Same-Sex Conjugational relationship application

[toxicair]

Hey everyone.

I really need advice! Please take a minute to read.

SO I have done some reading and discovered that you can now apply as a conjugational couple especially if you are in a same sex relationship. I Would just like to know a few things and how valid our situation is to actually apply for this. Here is our situation:

I'm 22, he's 23. He works in Manitoba (he's the Canadian) and I'm graduating in a few weeks with a science degree in South Africa. We have been dating since October 2009-so we have been together for more than 3 years now. I have been there twice and have been in Canada a total of 7 months (we lived togther over this period of time). I did not have more time to stay there because my studies were intense and also I can only stay 6 months at a time and also tickets aer VERY expensive and Im only a student. I still have a visitors visa that lasts another 3 years. We have plenty of proof of our relationship (pictures, gifts, messages, letters, etc.) and his whole family is aware of us BUT not mine. You see his family is Catholic whereas mine are Muslim. This is the reason why we can't get married because I am not living there and can't stay there for more than 6 months, and also because of my religion..

But we are considering getting married anyway in the future. When my family found out about us, they did NOT react well and things got rough for me since I still live at home. Long story short I had to ensure them that we arent together anymore etc. (although a few close family members of mine are aware of us and support us). So after my stay with him for almost 6 months I had to come back because I couldnt stay there any longer-legally. So I came to finish my degree and now I am in this position where I am dying to go back. We can't get married because well it will only be his family there and I am afraid of mine finding out because I will have to come back while the spousal application is in process right? Because I cant stay there and not work for almost a year i think it will be better if i do work here instead.

It's depressing being away from him and we really want things to work out so I can stay there.

What do you guys think? And what should I consider?

Thank you in advance

 

[tink23]

I don't know much about applying as conjugal, but what I do know is that it is very hard to prove. From the sounds of what you wrote, you will not qualify for conjugal class. If you can come to Canada (which clearly you can as you said u have spent a total of 7 months of your two visits to Canada) then you could have in fact gotten married to your spouse- and even your family wouldn't have to know. Because you were in Canada and could have easily gotten married, this is why I think you will have an extremely difficult time proving that you are in fact able to apply as conjugal without having lived together for a minimum of 12 months straight.

Conjugal class is reserved for those who are unable to marry and unable to live together for 1 year. You and your partner could have lived together for 1 year (you were in Canada for up to 6 months and then your partner could have moved to South Africa for 6 months). You also could have married in Canada while you were here (I don't know if South Africa allows for same sex marriage). Not moving to each others' countries to comeplete the 12 months of cohabitation due to work, etc, is not seen as a barrier to common law. Your family not approving your relationship is not seen as a barrier to not getting married either. There is always a chance you can be approved as a conjugal relationship (from what others post on here, that seems to be 1-3% chance) however the chances are slim.

Your best bet is probably to travel to Canada on a vacation again and get married to your partner while you're in Manitoba. Then you can submit your application for PR to CIC-M and it will definitely be much more likely that you will be approved for PR. Good luck.

 

[gsize]

Hey everyone.

I really need advice! Please take a minute to read.

SO I have done some reading and discovered that you can now apply as a conjugational couple especially if you are in a same sex relationship. I Would just like to know a few things and how valid our situation is to actually apply for this. Here is our situation:

I'm 22, he's 23. He works in Manitoba (he's the Canadian) and I'm graduating in a few weeks with a science degree in South Africa. We have been dating since October 2009-so we have been together for more than 3 years now. I have been there twice and have been in Canada a total of 7 months (we lived togther over this period of time). I did not have more time to stay there because my studies were intense and also I can only stay 6 months at a time and also tickets aer VERY expensive and Im only a student. I still have a visitors visa that lasts another 3 years. We have plenty of proof of our relationship (pictures, gifts, messages, letters, etc.) and his whole family is aware of us BUT not mine. You see his family is Catholic whereas mine are Muslim. This is the reason why we can't get married because I am not living there and can't stay there for more than 6 months, and also because of my religion..

But we are considering getting married anyway in the future. When my family found out about us, they did NOT react well and things got rough for me since I still live at home. Long story short I had to ensure them that we arent together anymore etc. (although a few close family members of mine are aware of us and support us). So after my stay with him for almost 6 months I had to come back because I couldnt stay there any longer-legally. So I came to finish my degree and now I am in this position where I am dying to go back. We can't get married because well it will only be his family there and I am afraid of mine finding out because I will have to come back while the spousal application is in process right? Because I cant stay there and not work for almost a year i think it will be better if i do work here instead.

It's depressing being away from him and we really want things to work out so I can stay there.

What do you guys think? And what should I consider?

Thank you in advance

you will read a lot....and its true.....conjugal is VERY difficult way to come here. Most are refused. I would tend to say...get married but then again....they say one should get married for the right reasons NOT for Immigration reasons.

 

[BC_guy]

tink23 is correct.

Your conjugal application will not be approved. There is no legal barrier preventing you from being married... especially since you can freely travel to Canada! Therefore the conjugal visa does not apply to you. Conjugal means "married-like". Therefore since you are easily able to be married, Canada Immigration will not consider such an application.

If you don't want to get married, your only other option is to live common-law for 1 year, then apply.

 

[cempjwi]

If you two want to stay together, you must simplify. Get married at the courthouse (in Canada or in South Africa as both countries have same-sex marriage) and then apply. No one else has to know. In your condition you cannot afford thinking about culture or an actual wedding. Your family will never find out unless you are careless. Unfortunately, South Africa's VO takes over two years to process a spousal permanent residency.

 

[toxicair]

Thank you for your replies!

I have given it some proper thought and well.. we really want to get married since we have been engaged for 2 years now. I think it will be best if we do and my family simply just does not find out.. Like cempjwi said, no one has to know on my side. We will do it right though. Small and simple but still special and once that is done, apply for PR. Hmmm.. I have also heard that it takes long BUT recently I heard that it takes about a year or so since the SA VO is not THAAAT busy but you never know. We will just hope that we can get it finalized shorter. I am so tired of being here but will tough it out.

Thanks again everyone. I really appreciate your input and wish you all well!

 

[Steph C]

Thank you for your replies!

I have given it some proper thought and well.. we really want to get married since we have been engaged for 2 years now. I think it will be best if we do and my family simply just does not find out.. Like cempjwi said, no one has to know on my side. We will do it right though. Small and simple but still special and once that is done, apply for PR. Hmmm.. I have also heard that it takes long BUT recently I heard that it takes about a year or so since the SA VO is not THAAAT busy but you never know. We will just hope that we can get it finalized shorter. I am so tired of being here but will tough it out.

Thanks again everyone. I really appreciate your input and wish you all well!

You could go to Canada and get married. Then couldn't you apply from inland as opposed to outland?

 

[toxicair]

If I do inland I will be stuck in the country without being able to leave to visit my mom (since we dont know how it will take) and also I wont be able to work or study.. My fiance does not earn that much in order for us to live a nice and convenient life. So rather outland then I would make money to save up and he would be able to visit me and me visit him. I've heard it takes about a year. Plus, I would be building some good work experience which will help in the process of finding a job.

 

[cempjwi]

If I do inland I will be stuck in the country without being able to leave to visit my mom (since we dont know how it will take) and also I wont be able to work or study.. My fiance does not earn that much in order for us to live a nice and convenient life. So rather outland then I would make money to save up and he would be able to visit me and me visit him. I've heard it takes about a year. Plus, I would be building some good work experience which will help in the process of finding a job.

Actually, if you go to Canada to marry and then apply your application will still be processed outland because you will not be in Canada under a 1yr-minimum admission (as a tourist you are only admittred for 90 days in the case of the visa waiver program, or for a maximum of 180days with a tourist visa); the 1yr admission is required by CIC for the inland processing. Even if you could apply inland while in Canada you will not be stuck, you still can leave, but you may have issues to come back into Canada.

Are you NOT from South Africa? I ask because you mentioned that you are studying in South Africa, but you didn't say you were a South African national. If you are from elsewhere you could look into the Visa Office processing times for the country you are from. If processing times are shorter you may be able to apply as if you were there (your country of origin) instead of under your 'student status' in South Africa. I am however, not sure 100% if you can request to use the Visa office of where you are from instead of the one where you currently reside.

Your other option is for you to sponsor him to immigrate to South Africa (if you are South African or a perm resident of South Africa) while your application for Canada is being processed. South African policies may be different (for example, in the US if you get married you are eligible for a work permit in 90 days after an immigration application is submitted and is being processed... Canada is unfortunately not like that). On the flip side, if your BF is in S. Africa as a resident, he may need to prove that he will go back to Canada once your perm residency is approved.

This site explains a bit about SA spousal immigration http://www.globalvisas.com/south_africa/south_africa_spousal_visa.html

Good luck to you.

 

[AnaMaria]

Actually, if you go to Canada to marry and then apply your application will still be processed outland because you will not be in Canada under a 1yr-minimum admission (as a tourist you are only admittred for 90 days in the case of the visa waiver program, or for a maximum of 180days with a tourist visa); the 1yr admission is required by CIC for the inland processing. Even if you could apply inland while in Canada you will not be stuck, you still can leave, but you may have issues to come back into Canada.

1 year minimum admission requirement is applied to when someone wants to go though outland process at the different VO from the VO the applicant's nationality is processed. OP can apply inland even if he is a visitor to Canada (usually, not guaranteed, in Canada a visitor is permitted to stay 6 months, as opposed to 90 days in the US for visitors on VWP). If applied inland, the applicant is eligible for OWP after the stage 1 is approved.

Plus, I would be building some good work experience which will help in the process of finding a job.

Depending on your profession, I would not count on work experience outside of Canada. Educations and professional experiences outside Canada is not recognized in the labour market in Canada with few exceptions. Saving up money before immigrating to Canada would be greatly encouraged.