Immigration Barrier, please help!

[ALMALL]

Try your luck get TRV here in Canada.. If didnt work, sacrifice married in other country. I did mine but refused here but we still continued the journey in Denmark. Its hard to apply conjugal 50-50 chances.. But there is no harm with trying. Present all your proof and that will depend on th VO. God bless with your relationship.

 

[WeeHippieElf]

Try your luck get TRV here in Canada.. If didnt work, sacrifice married in other country. I did mine but refused here but we still continued the journey in Denmark. Its hard to apply conjugal 50-50 chances.. But there is no harm with trying. Present all your proof and that will depend on th VO. God bless with your relationship.

well, the harm with trying is the expense of an application that will likely be denied in this case.

 

[ALMALL]

well, the harm with trying is the expense of an application that will likely be denied in this case.

Yes that's the real harm is the expenses. Same thing with marriage in third party its expense but if asking advise to everybody the good advise is going to other country and have marriage or go home with her loveones and stay for a year to be called common law partner

 

[Rob_TO]

rob im only permanent resident... im still allowed to reside in the philippines right?

As a Canadian PR, you are allowed to be outside Canada up to 3 years and still meet the residency obligation.

If you are also a Philippines citizen, that will make conjugal even more difficult since there is no immigration barrier preventing you from living in the Philippines with her for 1 year to become common-law.

With a conjugal app you would have to hope a visa officer accepts your reasons such as living together as same-sex couple would not be accepted in the Philippines, that you can't leave your life in Canada for 1 full year, or that it's impossible to get married in any country outside the Philippines. There are very risky reasons to attempt a conjugal app under, with high chance of refusal.

 

[sexychill]

i could be wrong, but my understanding is that, when they speak of not being able to get married, it's because same-sex marriage is illegal in the person's country - not that their parents don't know or don't approve. and again, my understanding is that, since same-sex marriage is legal in Canada, the question will be 'why didn't you try to get married here?'.. which can be explained by a refused TRV.. or, if she applies for a TRV and gets it, then you can get married here and apply as a married couple as opposed to conjugal.

if i tried to marry her, it will contradict the conjugal sponsorship.

it said there, if u tried to marry your partner, you may not considered as a conjugal.

and its said there if possible show visa denials, means its not necessary.

I don't know I'm so confused.

 

[WeeHippieElf]

if i tried to marry her, it will contradict the conjugal sponsorship.

it said there, if u tried to marry your partner, you may not considered as a conjugal.

but you wouldn't have to *try* to marry her in Canada. you could just marry her in Canada. then you're married, and don't have to try to convince CIC to approve a conjugal application.

is there a reason you have not applied for her to come to Canada as a visitor and get married here?

 

[sexychill]

yes,

she doesn't have a strong ties in the Philippines, and she just started working for her new work.
she doesn't have any assets at all, the money she has its our joint investment. thats the only thing she can show to the CIC

 

[WeeHippieElf]

yes,

she doesn't have a strong ties in the Philippines, and she just started working for her new work.
she doesn't have any assets at all, the money she has its our joint investment. thats the only thing she can show to the CIC

again, unfortunately, those are not legal barriers to getting married, especially if she hasn't even attempted a TRV to come to Canada.

i wish you both the best of luck with your conjugal application, but if i were you, that wouldn't be the first option i'd choose given the situation. make sure you have a back up plan if you want her to eventually immigrate to Canada.

 

[Rob_TO]

if i tried to marry her, it will contradict the conjugal sponsorship.

it said there, if u tried to marry your partner, you may not considered as a conjugal.

and its said there if possible show visa denials, means its not necessary.

I don't know I'm so confused.

No that is wrong. Conjugal partners want to get married, but some legal barrier usually prevents it. Conjugal partners are supposed to "try" to get married. Only when they have "tried" many avenues but failed, can they then be considered to apply under conjugal.

You also really need to show visa denial. If you don't, you can pretty much count on your conjugal app eventually being rejected.

 

[canuck_in_uk]

if i tried to marry her, it will contradict the conjugal sponsorship.

it said there, if u tried to marry your partner, you may not considered as a conjugal.

and its said there if possible show visa denials, means its not necessary.

Look, you should just forget about conjugal. You are from the Philippines, so there is absolutely no legal or immigration barrier preventing you from living with your partner in the Philippines and becoming common-law. It is your own personal choice that you don't want to do that.

Try for the TRV. If it's approved, get married in Canada and apply. If it's refused, get married in a third country and apply.

 

[Caribou]

Look, you should just forget about conjugal. You are from the Philippines, so there is absolutely no legal or immigration barrier preventing you from living with your partner in the Philippines and becoming common-law. It is your own personal choice that you don't want to do that.

Try for the TRV. If it's approved, get married in Canada and apply. If it's refused, get married in a third country and apply.

Right on.
OP, don't you want to marry her eventually?
I have permanent residency and have citizenship of country where same-sex marriage is not legal.
But, it doesn't prevent you from getting married to woman in other countries.

A scenario where conjugate relationship might work is that a sponsored person and sponsor cannot live together nor get married due to immigration barrier. If your gf can travel to other country where same-sex marriage is legal and you can travel there too, then conjugal relationship app. will probably get denied.

I know how much you want to help her out---but you still haven't explored all the options.

1. have your gf get tourist visa to Canada and get married, then file spousal app.
2. if canadian trv is denied, have your gf get visa to Australia, U.S., or any other place same-sex marriage is legal, and you also travel there and get married, then file.
3. you go to Philippines, and stay for 1 yr as common-law, then file app after you come back to Canada.

Unless any of those scenario is impossible, immigration officer will likely deny your case.

I wanted to do common-law with my partner, but it was impossible and too costly, so we just got married in Canada and filed outland.
It doesn't matter whether I hold citizenship of country where same sex is illegal or not. I just have to prove genuineness of relationship and marriage certificate from Canada.

I'm still listed as "not married" in household registry in the country I hold passport (there is no option to say married to same sex anyway). Once I get Canadian passport and forfeit that, it wouldn't really matter.
I check "married" everywhere on my Canadian documents, and file tax as married person in Canada.

You keep mentioning about her family not knowing relationship, but if she eventually comes over here and live with you, she cannot just lie for the rest of her life.
Marriage and relationship takes more than just helping someone to "immigrate" to new country.
For same-sex couple, I found that as long as you "marry" the person and takes that responsibility with you, the app doesn't get treated any different than that of straight person.

 

[sexychill]

thank u so much, that is really helpful.. i guess conjugal is not good to us... all we can do probably wait and save time and apply for her trv...

but do you think its ok to say in her invation letter that i want to marry her in canada?

 

[kangamoose]

2. if canadian trv is denied, have your gf get visa to Australia, U.S., or any other place same-sex marriage is legal, and you also travel there and get married, then file.

Just need to point out that same sex marriage is not yet legal in Aus. It is in New Zealand though..