Spousal/common-law/Conjugal Sponsorship

[AXX]

I have a very hard issue.When our family application is processing Im still dependant of my parents but, I went through an affair, i have a boyfriend, when i meet my partner(we didnt live together) that also has a girlfriend, I got pregnant and give birth(May,2017), my boyfriend and I brokeup but I didn't continue my affair to my partner and Cic send me an update of marital status and i said I am not in relationship and we are not together with the father of my child because he has girlfriend. Our application continue and my baby added in my application as my dependant(October, 2017). Something happen, my partner and his girlfriend brokeup (the girl married to another). and to continue, we get back as gf and bf (dec. 2017) because we really love each other and for our child. and i didnt inform the cic for that because there is no reason we are not married nor in common-law because lack of time. Then we got our visa, (march, 2018) went to canada (April, 2018). we continue our relationship we chat every day and my daughter. and i dont know that i am pregnant again and give birth to my second baby here in canada. Now i want to sponsor my partner, i dont know if we are eligible for conjugal i cant go home because i enrolled in school 4 months after i give birth and I cant bring my two babies backhome by myself. could being a student and having a two babies can be a barrier?

I want my partner to be here with me especially now that i have two kids. When I go to school I leave them to my mother while waiting for my application on subsidy childcare, because (shes too old now to take care two babies) so every break time ill go home to check them at my apartment.

 

[21Goose]

It's a bit hard to follow your wall of text, but no, you do not qualify as conjugal partners. You are choosing to live in Canada - nothing stops you from going and living with your partner - going to school isn't a strong enough reason. This wasn't a reason beyond your control. You could have chosen to go to school in your partner's country, for example. And you wouldn't be taking your children alone right - your partner would be there.

This won't qualify.

A conjugal partner is:

• a person who is living outside Canada,
• in a conjugal relationship with a sponsor for at least one year, and
• could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation)

 

[Bs65]

Personal view but seems only option now is to marry your partner and then sponsor them. How you achieve that might be a challenge if your partner cannot get a visitor visa to come to Canada is another matter .

You would need to travel to your partners country, get married, come back to Canada to start the spouse sponsorship. During the processing time it is still possible your spouse might not be able to get a TRV to come to Canada so would need to be prepared to be apart whilst sponsorship process completes.

As above conjugal does not apply to your situation so the initial hurdle to overcome is for your partner to be able to come to Canada get married as that would make the process much simpler to process a spousal sponsorship once married. The latter given achieving 12 months common law as a visitor is difficult to achieve.

Above just my personal view.

 

[canuck78]

CIC will also likely have concerns that you were common law if you have 2 children together before you applied for PR. You will have to prove that you have never lived together for a year. You also have to show that you can support your family without government help in order to sponsor your partner. It doesn't sound like you are working at the moment.