Conjugal partner application rejected...and now?

[Alberto70]

Hello everyone,

My conjugal partner application has been rejected.  My partner and I plan on making an appeal.  We are considering marriage very soon.  My question is:  is it possible to present a marriage certificate at an appeal for a rejected "conjugal partner" application, or is it obligatory to initiate another application under family class, "marriage"?

In addition, since one year from the medical visit has passed, will I be required to have a new medical visit prior to the appeal?

We would be very grateful for any information you may have.

Thanks to all.  Happy new year!

[Timemachine]

I believe you can only file as conjugal partners if there is something preventing you from being married such as religion, laws of your country, etc.  If you are actually able to get married, you should have applied as common law (if you have lived together for at least a year) or else as spousal.  You will in all likelihood have to start over under the Family Class- Spousal category.

[sidkrose]

If you are married you do not qualify as conjugal partners, therefore you cannot appeal a conjugal case if you are married (it will be rejected because you are applying in the wrong category). If you plan to marry, do so, then apply as a married couple. Alternatively, you may live together for 12 consecutive months and qualify as common-law partners.

[rjessome]

If you are married you do not qualify as conjugal partners, therefore you cannot appeal a conjugal case if you are married (it will be rejected because you are applying in the wrong category). If you plan to marry, do so, then apply as a married couple. Alternatively, you may live together for 12 consecutive months and qualify as common-law partners.

Actually, no it wouldn't.  The OP has already been refused.  The appeal to the IAD is de novo, meaning that new evidence can be entered including new circumstances such as marriage.  They could get married during the time of the appeal and IAD would not reject it.  It doesn't mean that they will approve it either because the couple is now married. 

Or they could just re-apply after they get married.  Probably easier to reapply depending upon the reasons for refusal.  If it's because they didn't believe the relationship is genuine then they should get legal advice before doing anything.

[sidkrose]

Actually, no it wouldn't.  The OP has already been refused.  The appeal to the IAD is de novo, meaning that new evidence can be entered including new circumstances such as marriage.  They could get married during the time of the appeal and IAD would not reject it.  It doesn't mean that they will approve it either because the couple is now married. 

Or they could just re-apply after they get married.  Probably easier to reapply depending upon the reasons for refusal.  If it's because they didn't believe the relationship is genuine then they should get legal advice before doing anything.

I stand corrected

[AllisonVSC]

Hello everyone,

My conjugal partner application has been rejected.  My partner and I plan on making an appeal.  We are considering marriage very soon.  My question is:  is it possible to present a marriage certificate at an appeal for a rejected "conjugal partner" application, or is it obligatory to initiate another application under family class, "marriage"?

In addition, since one year from the medical visit has passed, will I be required to have a new medical visit prior to the appeal?

We would be very grateful for any information you may have.

Thanks to all.  Happy new year!

What was the reason for the refusal, if you don't mind sharing?

[Alberto70]

Actually, no it wouldn't.  The OP has already been refused.  The appeal to the IAD is de novo, meaning that new evidence can be entered including new circumstances such as marriage.  They could get married during the time of the appeal and IAD would not reject it.  It doesn't mean that they will approve it either because the couple is now married. 

Or they could just re-apply after they get married.  Probably easier to reapply depending upon the reasons for refusal.  If it's because they didn't believe the relationship is genuine then they should get legal advice before doing anything.

Hello everyone,
thanks for taking the time to answer my questions.

The conjugal partner application has been rejected due to economical reasons, that neither is "willing" to leave a current job to join the other, (the VO agreed that the relationship is genuine).  In other words, since there are no bureaucratic barriers barring us from living together (which in our opinion is not true, as we both have different citizenships and living together for more than one year is legally difficult), the application was rejected.

Bye all, and thanks.

[Alberto70]

I have another question. During the interview the VO indicated that they didn't find any bureaucratic impediments and diplomatic issues between Italy (my country) and Canada (my sponsor and partner's country). Also, the VO mentioned that there are legal ways that exist for us to live together in CANADA immediately. When I asked her how this could be done, the interviewer responded that "it was not her job" to tell us.

My situation is as follows:
1) We have spent 1 year doing the conjugal application.
2) The application has been rejected.
3) I read that the time for the appeal is 1-2 years.
4) If my partner and I get married, another 1 year will be necessary for a new spousal application (new medical examination, more fees to pay etc.

My question is:  is there any way to marry and live together that would also allow me to work in Canada (I.e. Temporary permit) IMMEDIATELY?

Since there are no bureaucratic problems between Italy and Canada there should be no issues, correct? I don't see another reason for us to be apart another year and spend so much more money after all that we have been through.

Thanks for your input!

[scylla]

The only way you can work immediately is if you find an employer, that employer is successful in obtaining an approved Labour Market Opinion and you are then approved for a work permit. Otherwise if you apply outland, you will be able to work once you have been approved as a PR - and if you apply inland, you will be able to work once you have AIP (which currently takes about 11 months).

As for coming here to stay with your future wife - you can certainly come as a tourist.

[kiwicanuck]

Another option -

As a citizen of Italy, if you are between the ages of 18 and 35, you could come to Canada on a working holiday visa and work for 6 months. You could then remain in Canada as a tourist until your PR application is approved (outland) or your wife's sponsorship application has been approved and you get a temporary working permit (inland). At this point you could begin working again.

http://www.canadainternational.gc.ca/italy-italie/experience_canada_experience/working_holiday-vacances_travail.aspx?view=d

[canadianwoman]

Hello everyone,
thanks for taking the time to answer my questions.

The conjugal partner application has been rejected due to economical reasons, that neither is "willing" to leave a current job to join the other, (the VO agreed that the relationship is genuine).  In other words, since there are no bureaucratic barriers barring us from living together (which in our opinion is not true, as we both have different citizenships and living together for more than one year is legally difficult), the application was rejected.

CIC does not accept being unwilling to leave a job as a legitimate barrier for conjugal cases.

If you do decide to appeal, send in your marriage certificate right away to the Canada Border Services office handling your case, and the Immigration Appeal Board Office handling your case. The gov't lawyer may agree right away that your appeal should be allowed, based on the new circumstances.

[Alberto70]

Hello everyone,

me and my partner are very depressed, we are unable to find the right solution.
We are thinking it through to find a solution without a drastic decision.
We plan to marry but we want to know before we do, what is the best way to do the application.
This is our current situation:

- We requested an appeal for our rejected conjugal partner application
- We plan to marry and finally live together without having to rely on stupid, horrible, distant skype conversations and other similar things.

Well, we thought of requesting a Visa Holiday Work permit (IEC, for Italy it is 6 months in duration), get married immediately (in Canada) and apply under spouse category.

We have two questions for you:
Is it possible to apply outland when a partner is formally in Canada with a Visa Holiday permit?
Is it better to apply as outland or inland?

The timing for outland is 2 months (first step) and 11 months (second step), for inland is about 20 months, right?
But in case of outland solution, could the sponsored partner work while on the working holiday permit?


After the Visa Holiday I could remain in Canada like a tourist for other 6 months, so in total 12 months and after I hope that our application will be approved.

Thanks a lot for any advice and for your reply.

Bye.

[kiwicanuck]

Hello everyone,

me and my partner are very depressed, we are unable to find the right solution.
We are thinking it through to find a solution without a drastic decision.
We plan to marry but we want to know before we do, what is the best way to do the application.
This is our current situation:

- We requested an appeal for our rejected conjugal partner application
- We plan to marry and finally live together without having to rely on stupid, horrible, distant skype conversations and other similar things.

Well, we thought of requesting a Visa Holiday Work permit (IEC, for Italy it is 6 months in duration), get married immediately (in Canada) and apply under spouse category.

We have two questions for you:
Is it possible to apply outland when a partner is formally in Canada with a Visa Holiday permit?
Is it better to apply as outland or inland?

The timing for outland is 2 months (first step) and 11 months (second step), for inland is about 20 months, right?
But in case of outland solution, could the sponsored partner work while on the working holiday permit?


After the Visa Holiday I could remain in Canada like a tourist for other 6 months, so in total 12 months and after I hope that our application will be approved.

Thanks a lot for any advice and for your reply.

Bye.

I don't know the official answer to your question, but my personal experience may help:

I (a New Zealand citizen) entered Canada on a Student Visa in December 2010. I married my husband (a Canadian citizen) in Canada in July 2011.
I then applied outland (Family Class, Spouse) for Permanent Residency in December 2011.
My husband received sponsorship approval in January 2012 and Sydney began processing my residency application on 20 Februrary 2012.

So: we have experience absolutely no problems with the scenario you suggest. I came on a temporary visa, with the intention of marrying once in Canada, then got married while on the visa, and applied for residency. Hope this helps!

[Alberto70]

I don't know the official answer to your question, but my personal experience may help:

I (a New Zealand citizen) entered Canada on a Student Visa in December 2010. I married my husband (a Canadian citizen) in Canada in July 2011.
I then applied outland (Family Class, Spouse) for Permanent Residency in December 2011.
My husband received sponsorship approval in January 2012 and Sydney began processing my residency application on 20 Februrary 2012.

So: we have experience absolutely no problems with the scenario you suggest. I came on a temporary visa, with the intention of marrying once in Canada, then got married while on the visa, and applied for residency. Hope this helps!

Hello kiwicanuck,
thanks for your reply.
Only one question: "Now, are you authorized to work in Canada?"

I don't want to leave my currently full-time job (I'm working for a big big big international company) and go in Canada without the work-permit and stay there for a year without an occupancy!
Thank you very much.
Have a nice day.

[scylla]

Hello kiwicanuck,
thanks for your reply.
Only one question: "Now, are you authorized to work in Canada?"

I don't want to leave my currently full-time job (I'm working for a big big big international company) and go in Canada without the work-permit and stay there for a year without an occupancy!
Thank you very much.
Have a nice day.

No - kiwicanuck wouldn't be authorized to work in Canada because the sponsor has been approved. When using the outland process, you are only allowed to work once the application has been fully processed, PR has been approved for the applicant and the applicant has landed in Canada as a permanent resident.

Kiwicanuck may be able to work as a result of the student visa (which typically allows students to work part time once they have completed six months of study).

But receiving sponsor approval for an outland application gives you nothing in terms of a work permit.