Success Stories for Conjugal Partner Sponsorships and Visitor Extension Question

[Longshanks777]

Hey folks,

Just wondering how long on average did those who successfully obtained their PR visa from a Conjugal Partner Sponsorship have to wait?

I am a Canadian in Halifax who sponsored my british boyfriend and it seems we are hitting more barriers as time passes. We've been in a relationship for over 2 years and have a 5 month old daughter (born in canada). The last bit of info requested was a paternity test which we did in november and confirmed paternity. We had to go the conjugal partner category due to the fact we are both separated and have not divorced yet. He came over in July 09 and has been here since on the 6 month allotment.

Now we still wait for the Canadian High Commission in London to make their decision which has been very stressful to say the least. Since we don't have a decision yet we did the correct bit and filed for an extension on his visitor status which was received in Vegreville Alberta Dec 7th, however no word yet.

So wondering does anyone know if we don't hear before he is technically supposed to leave the country ( which is mid January) is he allowed to stay beyond that until he receives a decision concerning his visitor visa extension?? Much appreciated



conjugal partner application sent in early april  09
sponsor application approved end april 09
pr application process began may 11 09
further medical requested may 09
medical submitted/received july 09

boyfriend comes to canada july 09 granted 6 month stay
further evidence requested end july 09
evidence submitted august 09
letter received  requesting paternity test nov 09
paternity test submitted end of november 09

filed visitor visa extension dec 09 received as per canada post... no word yet...

[tgchi13]

I was expecting this to be a thread about successful conjugal apps;  We will be refilling as married.

Good luck to you!

[Miryam]

Since we don't have a decision yet we did the correct bit and filed for an extension on his visitor status which was received in Vegreville Alberta Dec 7th, however no word yet.

So wondering does anyone know if we don't hear before he is technically supposed to leave the country ( which is mid January) is he allowed to stay beyond that until he receives a decision concerning his visitor visa extension?? Much appreciated

filed visitor visa extension dec 09 received as per canada post... no word yet...

Hi,

Your partner doesn't have to leave.

I applied for an extension in May (at the Port of Entry the IO wrote on my passport I could stay in Canada until June 7th, 2009). The application was received at Vegreville office on May 8th, 2009, but only on August 14th they made a decision, giving me an extension until August 13th, 2010 (and I only asked until December 8th, 2009!).

[Longshanks777]

Thanks tgchi13  and miryam

My hope is he gets to stay while we wait word on his PRV. Living life on hold isn't easy but at least we are together right now.. Thanks again.

L

[Nej]

I am wanting to extend my visit and stay here in Canada while my PR app is being processed. I've been here since Oct. I wouldn't apply until March but am trying to get some idea and plan ahead. So on the form I would write: Original reason for visit: visiting fiancee (now husband) for holidays (which is what I was originally doing, but we decided to get married during this time), and for Reason for Extension: Awaiting PR application to process. Pay the fee, and include a bank statement (both our names are on it) and a copy of the marriage certificate and my passport pages. I think that would be enough, but I would like an opinion from someone. All this paperwork makes me nervous and I don't want to miss anything.

[The Littlest Hobo]

I'm just curious (no real advice, sorry!) but it seem like a very tricky situation you've got LS777; Isn't it hard to qualify officially as "partners" of any kind if you are still legally married to other people? I dunno divorce procedures in various jurisdictions, but considering how quick it is to get a straightforward spousal PR outland through London, might'nt you be better off just getting the divorces finalized, then marry each other, then apply as spouses?

Well anyways, good luck whatever route you go. Glad you are together now, that's the main thing.
Cheers,
TLH

[Karlshammar]

Since he is British, they are almost guaranteed to reject a conjugal partnership application.

First of all you are both still married, which there really is no good reason for. If the other relationships are over and you are now in committed relationship with someone else (each other), in the eyes of immigration you should already be divorced.

Second of all, once you are divorced there is no barrier to the two of you getting married.

Third of all, there is no immigration barrier to starting a common-law relationship.

That's three strikes in the eyes of immigration. While I am no immigration lawyer, I would strongly advise against the course of action you are planning to take, as conjugal partner applications are meant for those for whom it is legally impossible to get married or establish a common-law relationship, which is obviously not your situation.

[Longshanks777]

Hi Karl,

Well to get divorced is easier said than done. Under British law the couple has to be separated for 2 full years before either can file for divorce. On my end of things there are custody issues that still need to be sorted out before I would proceed with mine.

We are living common law now but as with anything it does take time to basically move country. So well aware of the strikes against us as it were.

My question to you though is why would you say because he is British his PRV would be denied?

[Karlshammar]

In the way that most immigration and consular officers appear to see things, the conjugal partnership category is for people who are prevented from applying as spouses or common-law.

An example would be Filipino law, which prohibits divorce altogether and obviously makes it impossible to get divorced much less marry and apply as a spouse.

An example making common-law impossible would be a person from a country that requires a TRV who is unable to get one, and therefore cannot establish a common-law relationship.

In your situation you are able to get divorced, and there is no immigration barrier for common-law. Conjugal partnership applications are by far the hardest to get through in any situation, and your situation is almost a textbook case of someone who should not apply as conjugal partners (in the eyes of immigration). The fact that it is inconvenient for you to sort out your personal issues re: custody and separation may or may not be considered a mitigating factor depending on the officer involved.

This being said, I'm not altogether negative. With luck you may get a lenient officer making decisions on your case, and you do have some mitigating factors if the officer views your situation generously.

[Steph C]

I was just doing some research in the local (Canadian) library and I came across some brochures on family law. What was written there was very interesting. First: In Canada you are considered to be legally separated AS SOON as you move out (or decide to live separately). You don't need to file anything to start your separation. Second: It is NOT a crime in Canada to be a common-law partner with someone who is separated but still married. This is allowed.  I don't know if this would be helpful to anyone but it seemed to be very useful advice.

[Karlshammar]

This is, as far as I know, regulated by the individual province. Furthermore, immigration law does not always correspond with provincial law.

For example, to be common-law under Ontario law you need to live together for 3 years, but under immigration law it is only 1 year.

Either way, if you are right that you can be common-law while married but separated, that's good as they could still become common-law. This makes it even less likely that they would get approved for a conjugal partner application, though.

I was just doing some research in the local (Canadian) library and I came across some brochures on family law. What was written there was very interesting. First: In Canada you are considered to be legally separated AS SOON as you move out (or decide to live separately). You don't need to file anything to start your separation. Second: It is NOT a crime in Canada to be a common-law partner with someone who is separated but still married. This is allowed.  I don't know if this would be helpful to anyone but it seemed to be very useful advice.

[Steph C]

Sorry, maybe I should replace "In Canada" with "In BC"   

[Karlshammar]

Hehehe, with the beautiful weather you have over there (compared to the rest of Canada!) you may be forgiven for forgetting the rest of the country!

Sorry, maybe I should replace "In Canada" with "In BC"   

[Longshanks777]

Hi Steph,

Yes the legal separation for Nova Scotia is one year. I have been legally separated for over two years.  Also in Nova Scotia you only  need to be separated a year in order to file for divorce. So while I can from a legal standpoint file for divorce I haven't due to custody issues with my ex and under the advisement of 2 lawyers it is best at this point not to.  Also, my boyfriend from England has to wait another 9 months since they have to be legally separated for 2 years before filing.

As far as common law goes we didn't file for sponsorship under this because we weren't living together at the time.  However depending on which law books you look at common law can be 6 months to 3 years. If a child is involved you can also be considered in a common law relationship however our daughter was only born in August. We filed our paperwork back in April. If we could have gone another route other than conjugal we would have. But when we filed that was the only option at that time since they only have the 3 categories.



K

[Karlshammar]

For immigration it's always 1 year. The other time periods are provincial laws that have no bearing on immigration applications.