Frustration with the application so far

[sms1982]

Hi all

Me and my girlfriend (a born and raised Canadian from Montreal Quebec) have applied for both an Open Work Permit (OPW) and Conjugal Partner Sponsorship. I am from the UK. We applied and sent both applications 13th October 2017 whilst I was visiting her and her family on my holidays.

So far, all we've had is a SMS text receipt for the Sponsorship application. We wasn't sure where to send the OPW application, as Work Permits say they are processed in Vegreville AB. So we sent the application to a CPC there separately from the Sponsorship app which was sent to Ottawa

We also realised I only paid the Work Permit Processing Fee and NOT the OPW holding fee.

I've not had any acknowledgement of receipt for the OPW application at all.

I've tried to link my application without UCI and application numbers, no good
I've tried to send an enquiry to CIC to simply know the form is received, you need an application or a UCI ref
I've tried to ring their call centre and it's a nightmare with far too many confusing options deliberately to make it difficult to phone them.
The process application times for Work Permits for the UK is now 6 weeks rather than 4-5 weeks.

Has anyone else had a similar situation to me / us? I need to be in Quebec ASAP to help my French skills etc as I know Quebec Gov. will ask for me to pass French exams for me to e considered for permanent residency. I won't get that skill reading a French textbook back at home. It's a very stressful time :S

 

[WeegieInOttawa]

Hi all

Me and my girlfriend (a born and raised Canadian from Montreal Quebec) have applied for both an Open Work Permit (OPW) and Conjugal Partner Sponsorship. I am from the UK. We applied and sent both applications 13th October 2017 whilst I was visiting her and her family on my holidays.

So far, all we've had is a SMS text receipt for the Sponsorship application. We wasn't sure where to send the OPW application, as Work Permits say they are processed in Vegreville AB. So we sent the application to a CPC there separately from the Sponsorship app which was sent to Ottawa

We also realised I only paid the Work Permit Processing Fee and NOT the OPW holding fee.

I've not had any acknowledgement of receipt for the OPW application at all.

I've tried to link my application without UCI and application numbers, no good
I've tried to send an enquiry to CIC to simply know the form is received, you need an application or a UCI ref
I've tried to ring their call centre and it's a nightmare with far too many confusing options deliberately to make it difficult to phone them.
The process application times for Work Permits for the UK is now 6 weeks rather than 4-5 weeks.

Has anyone else had a similar situation to me / us? I need to be in Quebec ASAP to help my French skills etc as I know Quebec Gov. will ask for me to pass French exams for me to e considered for permanent residency. I won't get that skill reading a French textbook back at home. It's a very stressful time :S

Did you mean to say that you applied down the conjugal route? Because there is no way that she will be able to sponsor you on a "conjugal" basis. You won't qualify.

A conjugal relationship is defined as a relationship in which extenuating reasons beyond your control, mean you are unable to marry or cohabit for 12 months.

 

[sms1982]

Did you mean to say that you applied down the conjugal route? Because there is no way that she will be able to sponsor you on a "conjugal" basis. You won't qualify.

Hi thanks for your reply. How is this so? She's more than eligible to sponsor me. We cannot be together through a common-law relationship.

Conjugal partner:

A person outside Canada who has had a binding relationship with a sponsor for at least one year, but could not live with their partner. Includes both opposite- and same-sex relationships. See section 2 of the IRPR for the legal definition.

Principal applicants who are living in Canada are not eligible to be sponsored as conjugal partners, either in the Spouse, Common-law In Canada program or the overseas sponsorship program.
I am outside Canada, she is born and raised in Canada. We've had a relationship for more than 1 year. We can more than provide we are a genuine relationship. How does this not qualify?

 

[Alurra71]

Hi thanks for your reply. How is this so? She's more than eligible to sponsor me. We cannot be together through a common-law relationship.

Conjugal partner:

A person outside Canada who has had a binding relationship with a sponsor for at least one year, but could not live with their partner. Includes both opposite- and same-sex relationships. See section 2 of the IRPR for the legal definition.

Principal applicants who are living in Canada are not eligible to be sponsored as conjugal partners, either in the Spouse, Common-law In Canada program or the overseas sponsorship program.
I am outside Canada, she is born and raised in Canada. We've had a relationship for more than 1 year. We can more than provide we are a genuine relationship. How does this not qualify?

Didn't you say you were in Canada when you submitted the application? There is nothing barring you from doing this again to become common law (12 months continuous cohabitation). A conjugal application WILL fail in this scenario. You both either need to get married and apply as spouse or live together in either or both countries and become common law and then apply again.

Also, if you are not in the country you would not qualify for an OWP anyway. That is reserved only for applicants who apply via the INLAND route, and if you did apply that route, again, one more reason you will not qualify for conjugal.

You may want to consider withdrawing that application, getting your fees returned and then figuring out whether it will be common law or spousal.

 

[sms1982]

Didn't you say you were in Canada when you submitted the application? There is nothing barring you from doing this again to become common law (12 months continuous cohabitation). A conjugal application WILL fail in this scenario. You both either need to get married and apply as spouse or live together in either or both countries and become common law and then apply again.

Also, if you are not in the country you would not qualify for an OWP anyway. That is reserved only for applicants who apply via the INLAND route, and if you did apply that route, again, one more reason you will not qualify for conjugal.

You may want to consider withdrawing that application, getting your fees returned and then figuring out whether it will be common law or spousal.

Hi thanks for your reply. I was only visiting Canada, literally for like a week. I am based in the UK. I am NOT living with her. I want to be with her in Canada and that's the point of the application.

 

[Alurra71]

Hi thanks for your reply. I was only visiting Canada, literally for like a week. I am based in the UK. I am NOT living with her. I want to be with her in Canada and that's the point of the application.

And that is exactly why you won't qualify for conjugal, or the OWP.

You face no immigration barriers to either living together to become common law or to get married ...

 

[YVR123]

Hi thanks for your reply. How is this so? She's more than eligible to sponsor me. We cannot be together through a common-law relationship.

Conjugal partner:

A person outside Canada who has had a binding relationship with a sponsor for at least one year, but could not live with their partner. Includes both opposite- and same-sex relationships. See section 2 of the IRPR for the legal definition.

Principal applicants who are living in Canada are not eligible to be sponsored as conjugal partners, either in the Spouse, Common-law In Canada program or the overseas sponsorship program.
I am outside Canada, she is born and raised in Canada. We've had a relationship for more than 1 year. We can more than provide we are a genuine relationship. How does this not qualify?

You can travel to Canada and live with her. Just that you choose NOT to. Conjugal partner is for couple who cannot travel and live at a place together for a year to establish common law nor to get married.

(e.g. It's illegal to get married for same sex couple in some country and partner cannot get TVR to enter canada or any other country that allows same sex marriage)

 

[sms1982]

OK thanks for a little more insight into this. But is it not a barrier that I cannot do anything other than merely exist in Canada without a work permit? Also after 6 months I'd have to leave the country. How does this not count as a barrier?

 

[Alurra71]

OK thanks for a little more insight into this. But is it not a barrier that I cannot do anything other than merely exist in Canada without a work permit? Also after 6 months I'd have to leave the country. How does this not count as a barrier?

Because you can apply to extend your visit, or she can return to the UK with you to finish up the 12 months to become common law. As far as just 'existing' yes, that is exactly what you would be doing until you either marry or become common law and can file a proper application. There are no barriers for you and your loved one.

Sorry this is not the news you wanted to hear, but it's better to know now then to lose months and months of time waiting for something that won't happen.

 

[KandyK]

OK thanks for a little more insight into this. But is it not a barrier that I cannot do anything other than merely exist in Canada without a work permit? Also after 6 months I'd have to leave the country. How does this not count as a barrier?

Unfortunately u would not qualify like the previous people have said to you. I was going to say the same thing they said but no point in repeating it.

You can always extend your visitor visa one month before it expire and then stay in Canada until you get a reply for that (whilst your app is in process)

 

[Rob_TO]

OK thanks for a little more insight into this. But is it not a barrier that I cannot do anything other than merely exist in Canada without a work permit? Also after 6 months I'd have to leave the country. How does this not count as a barrier?

No. A "Barrier" is a real legal or immigration barrier i.e. being married to a previous spouse with divorce being illegal in your country, a same-sex couple with same-sex marriage being illegal in home country, or physically being unable to travel to a country due to being rejected for a visitor visa.

You (and pretty much any UK citizen) face no legitimate legal or immigration barriers to becoming common-law or married, so a conjugal app is 100% guaranteed to be rejected. You must get married or become legally common-law to be sponsored for PR, these are your only 2 options. You should cancel the PR app you submitted, and hopefully get your processing fees refunded as well as the fee for OWP that you weren't qualified for anyways.

It actually states in the IRCC manuals that a conjugal app is legally not possible to submit while one is inside Canada since someone inside Canada has zero need for conjugal category.

I need to be in Quebec ASAP to help my French skills etc as I know Quebec Gov. will ask for me to pass French exams for me to e considered for permanent residency. I won't get that skill reading a French textbook back at home.

When you eventually get married or become common-law and qualify to submit a PR app, note that there is no french requirements for immigrating to Quebec under a family class app (and no english requirement for any other province). So this should not be a concern whatsoever.

 

[WeegieInOttawa]

Dependent on your age and the requiremntents now (im not familiar with them as i did this many years ago) you may be able to participate in IEC and get a work permit that way. From what i can gather now its a pool situation where successful applicants go into a pool to invited. There will be info on this on the CIC website.

Conjugal is a no go for sure, there is no way you will be approved on this. OWP is also a no go as youre in the UK. Common law yes you could apply after a year living together continuously, which as others have said you could do by coming here as a visitor (or on the IEC if you get selected). Or you get married and apply down the spousal route right away.

It sounds like you didnt do the adequate research. Its a tricky business this immigration stuff, but we are a helpful bunch.

 

[WeegieInOttawa]

OK thanks for a little more insight into this. But is it not a barrier that I cannot do anything other than merely exist in Canada without a work permit? Also after 6 months I'd have to leave the country. How does this not count as a barrier?

You could apply for a visitor extension after your initial 6 months, without leaving country, allowing you to make it to the year needed for common law sponsorship. But you couldnt work.

 

[canuck_in_uk]

OK thanks for a little more insight into this. But is it not a barrier that I cannot do anything other than merely exist in Canada without a work permit? Also after 6 months I'd have to leave the country. How does this not count as a barrier?

I agree with the others. Your conjugal app will be refused. This will likely take up to a year, as conjugal apps have a long processing time. You also didn't even qualify to apply for an OWP with the PR app, as you didn't apply inland; this is clearly explained in the app.

Withdraw the conjugal app ASAP. Apply after you get married or become common-law.