Pregnancy Vs Sponsorship (this is a long read)

[InTheNameOfLove]

I have been a permanent resident in Canada for the last 10 years.

I am intending to sponsor to Canada my conjugal partner who lives in Cuba.

He was my boyfriend for about 3 years when I was 15 and he was 18.

Neither us or our families have ever stopped being friends to each other, and we started an intimate relationship again on September 1st, 2016.

We never thought we would get married ever again, so we never tried to even get divorced from our ex partners.

But we are both very anxious to marry each other and to have the wedding of our dreams.

We have made all kinds of planning and arrangements to do so with our families and our friends from Cuba and from Canada, and he is even making our own wedding bands himself as he makes Jewelry for a living.

My conjugal partner is divorced already as of July 14th, 2017.

Unfortunately, the Clearance papers of my very simple joint divorce application which came from Ottawa after almost 3 months, arrived with an error on my last name.

Such papers haven't been sent back to Ottawa still as I was informed this past Monday, July 17, 2017 at the court house in my area.

We have maintained a fantastic communication through phone calls, text messages, emails, video chats and my visits to Cuba.

After I came back from my last visit I found out I am pregnant.

Even though we are extremely happy, we are also extremely sad because we are not together, and I can't just leave my responsibilities in Canada behind.

What kind of process do I have to go through, so that we can be together as soon as possible?

Fortunately, we are very committed to each other, and we just can't wait to start a life together.

 

[mikeymyke]

He cannot be sponsored as conjugal (if thats what you're trying to do), as there's no immigration or legal barrier to you guys getting married. For example, there's no reason why you couldnt have waited to divorce, then marry him in Cuba

 

[InTheNameOfLove]

Thank you for your answer "mikeymyke".
As I wrote in my original post, that was our plan: to wait for our divorces, get married, and then proceed with the sponsorship. But as I also wrote, I am now expecting a child. That's the reason of my question.

 

[scylla]

Thank you for your answer "mikeymyke".
As I wrote in my original post, that was our plan: to wait for our divorces, get married, and then proceed with the sponsorship. But as I also wrote, I am now expecting a child. That's the reason of my question.

Unfortunately pregnancy won't be accepted as grounds for a conjugal application. Your options are to either get married or live together for a year to become common law before you can apply to sponsor him for PR. If you try the conjugal route, it will end in refusal. You don't meet the requirements for conjugal.

You'll either have to visit him and get married. Or he can try applying for a TRV and if it's approved, come to Canada and get married here.

 

[InTheNameOfLove]

Thank you for your answer "scylla".

See, we definitely want to be married to each other, but unfortunately my divorce papers are now back to step 1, that is if they finally got sent back to Ottawa, and all because of an error in their side.

I totally agree that pregnancy shouldn't be grounds for sponsorship, or else people would chose that route.

However, I was hopping that there was something else besides what I have knowledge of so far, so that we could be together as soon as possible without me having to leave Canada and all of my responsibilities behind.

Would you please clarify what are the requirements for the Conjugal sponsorship and what is a TRV? I'll gladly appreciate it.

Thank you in advance!!

 

[starnaenae]

Co

Thank you for your answer "scylla".

See, we definitely want to be married to each other, but unfortunately my divorce papers are now back to step 1, that is if they finally got sent back to Ottawa, and all because of an error in their side.

I totally agree that pregnancy shouldn't be grounds for sponsorship, or else people would chose that route.

However, I was hopping that there was something else besides what I have knowledge of so far, so that we could be together as soon as possible without me having to leave Canada and all of my responsibilities behind.

Would you please clarify what are the requirements for the Conjugal sponsorship and what is a TRV? I'll gladly appreciate it.

Thank you in advance!!

definition of conjugal partner is on cic website but basically there is a barrier (specific ones) that do now allow the couple to be together and stuff - look it up.

Trv is a visitor visa

 

[Rob_TO]

Would you please clarify what are the requirements for the Conjugal sponsorship

You must show a legal or immigration barrier to getting married or becoming common-law.

A legal barrier would be if 1 party is previously married, and lives in a country where divorce is illegal (like Philippines). If both of you can legally get divorced, then that is what you are expected to do, then get married and apply for PR.

Legal barriers can also prevent people from living together to become common-law, for example (again in Philippines) if it's illegal for someone to live with another who is separated but still legally married to someone else.

An immigration barrier would be for example a same sex couple where applicant is from a country that prohibits same sex marriage, and is unable to get a TRV approved to visit Canada or another country that allows it.

Read all the conjugal sections in this OP manual: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

 

[InTheNameOfLove]

Thank you everyone for all of your answers! I greatly appreciate it!

 

[canadianwoman]

A TRV is a visitor visa. He can apply for one, though note that they can be difficult to get. To get one, he has to show proof that he will leave Canada and go back to Cuba. Things like a letter from his boss giving him time off; a return ticket with a specified date; a lease or mortgage or house title in Cuba; bank accounts and investments; family responsibilities such as children; enrollment in school, with the tuition paid for time after his visit to Canada; and so on: basically anything that would help convince the visa officer that he is just going to visit Canada.