andreaquebec said:
My partnet will call the deputy next week, because it seems crazy, I cant leave a kid alone in Brazil and going to Canada and my partner cant leave His 2 kids and come to Brazil and also we dont belive in marriage! marriage for us is nothing. I was already marriage and I dont want to get marriage again. I cant go to Canada and stay there for one year because my kid cant stay for one year out of school. He cant study there...this is the point !
For me this is the only barrier. I relly try that last year, He stayed with my mother and He almost " lost " the year at school. I wont do this again because it calls irresposability that is more than barrier for me...I wont be irresponsible.
If I didnt have a kid I could go. But it is a bit crazy to get a student visa to my son and pay CAD 20K year.
Perhaps this will help you understand how CIC will [likely] see your situation:
http://sterlingimmigrationltd.com/common-law-partnership/conjugal-partner-visa/
The “Conjugal Partner Visa” Category
The “conjugal partner visa” category was created for “exceptional circumstances” where individuals
are not able to either get married or qualify as common-law partners (by living together continuously for one year).
CIC cannot force people to get married, as the choice to marry or not to marry is protected by the Charter.
However, CIC policy manuals make it clear that “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”
...
The biggest obstacles in conjugal partner cases is a lack of cohabitation usually due to immigration barriers
as well as the fact that a couple has chosen not to marry – despite indicating that they intend to do so in the future. Immigration Officers are instructed to inquire whether individuals intend to marry. If the individuals state an intention to marry, the Immigration Officer will question whether they have the level of commitment required to qualify as conjugal.
That said, CIC Processing Manuals do acknowledge that “inability to marry cannot be an absolute requirement” – as this would effectively force people to marry in violation of the Charter. The key is “whether they are in a conjugal relationship with their sponsor
and whether there is a compelling barrier to continuous cohabitation”. Therefore, it will be up to an experienced Canadian immigration lawyer to show why the barrier to marriage or cohabitation is “compelling” such that the failure to do either is not an indicator that the couple lacks the required commitment to a shared life.
...
