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Outland or inland application?

Elanigana

Hero Member
Nov 22, 2016
208
41
Category........
FAM
App. Filed.......
05-02-2018
I am an US citizen being sponsored (conjugal relationship ) by my boyfriend of two years. We have two kids together. I am currently on a 6 month visitor report that ends march 24, 2017. So I'm staying in Canada and hope to extend my stay.

We are currently working on our application and are wondering which we should apply for. Outland or inland?

Any help would be wonderful!
 

scylla

VIP Member
Jun 8, 2010
95,848
22,113
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
As a US citizen, you have no chance of being approved as a conjugal couple. You would either need to be married or common law (common law means you have lived together for a minimum of one continuous year).

Outland is a better option once you are either married or common law.
 

Elanigana

Hero Member
Nov 22, 2016
208
41
Category........
FAM
App. Filed.......
05-02-2018
And why is there no chance for us to be approved as conjugal??
 

Ponga

VIP Member
Oct 22, 2013
10,416
1,468
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Elanigana said:
And why is there no chance for us to be approved as conjugal??
Because...you can get married, or extend your visitor status to reach the required one year pf cohabiting to be a common-law partner.

Conjugal sponsorship is for those that cannot do either.
 

Hasan9999

Champion Member
Sep 28, 2013
1,474
169
Ontario
Category........
FAM
Visa Office......
SVO
App. Filed.......
August 2013
LANDED..........
December, 2016
Elanigana said:
And why is there no chance for us to be approved as conjugal??
Living together (cohabition) as a common law partner for at least one year will make you eligible to be approved....You need to submit all documentary evidences to substantiate cohabition with your common law partner for at least one year.

Hasan
 

scylla

VIP Member
Jun 8, 2010
95,848
22,113
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Elanigana said:
And why is there no chance for us to be approved as conjugal??
To succeed with a conjugal application, there must be real immigration barriers preventing you from both getting married and becoming common law. There's nothing stopping you from living together for a year to become common law and also nothing preventing you from getting married. For this reason a conjugal application would fail.
 

Elanigana

Hero Member
Nov 22, 2016
208
41
Category........
FAM
App. Filed.......
05-02-2018
I'm going to call tomorrow again. We were told that we could apply as common-law despite not living together for a year, because we have proof of our relationship ( two kids )

I'm becoming stressed.

Anyone have insight on that?
 

scylla

VIP Member
Jun 8, 2010
95,848
22,113
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Elanigana said:
I'm going to call tomorrow again. We were told that we could apply as common-law despite not living together for a year, because we have proof of our relationship ( two kids )

I'm becoming stressed.

Anyone have insight on that?
Completely incorrect. You need a minimum of one year of continuous cohabitation (i.e. living together) to qualify as common law for immigration purposes. You don't get a pass on the one year because you have kids.
 

scylla

VIP Member
Jun 8, 2010
95,848
22,113
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Elanigana said:
I'm going to call tomorrow again. We were told that we could apply as common-law despite not living together for a year, because we have proof of our relationship ( two kids )
Who did you call BTW? If it was the CIC help desk - they are pretty useless unfortunately and give out wrong answers all of the time.
 

Ponga

VIP Member
Oct 22, 2013
10,416
1,468
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Elanigana said:
I'm going to call tomorrow again. We were told that we could apply as common-law despite not living together for a year, because we have proof of our relationship ( two kids )

I'm becoming stressed.

Anyone have insight on that?
Calling the Call Centre is the worst! You'd think that you get correct answers, but you don't always.

Having children does NOT prove anything when it comes to relationships with CIC.

You must live together (anywhere in the world) for at least 365 days, or get married before you can apply for sponsorship.

The only thing that a child would do, would be to automatically eliminate the Conditional PR (Condition: 51) that applicants receive if they have been together less than 2 years on the day that CIC receives the application.

FWIW, Conditional PR is being repealed by the Liberals next year.
 

Ponga

VIP Member
Oct 22, 2013
10,416
1,468
Job Offer........
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Not what you wanted to hear, but...it will now save you the time, money and disappointment when CIC refused the Conjugal sponsorship. ;)
 

Elanigana

Hero Member
Nov 22, 2016
208
41
Category........
FAM
App. Filed.......
05-02-2018
I would never put in an application without crossing all my T's and dotting my I's.

I just didn't want to have to get married to do this. It seems fake if we get married just to make this happen. But we've literally been making trips every other weekend for over two years now...

NOT easy.

So many hoops!
 

Ponga

VIP Member
Oct 22, 2013
10,416
1,468
Job Offer........
Pre-Assessed..
Do you have solid proof that you've, in essence, been living together since you last entered Canada on your current 6 month `pass'? If so, applying for another 12 months when your status is about to expire, citing the reason being to establish Common-Law, is probably a good plan. This would give you ~ 6 months for the Outland application to be processed without having to renew again.

If marriage really is a viable option, for all the right reasons...it would certainly expedite the process.