Sponsoring my GF from Philippines

[ycam]

Hello,

I just have a some questions. I have a girlfriend back in the Philippines and it will be our 2nd year anniversary on october. I'm planning to get a tourist visa for her to Canada and eventually get marry and apply her for a spousal sponsorship. Another option is to apply her as a conjugal partner but I don't know if we qualify for that. I cannot apply for a common law partner because we haven't live together for a year. I know that same sex marriage is not allowed in the Philippines and we can't live together as she is still studying back home and I'm PR in Canada. Hope you can give me an advice on what is the best way for us to be together. I really appreciate it. Thank you!

 

[Leon]

If she is refused a TRV in which case you can't get married in Canada and as a same-sex couple, you don't qualify to marry in the Philippines, then you have a good chance to apply under conjugal.

 

[ycam]

many thanks Leon..

 

[ycam]

Do we qualify for a conjugal partner if we're in a relationship for more that 2 years now but it is only been 6 months since I started to send her money. I bought a house lot and she's my SPA or special power of attorney and soon I will include her as my beneficiary. I also made her as one of my beneficiary in my life insurance. We haven't open a joint acct but we're planning to. Would our relationship count as a conjugal or should we wait one more year?

We have proof that our relationship is more than 2 years, like letters, chats and phone calls but like share expenses and those other things i mentioned above hasn't been more than a year.

Thank you

 

[Leon]

Here is CIC defintion of conjugal:

This category is for partners—either of the opposite sex or same sex—in situations beyond their control that keep them from living together so they would count as common-law partners or spouses.

A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship, and there is the same level of commitment as a marriage or a common-law partnership.

You may apply as a conjugal partner if:
•you have had a conjugal relationship with your sponsor for at least one year and you could not live together or marry because of ◦an immigration barrier,
◦your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
◦your sexual orientation (for example, you are in a same-sex relationship and same-sex marriage is not permitted where you live) and

•you can prove there was a reason you could not live together (for example, you were refused long-term stays in each other’s country).

You should not apply as a conjugal partner if:
•you could have lived together but chose not to, as this shows that you did not have the level of commitment needed 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 prove there was a reason that kept you from living together,
•you are engaged to be married (in this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months).

If you have not been in a conjugal relationship for 1 year, you should not apply now. Unlike a common law partnership which is based on cohabiting, it is a bit unclear when a relationship becomes conjugal but it should be marriage-like so you could say that initially you were just dating and slowly your relationship grew into something more. Do you feel that your relationship was already marriage-like one year ago? Can you provide any proof?

 

[ycam]

no.. i think you're right.. i have to wait.. although our relationship is 2 years already, i only met her last january 2014 and when i purchased a house lot, i made her as my co-signer last march 2013 and we have a proof for that. Maybe by feb or march next year, I can sponsor her to come to Canada. Many thanks for your help.. i really appreciate it..