When can we move?

[doswel]

Hi everyone,

I'm Canadian and have applied for conjugal sponsorship for my girlfriend and our daughter who are Americans. Our application got in at the end of April. Today I received an e-mail stating:

"We are pleased to inform that you have met the requirements for eligibility as a sponsor.
This message is being sent to confirm that the Application for Permanent Residence for your relative(s)
has been forwarded to the visa office in CPC Mississauga for further processing."

It also invites me to send the Quebec application which I will do this week.

I would like to move my two ladies to Canada basically as soon as possible, hopefully at the beginning of october and would like to know when we can do that?

We need to move most of their things over the border when we come for the first time (I stayed in the US for long periods over the last year and a half but have no official status there.

I'm a little lost here and am sorry if my thread is a double... I just need to be a little bit more clear as to what our options are?

Thanks a lot,
Team doswel

 

[scylla]

Hi everyone,

I'm Canadian and have applied for conjugal sponsorship for my girlfriend and our daughter who are Americans. Our application got in at the end of April. Today I received an e-mail stating:

"We are pleased to inform that you have met the requirements for eligibility as a sponsor.
This message is being sent to confirm that the Application for Permanent Residence for your relative(s)
has been forwarded to the visa office in CPC Mississauga for further processing."

It also invites me to send the Quebec application which I will do this week.

I would like to move my two ladies to Canada basically as soon as possible, hopefully at the beginning of october and would like to know when we can do that?

We need to move most of their things over the border when we come for the first time (I stayed in the US for long periods over the last year and a half but have no official status there.

I'm a little lost here and am sorry if my thread is a double... I just need to be a little bit more clear as to what our options are?

Thanks a lot,
Team doswel

At this point you have just past the first stage where the sponsor (you) has been approved. It's still early days. Your application still has quite a bit of processing to do yet (relationship review, security, background check, etc.). Typically applications take around a year to process and your partner and daughter cannot move to Canada until PR has been approved. They also cannot import their belongings until they are officially PRs. It's possible the application may be approved by October - however probably quite unlikely and certainly far from guaranteed.

As an aside, it was an interesting choice to apply as conjugal with an American partner. These applications typically have extremely low success rates (since there are no real immigration barriers to common law or marriage) and experience longer processing times. If you lived with your partner in the US for a year or more - then applying as common law would have been the way to go. I assume there is some reason you are unable to get married?

 

[YVR123]

conjugal sponsorship for Americans are rarely approved.
What is the immigration barrier for you two to become common law?

 

[doswel]

conjugal sponsorship for Americans are rarely approved.
What is the immigration barrier for you two to become common law?

There is really no barrier other than Health insurance for my ladies in the states. If she declares that we are married, she wouldn't apply for Medicare anymore and health insurance being what it is in the States I wouldn't be able to support them with the present exchange rate...

I wasn't aware of the conjugal sponsorship being rarely approved! I think that our relationship is very genuine (+3 years, 3 countries, 1 baby...). I didn't apply for common law because I have no resident status in the States (i.e. I never officially lived there). I still work in Canada about 6 months a year etc.

 

[Hurlabrick]

There is really no barrier other than Health insurance for my ladies in the states. If she declares that we are married, she wouldn't apply for Medicare anymore and health insurance being what it is in the States I wouldn't be able to support them with the present exchange rate...

I wasn't aware of the conjugal sponsorship being rarely approved! I think that our relationship is very genuine (+3 years, 3 countries, 1 baby...). I didn't apply for common law because I have no resident status in the States (i.e. I never officially lived there). I still work in Canada about 6 months a year etc.

I strongly recommend that you withdraw the application now as it will definitely be refused and they will keep your fees. Conjugal is only where there is a BARRIER to ANY other route (marriage or living as common law). There is nothing stopping you from getting married.

 

[scylla]

There is really no barrier other than Health insurance for my ladies in the states. If she declares that we are married, she wouldn't apply for Medicare anymore and health insurance being what it is in the States I wouldn't be able to support them with the present exchange rate...

I wasn't aware of the conjugal sponsorship being rarely approved! I think that our relationship is very genuine (+3 years, 3 countries, 1 baby...). I didn't apply for common law because I have no resident status in the States (i.e. I never officially lived there). I still work in Canada about 6 months a year etc.

It's not about whether your relationship is genuine. To prove conjugal, you must demonstrate that you have real immigration barriers preventing you from getting married and/or becoming common law. A Canadian / American couple face no real immigration barriers which is why conjugal is almost certain to fail.

I completely agree with the above recommendation. You need to withdraw the conjugal application and resubmit the application once you are either married or common law. If you don't withdraw, refusal is pretty much guaranteed and you can expect long processing times (before being eventually refused). Save yourself the frustration. Withdraw and apply once you qualify.

 

[doswel]

It's not about whether your relationship is genuine. To prove conjugal, you must demonstrate that you have real immigration barriers preventing you from getting married and/or becoming common law. A Canadian / American couple face no real immigration barriers which is why conjugal is almost certain to fail.

I completely agree with the above recommendation. You need to withdraw the conjugal application and resubmit the application once you are either married or common law. If you don't withdraw, refusal is pretty much guaranteed and you can expect long processing times (before being eventually refused). Save yourself the frustration. Withdraw and apply once you qualify.

Ohhh crap... I never knew that conjugal was more likely to fail. I never read about it in the guides etc. Is there any kind of warning from CIC saying that refusal is more likely under that class?

Thanks for your opinions! It is a big shock, but certainly better than waiting a couple more months, getting a refusal and losing all my fees!

Will they reimburse all the fees if I withdraw now?

Thanks a lot!

 

[scylla]

Ohhh crap... I never knew that conjugal was more likely to fail. I never read about it in the guides etc. Is there any kind of warning from CIC saying that refusal is more likely under that class?

Thanks for your opinions! It is a big shock, but certainly better than waiting a couple more months, getting a refusal and losing all my fees!

Will they reimburse all the fees if I withdraw now?

Thanks a lot!

IRCC doesn't comment on acceptance and refusal rates in the guide. The key line in the guide that indicates the conjugal requirements you don't meet is the following:

• could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation)

More information about how conjugal is assessed can be found here:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-conjugal.html

I don't believe all of your fees will be returned at this point since processing has already started (some will be returned). However withdrawing is the right thing to do. Understand that you're probably not looking at a couple more months of processing before being refused, you're probably looking at 6-8 months or more before you are refused and have to start over (IRCC tends to do fairly thorough reviews before refusing).

 

[doswel]

IRCC doesn't comment on acceptance and refusal rates in the guide. The key line in the guide that indicates the conjugal requirements you don't meet is the following:

• could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation)

More information about how conjugal is assessed can be found here:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-conjugal.html

I don't believe all of your fees will be returned at this point since processing has already started (some will be returned). However withdrawing is the right thing to do. Understand that you're probably not looking at a couple more months of processing before being refused, you're probably looking at 6-8 months or more before you are refused and have to start over (IRCC tends to do fairly thorough reviews before refusing).

Thank you! As I have lived with my partner for over a year (I work as a sailor, but I stayed with her for all of my time off last year and this year) I suppose that I can just re-apply directly? IRCC probably doesn't care for the fact that I was only a visitor, right? There is plenty of evidence for financial support and common living etc...

Thanks!

 

[scylla]

Thank you! As I have lived with my partner for over a year (I work as a sailor, but I stayed with her for all of my time off last year and this year) I suppose that I can just re-apply directly? IRCC probably doesn't care for the fact that I was only a visitor, right? There is plenty of evidence for financial support and common living etc...

Thanks!

The short answer is probably not.

Common law has specific requirements as well - specifically that you must have cohabitated for at least one full year continuously (i.e. without breaks). If you've been staying with her for your time off - you've just been visiting - not cohabitating.

To meet the common law requirement you need to show that you have lived together and actually shared a common address (meaning that you have to provide hard evidence including things like a joint lease or joint property ownership, joint utility bills, joint bank accounts both showing that address, use that common address for employment purposes, etc.).

Common law also requires the time you have lived together to be continuous - meaning without breaks. IRCC does accept some breaks in cohabitation. However they must be short (less than three weeks) and infrequent (meaning only a few throughout the year). You've been away each time you have gone to work - so I don't think there's any chance you meet the "continuous" criteria.

Based on how you have described your time with her, I don't think there's any way you meet the common law definition.

 

[doswel]

The short answer is probably not.

Common law has specific requirements as well - specifically that you must have cohabitated for at least one full year continuously (i.e. without breaks). If you've been staying with her for your time off - you've just been visiting - not cohabitating.

To meet the common law requirement you need to show that you have lived together and actually shared a common address (meaning that you have to provide hard evidence including things like a joint lease or joint property ownership, joint utility bills, joint bank accounts both showing that address, use that common address for employment purposes, etc.).

Common law also requires the time you have lived together to be continuous - meaning without breaks. IRCC does accept some breaks in cohabitation. However they must be short (less than three weeks) and infrequent (meaning only a few throughout the year). You've been away each time you have gone to work - so I don't think there's any chance you meet the "continuous" criteria.

Based on how you have described your time with her, I don't think there's any way you meet the common law definition.

Then I will never meet the common-law definition as I will always have to work for about 6 months a year... We've been talking about marriage, I guess we will expedite that process!

Thanks!