PLS GIVE ME ANSWERS (conjugal partner)

[GT1223]

hi ! its me again. this time i need some good answers. pls share if you got some. thanks....
>> came to ontario july 2016 with wife and kid as tourists
>> applied extension and was granted til december 2017
>> i met a "GIRL" ( PR in canada ) december 2016 and had a "relationship" with her
>> I am MARRIED in the philippines and so is the "GIRL"
>> GIRL applied for separation (cra, residence, joint accnts etc) with exhusband last january here in ON.
>> i left my wife and lived with the "GIRL" for two months now.
>> we have joint bank accounts, dated everyday since moving together, made short travels in ontario

QUESTION:
-- rule out marriage for convenience. we are in love with each other. the thing is, im going back home in a few months, and she wanted to sponsor me. what are the possible means.. ? and what are the chances?
if i choose not to go home just to comply the one year COHABITUATION period, is it advisable?

thank u for your time. looking forward for your wonderful thoughts on this issue

 

[haXudon]

were you married with your wife in the philippines? if that's the case, you have to be legally separated first before you can get married again.

cohabitation is still spousal sponsorship, i don't think you can be sponsored that way if you are still married to someone else. in one of the forms it will ask the question, are you previously married? then somewhere there you need to provide proof that your previous marriage is already dissolved.

 

[scylla]

Live together for one year and then apply as a common law couple. CIC will probably say you don't qualify as conjugal since you can live together.

 

[scylla]

cohabitation is still spousal sponsorship, i don't think you can be sponsored that way if you are still married to someone else. in one of the forms it will ask the question, are you previously married? then somewhere there you need to provide proof that your previous marriage is already dissolved.

Incorrect. You can sponsor someone if you are still married provided you show that you have separated.

We have plenty of people here who are still married on paper (but are separated) and have successfully sponsored someone through common law.

 

[canuck_in_uk]

hi ! its me again. this time i need some good answers. pls share if you got some. thanks....
>> came to ontario july 2016 with wife and kid as tourists
>> applied extension and was granted til december 2017
>> i met a "GIRL" ( PR in canada ) december 2016 and had a "relationship" with her
>> I am MARRIED in the philippines and so is the "GIRL"
>> GIRL applied for separation (cra, residence, joint accnts etc) with exhusband last january here in ON.
>> i left my wife and lived with the "GIRL" for two months now.
>> we have joint bank accounts, dated everyday since moving together, made short travels in ontario

QUESTION:
-- rule out marriage for convenience. we are in love with each other. the thing is, im going back home in a few months, and she wanted to sponsor me. what are the possible means.. ? and what are the chances?
if i choose not to go home just to comply the one year COHABITUATION period, is it advisable?

thank u for your time. looking forward for your wonderful thoughts on this issue

I agree with scylla. As you are living together in Canada, there is currently no immigration barrier preventing you from becoming common-law, so you don't qualify for conjugal.

 

[GT1223]

were you married with your wife in the philippines? if that's the case, you have to be legally separated first before you can get married again.

cohabitation is still spousal sponsorship, i don't think you can be sponsored that way if you are still married to someone else. in one of the forms it will ask the question, are you previously married? then somewhere there you need to provide proof that your previous marriage is already dissolved.

>> yes I am married with my wife in the philippines and the GIRL is married with her exhusband in the philippines as well.
>> what do you mean we must be legally separated? annulment? or in canada by living separately with your wife and move in with your partner?

 

[GT1223]

Live together for one year and then apply as a common law couple. CIC will probably say you don't qualify as conjugal since you can live together.

>> yes, thats why we are starting to live together in the same address two months ago til now..
>> so CIC will not consider us as "conjugal"? so what then? and are we doing the right thing by living together, it is possible that the Girl (PR) can sponsor me later on?

 

[GT1223]

Incorrect. You can sponsor someone if you are still married provided you show that you have separated.

We have plenty of people here who are still married on paper (but are separated) and have successfully sponsored someone through common law.

>> @scylla.. maybe those people are not the same case as mine? coz i am a tourist and so is my wife..

 

[GT1223]

I agree with scylla. As you are living together in Canada, there is currently no immigration barrier preventing you from becoming common-law, so you don't qualify for conjugal.

>> yes it may be true.. but considering i am a tourist and i may not be able to finish the "ONE YEAR cohabituation requirement of CIC.. unless i decide to extend my stay as tourist, and it is not a guarantee that CIC can approve my extension

 

[scylla]

>> @scylla.. maybe those people are not the same case as mine? coz i am a tourist and so is my wife..

Doesn't matter. The answer is still the same. Once you've lived together for a year - you can be sponsored under common law. You don't meet the criteria for conjugal.

 

[scylla]

>> yes it may be true.. but considering i am a tourist and i may not be able to finish the "ONE YEAR cohabituation requirement of CIC.. unless i decide to extend my stay as tourist, and it is not a guarantee that CIC can approve my extension

It's very easy to get an extension approved if the reason for the extension is to live together for a year to qualify as a common law couple for sponsorship. Approval is pretty much guaranteed. Again, you don't meet the requirements for a conjugal application. There are no barriers to the two of you becoming common law.

 

[scylla]

>> yes, thats why we are starting to live together in the same address two months ago til now..
>> so CIC will not consider us as "conjugal"? so what then? and are we doing the right thing by living together, it is possible that the Girl (PR) can sponsor me later on?

You need to live together continuously (without a break) for 12 months. Once you do that, you will be common law. You need to have evidence that you have lived together for the full 12 months (e.g. joint lease, joint bank accounts, joint utility bills, etc.).

 

[GT1223]

Doesn't matter. The answer is still the same. Once you've lived together for a year - you can be sponsored under common law. You don't meet the criteria for conjugal.

> thank you for the straight answer. i learned a lot. the risky part is this, im allowed to stay legally in canada til december only. so if i pushed myself for that one year requiremnt, that means i may be out of status by then. im afraid it might complicate or be a ground against me later on if we apply for common law sponsorship?

 

[scylla]

> thank you for the straight answer. i learned a lot. the risky part is this, im allowed to stay legally in canada til december only. so if i pushed myself for that one year requiremnt, that means i may be out of status by then. im afraid it might complicate or be a ground against me later on if we apply for common law sponsorship?

You're over complicating things. If you need more time in Canada to become common law - then you simply apply for another visitor visa extension.

 

[GT1223]

You're over complicating things. If you need more time in Canada to become common law - then you simply apply for another visitor visa extension.

>> yes, you are correct . so if i understood this correctly, i will apply for another extension and in case im not granted, i will still stay (no status) just to meet the one year requirement? because the approval is at the disgression of the immig officer.
>> by the way, thank you so mucj for your kindness and patience in answering my queries. i would love to hear more good thoughts from you