sillymemo said:
I lived in Canada almost 4 years but my status was refugge claimant and my claim got denied and I got asked to leave the country and I did so las feb 2010.
I met my current partner (same sex) almost at the end of my stay in Canada, like 4 moths before laeving. ( he tryied to help me sending letters to the immigraton minister and some other ppl but obviously it didnt work, but he tried tho)
I was told when I left that I had to wait a year to apply for any other kind of immigration thing due I got asked to leave the country and i did so. I was not forced to do it tho.
we continued our relationship (long distance) after I left and he has come to visit me during the last 11 months 3 times to Mexico and we've somehow work it out communicating through msn, skype, mail, phone calls and even he has sent me some money sometimes, we love eachother and want to live together.
now he wants to sponsor me to get me back to Canada under the family class (conjugal partner) coz same sex marriage in mexico is not recognized as valid for canadian immigration purposes.
the question is: Does anyone has some knowledge if our application has some possibilities to succed?
thanks guys
Hi SillyMemo,
Before you spend a lot of time applying under conjugal partnership I think you should look at the guides and perhaps consider getting married. It would be terrible to lose all the time waiting only to be denied if there was something you could have done from the beginning to make sure you have the strongest application possible.
I am no expert on Conjugal Partnership but the guides say
You should not apply as a conjugal partner if:
* You could have lived together but chose not to. This shows that you did not have the level of commitment required for a conjugal relationship. (For example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together.)
* You cannot provide evidence there was a reason that kept you from living together.
If your partner is Canadian then normally he would be admitted to Mexico without a problem and therefor perhaps you may not qualify for Conjugal partnership unless you can provide proof that he was denied a FM3 or FMM. (Canadians do not need a visa for stays up to 6 months, so worst case scenario he comes for 6 months on a FMM and then leaves for a while and then returns with another FMM)
You may apply as a conjugal partner if:
you can provide evidence there was a reason you could not live together (for example, you were refused long-term stays in each other's country).
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#conjugal
You can also look at the OP2 Immigration Processing Members of the Family Class Manual to better understand what you need to do to qualify and how your relationship will be assessed.
http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
Section 5.25 Characteristics of conjugal relationships
Section 5.26 Assessment of conjugal relationships
