners to meet in another country that is on either side's own, then why would such category of sponsorship even exist? Same sex couples can also travel abroad to marry, as well as people of certain religions, like Muslims, who are not permitted to marry someone with a different religion. They all can travel to Europe or elsewhere and marry and apply as Spouses. If that's the case, Conjugal Partnership has NO MEANING whatsoever!!!

I would have get married if I could long before they asked me to do so! but I wasn't able to... I had been researching a lot about all these immigration laws and factors before applying and I always knew Conjugal is a challenge!!! But I don't get it! As a Canadian citizen, shouldn't I have the right to marry where I actually live? to marry under the regulations of Canada? That's just so unfair!!!

But thanks for your answers. I try my best to convince them that I'm still unable to marry him due to different factors. But really, I expected more understanding from their side....

Hi Erica,
I feel your frustration... I applied under conjugal also. I live in Nova Scotia and I sponsored my partner who is Italian Permanent resident. But... he is Albanian born so, this has caused us a few problems. He was denied a visa to visit Canada last june when we went to the Rome Embassy in person. This forced us to file conjugal as a PR. I got my approval for sponsorship last week and his app has been forwarded to Rome.

I went to Albania in september and I have no plans to marry just for the fun of it. We want to marry in Canada where my son and family are. Conjugal is what it is and being married does not make it faster. We consider ourselves husband and wife... who are unable to be together because of these barriers. Best to you :)

Brenda
 
BCgirl2012 said:
I don't think it's a bad thing actually. (s)he has doubts that you guys are conjugal, and you don't meet the CL criteria either, so in a way he is basically telling you the only way he thinks your application can be approved.

That might be true. Her concern is we could have got married in a third country thus there's no barrier. But I explained the situation in my letter. So basically you're saying his notes are not as negative? Like having doubt that we meet neither conjugal nor common law?
 
wongchild said:
Hi Erica,
I feel your frustration... I applied under conjugal also. I live in Nova Scotia and I sponsored my partner who is Italian Permanent resident. But... he is Albanian born so, this has caused us a few problems. He was denied a visa to visit Canada last june when we went to the Rome Embassy in person. This forced us to file conjugal as a PR. I got my approval for sponsorship last week and his app has been forwarded to Rome.

I went to Albania in september and I have no plans to marry just for the fun of it. We want to marry in Canada where my son and family are. Conjugal is what it is and being married does not make it faster. We consider ourselves husband and wife... who are unable to be together because of these barriers. Best to you :)

Brenda

Dear,

By law, we meet every aspect of this ridiculous unfair process. We are not permitted to marry in our own country, and now the only way to be together is to marry in a third country that is now our own!!!