Kinda complicated. Need help!!

[Stevin]

Long story short...

Met American BF Apr 2014
Messy separation: Separated from ex Jan 2014 - separation signed by lawyers stating only separated legally since Jan 2015
Want to send app June 01, 2015 to sponsor American BF

I plan on offering a statement that ex and I separated early 2014, but due to difficulties, agreed on a Jan 1, 2015 separation date.

Is this acceptable?? Other than the dates, we have all the proof that our relationship is genuine (cards, pics, boarding passes etc,. Etc)

Thank you :-*

 

[kiwi123]

The most important date to CIC is the date that you and your boyfriend started living together. You must have been living together for atleast a year before you submit your application. You will need sufficient proof to show cohabitation as well, ie lease, utility bills in both names. If you can prove this you will be ok. The fact you only got legal documents regarding previous break up signed later won't affect your application.

 

[scylla]

Based on your historical posts - your boyfriend was still living in the US as of February this year. As kiwi123 explained, you won't qualify to sponsor him until you have cohabitated for at least one continuous year. Based on your past posts, June will be far too early to sponsor him (you won't qualify). You will have to wait until sometime next year.

 

[Stevin]

Based on your historical posts - your boyfriend was still living in the US as of February this year. As kiwi123 explained, you won't qualify to sponsor him until you have cohabitated for at least one continuous year. Based on your past posts, June will be far too early to sponsor him (you won't qualify). You will have to wait until sometime next year.

Thank you for your replies. As per the conjugal partner sponsorship program, we have to prove that we have been in a genuine relationship for 12+ month and prove why we could not reside together.

He is still a resident of the US, we have not lived together for reasons such as he was unable to attain a LMIA/LMO supported job offer here. He simply cannot come here as a visitor as he still has to support himself (not possible without a job).

I think you were referring to the common-law sponsorship program.

Thank you again :-*

 

[scylla]

Thank you for your replies. As per the conjugal partner sponsorship program, we have to prove that we have been in a genuine relationship for 12+ month and prove why we could not reside together.

You don't qualify under conjugal. To qualify under conjugal you must prove that you have immigration barriers preventing you from getting married or living common law. Financial reasons or the inability to secure an LMIA are not accepted as immigration barriers.

So you either need to become common law or get married to sponsor him. Conjugal isn't an option.

 

[rhcohen2014]

Thank you for your replies. As per the conjugal partner sponsorship program, we have to prove that we have been in a genuine relationship for 12+ month and prove why we could not reside together.

He is still a resident of the US, we have not lived together for reasons such as he was unable to attain a LMIA/LMO supported job offer here. He simply cannot come here as a visitor as he still has to support himself (not possible without a job).

as scylla mentioned, you don't qualify for conjugal. there's nothing stopping him from entering canada as a visitor and working remotely for a us company to support himself if he wants. the fact he doesn't have a job now that can be remote isn't considered an "immigration barrier". neither is not visiting canada and extending his stay because "he still has to support himself". there are options available to you, therefore applying conjugal would just result in rejection. conjugal is not meant for us/canadian couples. it is meant for couples who have actual barriers to being together.

 

[bigredmoose]

Like everyone has said, conjugal isn't going to work for you.

Easiest and quickest is to get married. If you don't want that, then you can move there and live with him for a year, or he visits you for a year.

 

[SchnookoLoly]

+1, you won't qualify for conjugal. Conjugal would be, for example, a same-sex couple who lives in a country where homosexuality is illegal, so not only can they not legally get married, but they also cannot live together for fear of persecution. A homosexual couple in Russia, for example, could put together a case. (However if that couple were to be able to acquire visitor visas for another country where same-sex marriage IS legal, like Canada or the UK or whatever, then they would have to do that instead of applying as conjugal; should their application for a visa get rejected then that could be included in a conjugal application but they'd have to prove they at least tried to get married in another country.)

Or take a couple from the Philippines, where divorce is not legal or recognized. If someone was previously married, they cannot possibly get married a second time because they cannot legally end their first marriage.

There is nothing stopping you two from getting married in either Canada or the US, or living together with one as a visitor (6 months in one country, 6 months in the other country). As mentioned, CIC does not view inability to work as a legitimate barrier to being together.

 

[Stevin]

Thank you for all the replies.

The only option for us is the conjugal sponsorship. Coming here as a visitor is not an option as he would not be able to work, thus support himself. I cannot visit there due to the same reason and the fact that I have two children.

I understand what you mean about the same-sex scenario, though. That makes sense. Marriage is not a viable option either as I am still legally married, only legally separated. And he is divorced. Marriage is not something we would consider for personal reasons.

I might create a thread asking if anyone has sought successful conjugal sponsorship between a U.S.-Can couple. Thank you again!!

 

[bigredmoose]

Thank you for all the replies.

The only option for us is the conjugal sponsorship. Coming here as a visitor is not an option as he would not be able to work, thus support himself. I cannot visit there due to the same reason and the fact that I have two children.

I understand what you mean about the same-sex scenario, though. That makes sense. Marriage is not a viable option either as I am still legally married, only legally separated. And he is divorced. Marriage is not something we would consider for personal reasons.

I might create a thread asking if anyone has sought successful conjugal sponsorship between a U.S.-Can couple. Thank you again!!

Your application will fail as there is nothing stopping you from getting married.

 

[SchnookoLoly]

I cannot stress this enough. You will NOT be successful with conjugal. It will be wasted money and time. You'll piss away about $1500 applying as conjugal, only to have it rejected.

You will have to wait until your divorce is finalized, and then you will have to marry your partner. Then apply as a married couple. The is ABSOLUTELY NO BARRIER that restricts you from getting married, other than your divorce not being finalized. That is not a sufficient barrier in CIC's eyes because it's just a matter of time.

The only way you could possibly qualify as conjugal would be if you were found to be inadmissible to each other's country, but even then, it would not stop you from travelling to a third country to get married once your divorce was final.

I cannot stress enough that filing conjugal would be a complete waste of time and money.

 

[Ponga]

Get married (if it's the right thing for you both, aside from wanting to come to Canada).

Submit an Outland application while he remains in the U.S.

Once he receives his PR approval, he comes to Canada and finds a job.


Live happily ever after.

 

[bigredmoose]

You are trying to sponsor him as your spouse; it's a spousal application. For this to work, he needs to be your spouse unless there are resons beyond your control why you can't be married (either officially or common law). You still being married and your personal reasons for not wanting to remarry are entirely within your control. Basically, you could get married if you wanted to.

Conjugal is meant for people who can't be married. You CAN, but choose not to. Conjugal is not meant to give people a means to do an end run around the rules. It's meant for people who can't follow the rules. Can't, not won't.

 

[Mapleson]

If your separation started in January 2015, then you cannot get divorced until January 2016. If you want to file a family class application, you either need to wait until January 2016 and get married or start living together and wait until at least April 2016. Otherwise, you can look at the Economic Class applications.

From the CIC website, a conjugal relationship is:

A conjugal partner is a foreign national residing outside Canada who is in a conjugal relationship with a sponsor for at least one year, but could not live with the sponsor as a couple. This term applies to both heterosexual and homosexual couples. This category was established for partners of sponsors who normally would present an application as spouse or common-law partner but cannot due to circumstances beyond their control (e. g., immigration barrier, religious reasons or sexual orientation). Thus, they could not live together for a period of at least one year.

In most cases, the foreign partner is also not able to legally marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, meaning they have been in a bona fide (genuine) conjugal relationship for a period of at least one year.

However, a significant degree of attachment and mutually interdependence between both partners must be demonstrated. They must also provide proof of the obstacles or restrictions that prevent cohabitation or marriage.

 

[kiwi123]

Also, I don't believe you sound like you have the required proof to show you are in a conjugal style relationship. This requires much more that just cards, boarding passing, communications etc. Couples who live in the same city but choose not to live together have these things.

CIC want to see a much deeper level of involvement, it involves owning property together, life insurance, bank accounts, wills stating each other as beneficiaries, probably him showing some level of parenting your children......