+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Started My Partner's Conjugal PR VISA application

Nerd13

Star Member
Mar 27, 2020
53
1
Me and my partner used to live under a same roof for 3 years in india but we were in thick closet to the outside world and even during my PR application I had not mentioned about it. Now I have engaged a very well known Lawyer and have started the process of bringing him over. We come from a very conservative background and due to fear of our lives I never declared in my PR application that I was in a same sex relationship. What would be the processing time.
 

scylla

VIP Member
Jun 8, 2010
97,314
23,131
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Me and my partner used to live under a same roof for 3 years in india but we were in thick closet to the outside world and even during my PR application I had not mentioned about it. Now I have engaged a very well known Lawyer and have started the process of bringing him over. We come from a very conservative background and due to fear of our lives I never declared in my PR application that I was in a same sex relationship. What would be the processing time.
Estimated processing times are 15 months. However your application is not straight forward in my opinion so it will be difficult to guess processing times for your specific application. If you lived together for 3 years, then you were common law and your partner should have been declared in your application. This complicates your application and I think there's a good chance you should expect longer processing times than normal and additional information requests. It is good that you are working with a good lawyer.

I assume you immigrated through an economic immigration stream like Express Entry? I assume your partner has already applied for a TRV to try to come and visit you and the TRV has been refused.

Good luck with your application.
 

Nerd13

Star Member
Mar 27, 2020
53
1
Estimated processing times are 15 months. However your application is not straight forward in my opinion so it will be difficult to guess processing times for your specific application. If you lived together for 3 years, then you were common law and your partner should have been declared in your application. This complicates your application and I think there's a good chance you should expect longer processing times than normal and additional information requests. It is good that you are working with a good lawyer.

I assume you immigrated through an economic immigration stream like Express Entry? I assume your partner has already applied for a TRV to try to come and visit you and the TRV has been refused.

Good luck with your application.
I have submitted my application on may 18th and I am awaiting the AOR, I came under PNP via express entry. No He has not applied for TRV yet, we are planning to do so after AOR.

Being Queer we had our challenges and we were afraid of even declaring it on paper when I submitted my application it's different if someone comes from country where it is not socially acceptable to be gay and we come from a background where it's a strict no. it was only when I landed I met people from different Queer groups and I got the encouragement to start the process to bring the love of my life here.
 

Nerd13

Star Member
Mar 27, 2020
53
1
Estimated processing times are 15 months. However your application is not straight forward in my opinion so it will be difficult to guess processing times for your specific application. If you lived together for 3 years, then you were common law and your partner should have been declared in your application. This complicates your application and I think there's a good chance you should expect longer processing times than normal and additional information requests. It is good that you are working with a good lawyer.

I assume you immigrated through an economic immigration stream like Express Entry? I assume your partner has already applied for a TRV to try to come and visit you and the TRV has been refused.

Good luck with your application.
thank you for your reply, and yes our lawyer is supposed to be very good.. he is very professional and has worked on many immigration cases.
 

scylla

VIP Member
Jun 8, 2010
97,314
23,131
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I have submitted my application on may 18th and I am awaiting the AOR, I came under PNP via express entry. No He has not applied for TRV yet, we are planning to do so after AOR.

Being Queer we had our challenges and we were afraid of even declaring it on paper when I submitted my application it's different if someone comes from country where it is not socially acceptable to be gay and we come from a background where it's a strict no. it was only when I landed I met people from different Queer groups and I got the encouragement to start the process to bring the love of my life here.
Generally speaking, you want to apply for a TRV before submitting a conjugal application. But of course this is your choice. If your partner can get a TRV approved, then you can either get married in Canada or can live here together for a full year to become common law (then you can sponsor your partner as either your spouse or common law partner). We have seen issues with conjugal applications on this forum where the person being sponsored has not tried to apply for a TRV before submitting the conjugal application. But again, your choice.

IRCC is quite strict with their rules regarding common law relationships. Keep in mind that when you applied for PR in Canada, you did this under Canada's rules (not the rules of your home country). The fact you were common law before you came to Canada but you didn't include your partner in your application is a big issue from Canada's perspective. Again, I think you are very wise to be working with a good lawyer. Good luck and let us know how it goes.
 

Nerd13

Star Member
Mar 27, 2020
53
1
Generally speaking, you want to apply for a TRV before submitting a conjugal application. But of course this is your choice. If your partner can get a TRV approved, then you can either get married in Canada or can live here together for a full year to become common law (then you can sponsor your partner as either your spouse or common law partner). We have seen issues with conjugal applications on this forum where the person being sponsored has not tried to apply for a TRV before submitting the conjugal application. But again, your choice.

IRCC is quite strict with their rules regarding common law relationships. Keep in mind that when you applied for PR in Canada, you did this under Canada's rules (not the rules of your home country). The fact you were common law before you came to Canada but you didn't include your partner in your application is a big issue from Canada's perspective. Again, I think you are very wise to be working with a good lawyer. Good luck and let us know how it goes.
yes but I am not sure if you know that in india same sex relationships are not recognized and we were under threat of harm as we come from very conservative background. People get killed for being gay.

I am sure IRCC knows the issues queer people face. Yes I have hired the best one can get when it comes to Immigration lawyer as it is what it is, india is not a queer friendly country and we don't have any rights whatsoever.

I really wish people looked from our perspective too.
thanks for your reply.
 

Sonikell

Hero Member
Apr 24, 2023
241
88
Hey sorry to hear about your situation, I guess me and my partner are blessed that we have understanding families. You should probably apply for a trv. If it’s denied that’s solid ground for conjugal approval. If it’s approved you can just get married when he visits you and apply as spouses(if you want to get married)
 
  • Like
Reactions: YVR123

Nerd13

Star Member
Mar 27, 2020
53
1
Hey sorry to hear about your situation, I guess me and my partner are blessed that we have understanding families. You should probably apply for a trv. If it’s denied that’s solid ground for conjugal approval. If it’s approved you can just get married when he visits you and apply as spouses(if you want to get married)
we are going to get married :) Should I wait for the AOR to come before asking the lawyer about TRV
 

Sonikell

Hero Member
Apr 24, 2023
241
88
Im not an immigration consultant and your lawyer knows better but yes have a discussion about the TRV with him/her Regardless of AOR.