conjugal sponsorship - same sex

[jcs07]

Hi, my girlfriend and I have been together for over 8 years now and been in LDR situation for 5 years. I have visited her in the Philippines 3 times since 2015. I was a Filipino. I got my canadian citizen status last year. I was planning to get dual citizenship and work in the Philippines and live with my girlfriend for a year then apply for a common-law sponsorship. I guess my question is, could conjugal sponsorship also work with our situation? can I sponsor her under conjugal sponsorship before I go to the Philippines so that our application is running while I live with her? I am trying to get the fastest way to sponsor her.

Any advice would be appreciated.

 

[Ottawagal]

In order to sponsor as a conjugal partner you would have to be able to prove significant barriers to becoming common law such as not being able to get a visa

 

[armoured]

Has your spouse/girlfriend applied for a Canadian visa and been refused?

Is she married already? Can you visit other countries (conceivably) and get married there? (I don't know whether that has legal ramifications in the Philippines.)

As previous poster noted, it is critical for the conjugal status to be able to prove significant (read: insurmountable) barriers to marriage/common law.

(And I add another q I don't know about, whether you moving to PH in order to establish common law would cause issues for consideration of your conjugal case)

 

[jcs07]

Has your spouse/girlfriend applied for a Canadian visa and been refused?

Is she married already? Can you visit other countries (conceivably) and get married there? (I don't know whether that has legal ramifications in the Philippines.)

As previous poster noted, it is critical for the conjugal status to be able to prove significant (read: insurmountable) barriers to marriage/common law.

(And I add another q I don't know about, whether you moving to PH in order to establish common law would cause issues for consideration of your conjugal case)

1. no, we haven't tried applying for a TRV. Canada has some travel restrictions because of covid-19. is it possible to apply during this time?
2. neither of us are married. only option is to get married here in Canada if she gets TRV

 

[armoured]

1. no, we haven't tried applying for a TRV. Canada has some travel restrictions because of covid-19. is it possible to apply during this time?

All you can do is try applying. I admit I don't know how they'll look at this.

But you say you've been in an LDR for five years and she's never once tried to visit you in Canada? Won't seem very convincing.

2. neither of us are married. only option is to get married here in Canada if she gets TRV

Other countries that have same-sex marriage? Not a criticism, but you're going to be asked to show you face close-to-insurmountable barriers.

 

[jcs07]

All you can do is try applying. I admit I don't know how they'll look at this.

But you say you've been in an LDR for five years and she's never once tried to visit you in Canada? Won't seem very convincing.



Other countries that have same-sex marriage? Not a criticism, but you're going to be asked to show you face close-to-insurmountable barriers.

1. Ya, we can try. and if she got refused with a TRV let say because of Covid, can that be considered as immigration barrier?
I was always the one who go to her (Philippines) since I like to see my other relatives as well. I also went to school last year and did not think of inviting her since my income was not stable.
2. Well, she is a Filipino, countries that she can visit without applying for a visa prohibit same-sex relationships as well. So, Canada is only country I can think of because I can help her with a visa.

 

[CanadianCatLady]

1. Ya, we can try. and if she got refused with a TRV let say because of Covid, can that be considered as immigration barrier?
I was always the one who go to her (Philippines) since I like to see my other relatives as well. I also went to school last year and did not think of inviting her since my income was not stable.
2. Well, she is a Filipino, countries that she can visit without applying for a visa prohibit same-sex relationships as well. So, Canada is only country I can think of because I can help her with a visa.

She can enter Brazil and Costa Rica without a visa and they perform same-sex marriage in those countries. It might be a lower-risk approach. Good luck! I am also in a same-sex relationship and I am so sorry you are dealing with it. It is sad we are unable to be married in most countries

 

[armoured]

1. Ya, we can try. and if she got refused with a TRV let say because of Covid, can that be considered as immigration barrier?
I was always the one who go to her (Philippines) since I like to see my other relatives as well. I also went to school last year and did not think of inviting her since my income was not stable.
2. Well, she is a Filipino, countries that she can visit without applying for a visa prohibit same-sex relationships as well. So, Canada is only country I can think of because I can help her with a visa.

1. I don't know that they'd make any distinction between a visa refusal for covid vs other refusals. I'm not really following visitor visas right now, right now the difficulty may be whether they're accepting applcations for 'non-essential' visits at all. By the way there will be an announcement today:
https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/10/government-introduces-new-border-measures-to-protect-canadian-public-health-provides-update-on-travel-restrictions.html

They have said they will announce measures to allow entry of "certain extended family members of Canadian citizens and Canadian permanent residents, including those in an exclusive dating relationship of at least 1 year."

There is zero chance, I should think, that this will not extend to cover same sex relationships as well.

When the announcement is made be sure to read the details and not just press reports, they are often wrong.

Now I don't want to get your hopes up too much, we've no idea what will be needed to document and it may be very difficult to qualify. But at least you'd be able to apply and if denied, at least you'd have that part of the requirement satisfied. (And if accepted, all the better and you could just get married in Canada and apply inland.) But apply carefully, you wouldn't want a refusal on this to be because they don't believe your relationship.

But the good thing is you'd have a basis to apply for a visa now as a visit based on exclusive relationship. (Again though all these comments possibly premature as no details yet announced)

2. Yes, there may be few options. But doing the research to document helps your case. (Including for example refusals to other countries can't hurt, although much more difficult in covid times.)

Good luck.

 

[Arjayar]

Hi, my girlfriend and I have been together for over 8 years now and been in LDR situation for 5 years. I have visited her in the Philippines 3 times since 2015. I was a Filipino. I got my canadian citizen status last year. I was planning to get dual citizenship and work in the Philippines and live with my girlfriend for a year then apply for a common-law sponsorship. I guess my question is, could conjugal sponsorship also work with our situation? can I sponsor her under conjugal sponsorship before I go to the Philippines so that our application is running while I live with her? I am trying to get the fastest way to sponsor her.

Any advice would be appreciated.

She should apply for TRV first, and if she got denied you can use that as proof of immigration barrier. I did that as well. In fact, I stated that my purpose to travel was to marry. TRV denied June2019, we applied for conjugal sponsorship in Dec2019. Got my COPR Sep2020.
The thing is we don't know if I can enter Canada right now cause only immediate family members with COPR are allowed (spouse or common-law partner) but conjugal partner is not on the list.
We are still waiting to clear this thing.

Goodluck!

 

[armoured]

They have said they will announce measures to allow entry of "certain extended family members of Canadian citizens and Canadian permanent residents, including those in an exclusive dating relationship of at least 1 year."

There is zero chance, I should think, that this will not extend to cover same sex relationships as well.

When the announcement is made be sure to read the details and not just press reports, they are often wrong.

Here are the details of the announcement:
https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors/immediate-family.html#extended

Obviously this is new but it looks like this is the class under which you should apply.