Same sex conjugal partner PR application refused - 2nd time

[armoured]

Absolutely. And I'm literally flying back and forth to Europe to be able to spend at least a week together every couple of months, which is physically and mentally exhausting as hell.

However, if it comes down to refuse, basically the choice here will be between a long way to potentially achieve the justice (and could take years), or say f- it, get married and be together in Canada in half a year (given that even in our case officer confirmed that the relationship exists and clear).

I want to be together with the woman I love, and honestly I don't care it will force us to get married not as we planned (I proposed already)

That's rough.

I would say I think in all cases that if it's possible to get married, it is the better way to go with spousal. Conjugal really was/is meant for those that cannot get married, for external reasons (ones not under their control)..

I can say - having checked the docs - if you get married and submit the info, they MUST take into consideration the marriage (i.e. will effectively become a spousal sponsorship).

 

[whiterabbit]

and yes, have done personally

What country, if you don't mind me asking?
We found the one that accepts documents from our country of origin (Russia) as they are, so should not be the issue. Will fly there in November.

 

[whiterabbit]

I would say I think in all cases that if it's possible to get married, it is the better way to go with spousal. Conjugal really was/is meant for those that cannot get married, for external reasons (ones not under their control)..

I can say - having checked the docs - if you get married and submit the info, they MUST take into consideration the marriage (i.e. will effectively become a spousal sponsorship).

If there is no refuse by this time (which I doubt honestly) - of course we will submit the update of our status. Otherwise, I am just preparing the new package of the docs (which is basically the same package with updated marital status, dates, and adding legal marriage details) to submit as soon as we have the certificate in our hands.

 

[armoured]

What country, if you don't mind me asking?
We found the one that accepts documents from our country of origin (Russia) as they are, so should not be the issue. Will fly there in November.

Russia! As far as I'm aware other countries of former Soviet Union don't - but have not personally tried them all.

Actually also Canada (provinces I'm aware of, anyway), but that doesn't help you.

But now i do see that much of Europe requires birth certificates (and lots don't do marriages unless one of the partners is a resident).

 

[whiterabbit]

As far as I'm aware other countries of former Soviet Union don't - but have not personally tried them all.

Yeah, we checked many options and decided to go with Georgia - the simplest by far, and, what's the most important, everything is done in a couple of days.

Russia

LMAO
No way I or my fiance go there to apostille birth certificates - way too dangerous as we are citizens both living in countries that oppose Russia.

 

[armoured]

Yeah, we checked many options and decided to go with Georgia - the simplest by far, and, what's the most important, everything is done in a couple of days.

Enjoy. Georgia is wonderful.

LMAO
No way I or my fiance go there to apostille birth certificates - way too dangerous as we are citizens both living in countries that oppose Russia.

Understood, of course. I'm a bit surprised getting apostille done not possible through consulate, but I've not had to do anything like that (or at least not in a long time).

 

[whiterabbit]

getting apostille done not possible through consulate

That's basically the definition of apostille. It must be issued in a country that physically issued the document, so you can only get an apostille through a consulate if you got it from that consulate (or another one in the same country).

So hypothetically I could request a copy of a birth certificate in a Russian consulate in Canada and get an apostille on it, but tbh it's easier to fly to Georgia and get married there lol

 

[armoured]

That's basically the definition of apostille. It must be issued in a country that physically issued the document, so you can only get an apostille through a consulate if you got it from that consulate (or another one in the same country).

So hypothetically I could request a copy of a birth certificate in a Russian consulate in Canada and get an apostille on it, but tbh it's easier to fly to Georgia and get married there lol

Good point. We can do them through mail, even if it's a bit slow, but I guess that doesn't work easily for Russia now.

 

[S.Wright]

Good morning everyone, I am not sure if my partner and I should apply as conjugal or common law.

So we have been together since August 2023, but have known each other for over 15 years. My partner has a visitor’s visa and has been traveling to Canada to visit me since December 2023. We are a same sex couple so we are not able to get married in our home country and I am a Canadian citizen. She works fully remote and started visiting me here in Canada for long periods since June 2024. She usually stays for 3-4 months, then leaves for 2 weeks then comes back. Most of the times when she leaves both my son and I go with her. We have a joint bank account, where we pay all the utility bills from. She is not able to “live here” in Canada with me because she only has a visitor’s visa and does not want to go out of status. Our family and friends know about our relationship and we have lots of photos and messages. Should we do common law or conjugal ?

 

[Naturgrl]

Good morning everyone, I am not sure if my partner and I should apply as conjugal or common law.

So we have been together since August 2023, but have known each other for over 15 years. My partner has a visitor’s visa and has been traveling to Canada to visit me since December 2023. We are a same sex couple so we are not able to get married in our home country and I am a Canadian citizen. She works fully remote and started visiting me here in Canada for long periods since June 2024. She usually stays for 3-4 months, then leaves for 2 weeks then comes back. Most of the times when she leaves both my son and I go with her. We have a joint bank account, where we pay all the utility bills from. She is not able to “live here” in Canada with me because she only has a visitor’s visa and does not want to go out of status. Our family and friends know about our relationship and we have lots of photos and messages. Should we do common law or conjugal ?

Neither right now. So marriage is not an option even if visiting in Canada? You are only common law if you have lived together for 12 months continuously. So not CL. You have no immigration barriers to being together if she has a TRV so really not conjugal. She can stay in Canada for a year as a visitor. She applies for a visitor record to stay.

 

[armoured]

Good morning everyone, I am not sure if my partner and I should apply as conjugal or common law.

So we have been together since August 2023, but have known each other for over 15 years. My partner has a visitor’s visa and has been traveling to Canada to visit me since December 2023. We are a same sex couple so we are not able to get married in our home country and I am a Canadian citizen. She works fully remote and started visiting me here in Canada for long periods since June 2024. She usually stays for 3-4 months, then leaves for 2 weeks then comes back. Most of the times when she leaves both my son and I go with her. We have a joint bank account, where we pay all the utility bills from. She is not able to “live here” in Canada with me because she only has a visitor’s visa and does not want to go out of status. Our family and friends know about our relationship and we have lots of photos and messages. Should we do common law or conjugal ?

BY FAR your best approach here is to get married when your partner is next in Canada. (You can get married in Canada fairly simply) My strong suggestion is to do this ASAP. Everything else is secondary, really.

Your next-best solution is for your partner to arrive in Canada and request a visitor extension (and then apply when you have 12 months to show common law).

Both other approaches are likely to have serious issues:
-verifying that you have resided together continuously for 12 months seems either impossible or fraught with difficulty.
-conjugal - in general can be refused if your partner has a visa to Canada ... because you have no barrier to residing together or remaining.

 

[S.Wright]

Neither right now. So marriage is not an option even if visiting in Canada? You are only common law if you have lived together for 12 months continuously. So not CL. You have no immigration barriers to being together if she has a TRV so really not conjugal. She can stay in Canada for a year as a visitor. She applies for a visitor record to stay.

So even with her going back and forth since June 2024 and not being apart for 90 days. Still doesn’t classify us as CL? Oh I didn’t know TRV means you guys have no barriers.

 

[Naturgrl]

So even with her going back and forth since June 2024 and not being apart for 90 days. Still doesn’t classify us as CL?

Have you lived together continuously (no breaks) for 12 months? If not, you are not common law. If going back and forth then no CL unless travelling with your partner to their country and staying with them.

 

[S.Wright]

Have you lived together continuously (no breaks) for 12 months? If not, you are not common law. If going back and forth then no CL unless travelling with your partner to their country and staying with

Yea in my initial question I explained that when she leaves for 2 weeks both my son and I usually go with her. So when we go with her we usually stay together at the same house. So I just wanted further clarification on this because through my reading it says individuals shouldn’t be apart for 90 days or more.

 

[Naturgrl]

Yea in my initial question I explained that when she leaves for 2 weeks both my son and I usually go with her. So when we go with her we usually stay together at the same house. So I just wanted further clarification on this because through my reading it says individuals shouldn’t be apart for 90 days or more.

So if you have lived together continiously with no breaks for a minimum of 1 year then you are common law. You cannot be apart AT ALL for the year you are claiming common law. So if you are claiming common law from August 2023 to August 2024 then you would have been together every day with no breaks apart. To prove common law then you show joint bank accounts, utilities, rental agreements, insurance policies etc. Cannot just say you lived together but show proof. What dates are you claiming as common law? Is partner Canadian citizen?