Gay marriage in another country recognized in Canada vs conjugal partner

[Rob_TO]

and you don't have to marry to convince your relationship.

what you need to do is to prove your relationship is REAL.

Proving the relationship is real is just 1 step. You also need to prove there are real legal or immigration barriers to getting married or becoming common-law. This is more than just proving the relationship.

For every 1 conjugal app that is approved, 10 more may be rejected due to no acceptable barriers to marriage/common-law. 1 person's successful conjugal app may not apply to someone else's situation.

 

[conjugalpartner]

Proving the relationship is real is just 1 step. You also need to prove there are real legal or immigration barriers to getting married or becoming common-law. This is more than just proving the relationship.

For every 1 conjugal app that is approved, 10 more may be rejected due to no acceptable barriers to marriage/common-law. 1 person's successful conjugal app may not apply to someone else's situation.

I don't agree. Of course not every application would be approved. But it is not as conjugal partner to be rejected.

CIC could not push you to marry before application cause the same-sex marriage elsewhere is meaningless if the application is not approval. If you did, CIC may consider it as marriage of convenience. My opinion is not wasting the money to get married elsewhere, just taking good use of the money to travel or stay together elsewhere and do keep the detailed evidences at the same time.

Immigration barrier is not just the scenario of failing to get the temporary resident status in Canada. I applied as conjugal partner while I was in Canada as a visitor. Same-sex relationship itself could be well enough to be the evidence of immigration barrier if your country of origin don't recognize same-sex relationship.

 

[Rob_TO]

I don't agree. Of course not every application would be approved. But it is not as conjugal partner to be rejected.

CIC could not push you to marry before application cause the same-sex marriage elsewhere is meaningless if the application is not approval. If you did, CIC may consider it as marriage of convenience. My opinion is not wasting the money to get married elsewhere, just taking good use of the money to travel or stay together elsewhere and do keep the detailed evidences at the same time.

Immigration barrier is not just the scenario of failing to get the temporary resident status in Canada. I applied as conjugal partner while I was in Canada as a visitor. Same-sex relationship itself could be well enough to be the evidence of immigration barrier if your country of origin don't recognize same-sex relationship.

I have no idea on the particulars of your application, but if you were in Canada at the time you applied for conjugal, and assuming you or your partner weren't married to someone else, you should not have been able to apply under conjugal. Your case seems to be an exception, not the normal processing for conjugal.

Under the application types, it is not even possible to lodge a conjugal application under the "in Canada" class. IRCC only accepts conjugal apps through "outside Canada" class apps. This is because if both partners are already in Canada, there is no longer a barrier to marriage/common-law.

There are enough records of failed appeals of conjugal class apps that clearly show a strong legal/immigration barrier to marriage/common-law, is in most apps essential to any conjugal class app. Some visa officers may be more lenient, or more strict, on what barriers they will accept. This is why to be safe, it's always recommended to get married if you can. An app for married couple would have way better chance of success vs a conjugal app. This is just based on the facts of many, many failed conjugal apps.

 

[conjugalpartner]

I have no idea on the particulars of your application, but if you were in Canada at the time you applied for conjugal, and assuming you or your partner weren't married to someone else, you should not have been able to apply under conjugal. Your case seems to be an exception, not the normal processing for conjugal.

Under the application types, it is not even possible to lodge a conjugal application under the "in Canada" class. IRCC only accepts conjugal apps through "outside Canada" class apps. This is because if both partners are already in Canada, there is no longer a barrier to marriage/common-law.

There are enough records of failed appeals of conjugal class apps that clearly show a strong legal/immigration barrier to marriage/common-law, is in most apps essential to any conjugal class app. Some visa officers may be more lenient, or more strict, on what barriers they will accept. This is why to be safe, it's always recommended to get married if you can. An app for married couple would have way better chance of success vs a conjugal app. This is just based on the facts of many, many failed conjugal apps.

When i prepared my conjugal application, believe or not, I considered it as 'in Canada' class, cause I was in Canada. I sent them to IRCC with the open work permit application. Of cause the OWP application got returned. And my sponsor was asked for the divorce certificate. But he didn't divorce and didn't intend to divorce. What he did was to write an explanation why he didn't want to divorce and just kept the marital status of legally separated.

He got SA a longer time around 2 months. But the IRCC finally didn't force him to divorce cause they don't have this kind of 'force'.

Just let IRCC know that your same-sex relationship is real enough! The marriage certificate could not proof it real after all. And IRCC could not set any barriers to reject the real relationship. Cause there is something to do with discrimination if any.

By the way, even my sponsor considered my PR approval was impossible.

 

[Rob_TO]

When i prepared my conjugal application, believe or not, I considered it as 'in Canada' class, cause I was in Canada. I sent them to IRCC with the open work permit application.

The formal rule states quite clearly: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
The conjugal partner category applies only to the family class and only to a foreign national
sponsored by a Canadian citizen or permanent resident living in Canada. This category does not
apply to the spouse or common-law partner in Canada class as the exception would not be
required in Canada

So you should consider yourself very lucky that you got a lenient visa officer processing your app. A stricter one would have quite easily returned your app since it didn't qualify as in-Canada, demanded an interview, or denied you since if you were in Canada at the time there was no barrier to attempting becoming common-law.

And IRCC could not set any barriers to reject the real relationship. Cause there is something to do with discrimination if any.

YES THEY CAN. I'm not sure why you aren't understanding this. There are hundreds of real cases you can read that went through appeals, where people had their conjugal PR apps rejected not due to the relationship not being real, but because there was no real legal or immigration barrier to becoming married or common-law.

Before you give any advice on the topic, I suggest you read thoroughly all the conjugal sections in this OP manual linked above.
It sounds like you fell under this specific example:
5.45. What is a conjugal partner?
For example, the foreign partner may be married but comes from a country where divorce is not
possible or the Canadian and partner may be in a same-sex relationship. In both cases, the
partners probably will not be able to obtain long-stay visas in order to live together in one
another’s country and meet the cohabitation requirement for common-law partners. Because the
other option – marriage – is not available to these couples, they are permanently separated. This
is unfair and discriminatory. The conjugal partner category provides the ability for a Canadian in
these circumstances to sponsor the foreign national partner. It is not intended to be used to avoid
the usual requirement to be a spouse or common-law partner before immigrating.

You will find in the OP manual at least a dozen times where they specifically state barriers must exist to marriage/common-law, to even be considered under conjugal.

You should consider the approval in your case incredibly lucky, and not normal. As mentioned, there have been hundreds of other cases similar to yours that were rejected, and lost in appeals. The main point here is it takes more than just proving a relationship is real . It is very dangerous advice to suggest otherwise, and you could just be leading people to a long process and rejection in the end. It would be the same as someone who won the lottery giving advice to everyone to dump all their retirement funds into lottery tickets, since it worked for them. Odds are it will end in failure for most people.

 

[conjugalpartner]

The formal rule states quite clearly
The conjugal partner category applies only to the family class and only to a foreign national
sponsored by a Canadian citizen or permanent resident living in Canada. This category does not
apply to
required in Canada

So you should consider yourself very lucky that you got a lenient visa officer processing your app. A stricter one would have quite easily returned your app since it didn't qualify as in-Canada, demanded an interview, or denied you since if you were in Canada at the time there was no barrier to attempting becoming common-law.

YES THEY CAN. I'm not sure why you aren't understanding this. There are hundreds of real cases you can read that went through appeals, where people had their conjugal PR apps rejected not due to the relationship not being real, but because there was no real legal or immigration barrier to becoming married or common-law.

Before you give any advice on the topic, I suggest you read thoroughly all the conjugal sections in this OP manual linked above.
It sounds like you fell under this specific example:
5.45. What is a conjugal partner?
For example, the foreign partner may be married but comes from a country where divorce is not
possible or the Canadian and partner may be in a same-sex relationship. In both cases, the
partners probably will not be able to obtain long-stay visas in order to live together in one
another’s country and meet the cohabitation requirement for common-law partners. Because the
other option – marriage – is not available to these couples, they are permanently separated. This
is unfair and discriminatory. The conjugal partner category provides the ability for a Canadian in
these circumstances to sponsor the foreign national partner. It is not intended to be used to avoid
the usual requirement to be a spouse or common-law partner before immigrating.

You will find in the OP manual at least a dozen times where they specifically state barriers must exist to marriage/common-law, to even be considered under conjugal.

You should consider the approval in your case incredibly lucky, and not normal. As mentioned, there have been hundreds of other cases similar to yours that were rejected, and lost in appeals. The main point here is it takes more than just proving a relationship is real . It is very dangerous advice to suggest otherwise, and you could just be leading people to a long process and rejection in the end. It would be the same as someone who won the lottery giving advice to everyone to dump all their retirement funds into lottery tickets, since it worked for them. Odds are it will end in failure for most people.

if you like to quote the OP manual, please just simply check the following as well:

The requirement under the spousal category to be married before immigrating likely would not apply to people in same-sex relationships who are planning to marry, because there are very few jurisdictions where they can get married before coming to Canada. They may apply as common- law or conjugal partners, provided they meet the requirements.

 

[simon2015]

Hi coster,
it is true that marriage would be better choice. I and my parter just got married in last June in Saipan Island which seems to be easier for your part in Ph. Saipan island is part of US territory and so gay marriage is legal and recognized by the CA.
good luck

 

[Rob_TO]

if you like to quote the OP manual, please just simply check the following as well:

The requirement under the spousal category to be married before immigrating likely would not apply to people in same-sex relationships who are planning to marry, because there are very few jurisdictions where they can get married before coming to Canada. They may apply as common- law or conjugal partners, provided they meet the requirements.

Again you are misunderstanding. If marriage is not possible, it's expected that the couple will become common-law first to sponsor. ONLY if there are acceptable barriers to common-law, will conjugal then be accepted.

You seem to have conveniently missed over all of these statements from the manual which state this very clearly:

-------
This category was created for exceptional circumstances – for foreign national partners of
Canadian or permanent resident sponsors who would ordinarily apply as common-law partners

However, if they are not married, they must be common-law partners

If a Canadian and a foreign national can get married or can live
together and establish a common-law relationship, this is what they are expected to have done
before they submit sponsorship and immigration applications.

The conjugal partner category is mainly intended for partners where
neither common-law partner status nor marriage is possible,

The conjugal-partner applicant should explain why they have not been able to live continuously
with their sponsor for at least one year. In most cases, there will be an immigration impediment to
continuous cohabitation

Applicants should be able to provide evidence that they have seriously considered living
together as common-law partners

The key to determining whether an individual is a conjugal partner is whether they are in a conjugal relationship with their
sponsor and whether there is a compelling barrier to continuous cohabitation.

The applicant should be able to explain why they have not been able to
cohabit continuously for one year.
--------

Don't you wonder why conjugal class is not even allowed under "in-Canada" application?? It's because if the applicant is already in Canada, there is no barrier to becoming common-law so conjugal would not apply regardless of the relationship evidence.

Since you were in Canada when you applied, your app should not have been approved. It was due to complete luck or a small miracle that a visa officer somehow saw fit to approve it. Countless others have been rejected under that situation, and future people thinking of applying will most likely also be rejected.

 

[nienie]

you all could apply the conjugal partner category.

and you don't have to marry to convince your relationship.

what you need to do is to prove your relationship is REAL.

i am a successful PR applicant as conjugal partner.

if you have any questions, feel free to ask or message me.

i am happy to help

hi.. nienie here ..how can i reach you?im interested with the process.. thank you...please email me at anielletan@gail.com thank you

 

[roysk]

Hi there,

Needing your help..
Just married last year here in Canada as same sex couple.now my tourist visa will expire this feb 17. My question is, do i need to file for the extension of my visa? Or, i will send my in-land spousal sponsorship with open work permit application and with the benefit of implied status.
Another concern also, if i refused for tourist visa extension, is it a guarantee that getting a restoration will be approved?

Thanks and regards