Conjugal partner, what should i do

[aisha007]

This is gonna be long but please read it cause im in need for some advice, thanks in advance.My boyfreind and i have been in a relationship for 4 years, 2 of them in a long distance relationship.I met my boyfreind while i was studying in canada under a student visa.My student visa expired a couple of months into our relationship, i applied for an extension and was denied.I left canada two years into our relationship.Once back to my country i applied for a student visa and it was denied due to luck of funds. After that my boyfreind and i took a vacation to the caribbean, we tried to relocate there but it was impossible for me to get a job.After my trip i decided to apply for a tourist visa to visit my boyfreind in canada, i was denied the visa because they didnt believe ill come back.After that failure we decided to apply for PR so that we can be together.We had hesitated between applying under conjugal partners or common law but at the end we opted for conjugal partner.The reason being that even though we lived under the same roof for a year when I was in canada we didnt have anything to prove that.My boyfreind paid all the bills and his name only was in the lease, we hadnt thought about sponsoring at that point in our lives.We had ammused that i could get back to canada under a student visa.So we send in our pr application last year.My boyfreind come to visit me on february on this year.We got a letter last month asking as to pay the PRF and to send more proof that we lived together.I send in some hotel receipt bills, his credit cards report showing some of our trips within canada, restaurant bills and shopping bills.I got an email today asking me to send a letter explaining as to why we arent married.The letter said that the agent doesnt really believe we fit in under the conjugal patner categorie and that he will refuse our application if we dont give valid reasons.I really love my boyfreind and we were planning to get married when i move to canada and we both have a stable situation.We dint get married back when i was in canada because at the time i thought i was gonna go back and we were in no rush, im 23 years old.We didnt get married when he come to visit because i thought it would be dishonest to marry just for immigration purpose, and we both dont have the means to marry.My parents dont like my partner, i thought it would look weird to have a weeding with just the two of as.I didnt want our marriage to look like a marriage of covenience.I dont know what to say in the letter, i feel like we are being punished because we decided not to have a marriage of convenience.Is it possible to change our status from conjugal to common law at this point?Thank you for your opinions,

[RobsLuv]

You can only apply as common-law partners if you have cohabitated for at least one continuous year in a conjugal relationship and you can prove it.  It seems, though, that too much time has passed for that original common-law relationship to still be valid - you are only allowed short periods of separation - plus you said you couldn't prove you'd lived together.  So I don't think you have grounds now to change your application to common-law - unless you've now lived together again for the past year.

The problem with applying as conjugal partners is that the conjugal partner category is meant to be used to justify waiving the common-law cohabitation requirement, and allowing partners to qualify under the common-law category without cohabitation because they are being prevented from living together to establish a common-law partnership, or marrying, because of persecution due to the nature of their relationship and because an immigration barrier prevents them from being together to get married or live together.  That's why the IO who is assessing your application is asking why you have not married.  Is something preventing you from marrying?  If not, you don't qualify as conjugal partners - even though you might not be able to get back into Canada (immigration barrier) in order to live together and again establish your common-law partnership. The simple fact that your bf is now visiting you is proof that you don't qualify as conjugal partners . . . you could get married. The conjugal partner category is not just about being in a "conjugal" relationship with someone, but not wanting to marry yet, or not being able to manage living together because of finances or whatever.

I understand what you're saying about not wanting to get married just for immigration purposes - but people misunderstand this concept.  There is a difference between getting married when you're a genuine couple in a genuine relationship - so that you will qualify to be sponsored for permanent status as a spouse, and a "marriage of convenience" - which is getting married to someone just so you will qualify to be sponsored to come to Canada.  That's why even married couples need to submit evidence that they are in a genuine relationship - it is that, coupled with a marriage licence, that makes an applicant a qualifying family class member.  Immigration Canada is not interested in making it easy for couples to be together to "try out" their relationship - someone that you want to marry someday is not a family member until you marry them.  Asking someone to sign an agreement to sponsor someone for permanent residence is an obligation Immigration Canada takes very seriously - so seriously they equate it with a "marriage-like commitment". 

If you guys are genuinely in love, and you want to spend your lives together - go get married, and submit a copy of your certified marriage licence in response to this request for valid reasons that you should be considered a qualifying PR applicant.  IMHO there isn't much you're going to be able to give them that's going to convince this IO that you are a qualified "conjugal partner" because there is no impediment to marriage.  Simply choosing not to marry - because you'd rather be more settled or because it might seem dishonest to marry just for immigration (which would not be what you'd be doing) - is not the same thing as being prevented from marrying.        

[rjessome]

I agree with Robsluv.  However, the law says that they can't "force" couples to marry but the catch 22 is that the actual application of the law in this way is extremely rare.

[RobsLuv]

That's right - this comes from Section 5.45 of the OP2 Processing Manual, and explains pretty concisely their attitude towards marriage, common-law qualification, and conjugal partner qualification:

"What is a conjugal partner?
This category was created for exceptional circumstances – for foreign national partners of
Canadian or permanent resident sponsors who would ordinarily apply as common-law partners
but for the fact that they have not been able to live together continuously for one year, usually
because of an immigration impediment. In most cases, the foreign partner is also not able to
marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a
common-law couple or a married couple, i.e., they have been in a bona fide conjugal relationship
for a period of at least one year.

Both marriage and common-law partnerships (common-law partnerships may be opposite-s*x and
same-s*x) are legally recognized in Canada for purposes of federal benefits and obligations
(Modernization of Benefits and Obligations Act, June 2000). In order to be eligible for federal
benefits, couples must either be married, or meet the definition of common-law partner in each
statute or regulation. IRPA brought CIC's immigration legislation into conformity with the
Modernization of Benefits and Obligations Act.

Because of Supreme Court decisions, the choice not to marry is a constitutionally protected
choice. Thus, CIC cannot require couples to marry in order to immigrate. However, if they are not
married, they must be common-law partners. There is NO provision for fiancé(e)s or “intended
common-law partners” in IRPA. If a Canadian and a foreign national can get married or can live
together and establish a common-law relationship, this is what they are expected to have done
before they submit sponsorship and immigration applications.

Marriage immediately creates a legal relationship recognized for immigration purposes. Commonlaw
partners, however, have to meet the definition - including living together continuously for one
year - to have their relationship legally recognized. In the immigration context, there are some
exceptional circumstances where a Canadian is in a conjugal relationship with a foreign national
partner and would ordinarily sponsor that person as a common-law partner, but the two have not
been able to live together continuously for one year, usually because immigration rules prevent
them from long stays in one another's countries. As well, for these individuals, marriage is usually
not an available option. The conjugal partner category is mainly intended for partners where
neither common-law partner status nor marriage is possible, usually because of marital
status or s*xual orientation (both analogous grounds of discrimination under the Charter),
combined with an immigration barrier.

For example, the foreign partner may be married but comes from a country where divorce is not
possible, or the Canadian and partner may be in a same-s*x relationship. In both cases, the
partners probably will not be able to obtain long-stay visas in order to live together in one
another's country and meet the cohabitation requirement for common-law partners. Because the
other option – marriage – is not available to these couples, they are permanently separated. This
is unfair and discriminatory. The conjugal partner category provides the ability for a Canadian in
these circumstances to sponsor the foreign national partner. It is not intended to be used to avoid
the usual requirement to be a spouse or common-law partner before immigrating.

The conjugal partner category applies only to the family class and only to a foreign national
sponsored by a Canadian citizen or permanent resident living in Canada. This category does not
apply to the spouse or common-law partner in Canada class as the exception would not be
required in Canada.

A conjugal partner is not a common-law partner under Canadian law until the one-year
cohabitation requirement has been met. Applicants should be counseled that they and their
partner will not be considered to be in a common-law relationship for purposes of other federal
benefits and obligations until they have lived together in Canada in a conjugal relationship for at
least one year. The applicant's Confirmation of Permanent Residence form will not indicate their
marital status as “conjugal partner” since this relationship is not legally recognized in Canada
beyond the IRPA."

[thefairy]

I did apply using the Conjugal Partner category and got approved, although there was no impediment for us to marry when we applied. Because of this we were afraid our application wouldnt be successful, so we consulted a lawyer who told us it will likely be refused and we will need an interview for sure at least. It really worried us so we decided to get married in my home country on April, but before we did so, our application got approved the first week of march and now Im here in Canada with him and our child.
No interview or additional documentation was required. Im aware we were very lucky and I thank God for all this.
We are not against marriage, we just didnt want to do it "for immigration purposes" as you said. We plan to get marry on a well planned-no rushed wedding that our relatives can attend. We had previously lived together in Canada for over a year and had a child already at the moment we applied. I believe this was crucial on proving we had a marriage-like relationship.
We were not applying to "try out" a relationship, we already had one , a very solid one. Maybe the immigration officer realized we had more than enough proof, documents, photos, etc of our relationship.
Im not an IO so I cant really tell what played a key roll in our application, but besides the operation manual, every case is different and the criteria of the Io examining your application may vary.
As I said I wasnt asked for any aditional documents or explanations, but given the situation when u have already been asked to explain as why you cant marry, Id suggest you the same, if u guys love each other and want to be together you should get married and submit your marriage document so that you change your civil status on your application and can have more chances of success.

[dulman]

Hi everyone, i do want everybody to assess my situation coz it is really getting me and my partner worried and stressed.
I met my partner through her cousin in june 2006 whom i know from a sierra leonean website, she introduced my partner to me so me and my partner started chatting,calling and exchanging pics. then we feel in love for eachother the more we talk coz we almost have everything in common especially the same country and local langauge.
so we decided to plan to meet in person,so i told her i cant ale to overthee to visit her coz am a asylum seeker in Holland and i dont have my PR status here yet still waiting the imigration here to decide weither to grant me asylum or tells me to return back to my land.so she decided to come hence she is canadian citizen which she did in 2007 and we met and we love eachother in the first sight, so that year she visit me 4 times sometimes even weekend lol and in september 2007 she returned and later found out she is pregnant with my baby,so she decided to sponsor me to come ove to canada and live together there to build up our family,she consulted a representative to see the possibilities available. the representative suggested we go for conjugal partner coz she cant able to stay here for morethan three months and i cant able to even visit her ratherthan stay for three months and i cant able to back tomy country because of fear of prosecution,and it is not pssible for me to marry her here till i get my residence permit.
so we applied in may last year onder the category conjugal partners and they approved in june and tranfered the file to germany berlin since am living in holland, in september the embassy sent me a letter requesting my new born child birthcetificate and my dutch refugee hearing and the decission made. so tanslated th e dutch hearing and sent them with birthcertificate of my baby. in november they returned all pics and crads my partner enclosed when she applied back to me and since then i donthear not from them.
so in march my partner came to visit me so i cant have time to meet and hold my baby i was so happy although was very painful seeing them returning they spent 2 and half nonths with me.
Now medical has expired since march and my partner consulted our representative asking what is going on so he emailed the embassy twice but no response. now me and my partner are so worried coz we cant able to live together here for longtime and i cant able to go there or even think of living htere for longtime, we cant able to marry here or back to our country because in Holland i dont have resident premit so that makes me disallowed to marry and my to my land my life is in danger.Am also thinking if they calls me for interview how can i go to germany coz i dont have document to out of Holland without visa.
SO WHAT DO U THINK GONNA BE THE OUTCOME? WHAT STEP SHOLD WE TAKE NOW?

[mitamata]

Has your partner ordered CAIPS notes yet? Hopefully there's an explanation for what the delay is in there. My guess would be that they are still doing the background check on you and because of that you're still waiting. I would imagine that the background check on someone in your situation will likely take a while.
If you have ordered CAIPS and they've not been helpful, your wife can contact her MP and he or she can try to inquire what the delay is.

[dulman]

I ALSO WANT TO KNOW IF WE ARE QUALIFIED ONDER THE CONJUGAL PARTNER CATEGORY?

[marisol]

Hello to everyone,
My partner sponsored me as conjugal partner and the Canadian Embassy, Singapore, want us to provide divorce papers. me and my partner are still legally married to our ex spouses,,,,,,  and were thinking that we just write a letter to embassy singapore explaining that we cannot provide that documents because in phils there is no divorce. weve been 10 years as partners

is this acceptable, is there any more good ways  ??? anybody, please help