There were never any questions regarding common law or marriage. We simply submitted the documents in the country specific instructions and about 3 or 4 letters from friends and family. The only delay we had was a request for a Canadian police report. Once submitted, the application was completed within about a month (not saying those timelines apply under current conditions).
What if my outland conjugal application is refused, whats next?
- Thread starter canadalover4987
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You may be overthinking but hard for outsiders to say.
There are occasional cases here of those applying as common law and the validity of the common law aspect not accepted on some grounds. They would often/usually appear to be cases where the common law documentation (cohabitation) was lacking, and/or especially in cases where the period residing together was not much above the 12 month minimum - so if the docs establishing start of cohabitation are weak, no longer meets that 12 month requirement. Longer periods of cohabitation don't seem to have issues much; but note of course lots of common law cases are handled without issues as well, the 'problem' cases may have other issues as well (i.e. not just be the short cohabitation period).
Clear cases of error WILL be refused (e.g. the start date of the residing together simply doesn't match the dates required to get that 12-month continuous cohabitation).
For those residing together for longer periods and solid documentation, should not be an issue.
That said: my personal view is that in some/many cases it may make sense to marry in order to submit as married (whether by moving marriage up or having a smaller civil wedding or delaying application a bit) instead of as common law. (Not all applicants have that option though)
Common law application means IRCC officers are making judgments about the 'common law nature' of the cohabitation - the relationship, and joint household, and other factors - as well as the sufficiency of documentation. It does mean more chance for errors or omissions or examining officers deciding there is something else they think doesn't 'look right'. But for really clear cut cases (many years living together), pretty simple judgment.
In contrast, married sponsorship is first evaluation of 'is it a valid/legal marriage' based mostly on a legal document, then followed by 'is the relationship genuine'. If the couple was residing together for longer periods before marriage (eg common law), then the relationship evaluation is also easier.
My spouse and I first prepared our documentation based on common law due to a minor legal obstacle to marriage but then were able to resolve it and submit as married. We had years residing together and children so I was not concerned really about common law not being recognized - but from my perspective, it was easier and less stressful submitting as married because documentation simpler (country and case-specific factors, some things like joint leases and official addresses are not always so easy). And I suspect it was a more straightforward case for the examining officer as well that the marriage certificate was there (less volume of documentation too).
Again, though, not trying to claim it is necessary or that submitting as common law is a problem in the vast majority of cases; the sponsorship process is long though and in some cases may be worth considering.
Hi All,
Here i am , My partner (Same sex) is Canada, we are in relationship since 2016, and we used to live in Dubai together, last year she went to Canada with PR. Now my question is we are thinking to apply for conjugal partner visa because, we are same sex partners , and she is from Pakistan and i am from India, so there is bog obstacle between us even to travel to visit each countries , nor we cant marries in Dubai, off course its Islamic country and we both belongs from typical orthodox Muslim family, So please advice , if we apply conjugal partner visa, which category i have to apply (Family class?) or howlong will be processing time and chances of approving our visa ?
Please advice us
Thanks
Have you lived together for more than 12 months at any time?
Did she declare you as spouse when she applied for PR? Under what program did she get PR?
You can have her withdraw the application, if it is early enough, and can get a refund: https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=741&top=23 . Then apply fresh. But as you said your partner is a PNP nominee, she will have to re-link her nomination to the new EE profile she creates before it is considered for ITA.
Less likely, try using webform to update for changes in your situation. I don't think that is possible though.
I'd suggest you both consult a lawyer. She should have declared you as common law when she applied for PR.
This could make her sponsoring you impossible (disallowed as spouses and family members must be declared).
I suppose the lawyer / your spouse could argue that she did not understand this but I have no idea whether that is likely to be successful.
The other option would be for you to qualify on your own under express entry or others. That would actually be preferable and likely less expensive - if you qualify.
Yup, I missed that, sorry.
So, family class sponsorship won't work here as she was not declared as a spouse.
If
As other suggested, you will need to consult with immigration lawyer to see if it's even possible to apply.
Or your partner can revoke her PR and apply with you from scratch.
Or you can apply yourself if you qualify under economic stream.
You cannot be sponsored under family sponsorship if she didn't declare you as her common law partner when she applied for her PR.
As other suggested, you will need to consult with immigration lawyer to see if it's even possible to apply.
Or your partner can revoke her PR and apply with you from scratch.
Or you can apply yourself if you qualify under economic stream.