Unable to get details of conjugal application refusal

[e28makaveli]

We made several horrendous errors on our conjugal application for PR residency which was rejected for the following reasons:
1. Insufficient fees.
2. Passport photos not meeting spec (we have an 18 month old who will not sit still).
3. Proof of relationship to sponsor:
a: lacking a written statement attesting to the fact that we are unable to marry or live together explaining why
b: lack of additional documents:
i) financial support and/or dependency such as joint back accounts
ii) At least 2 letters of support from individuals with personal knowledge of the relationship supporting your declaration the relationship is genuine

Don't know how we could have messed this up so badly.

I get the issue with the fees. I did not pay the additional $150 for the applicant's dependent. I also get the issue with the photo after reading the specs. Child was not sitting square.

However, item 3 is throwing me completely off.

On 3(a), we simply filled out the section on form 5532 but did not provide a separate detailed statement. So this could be the issue, I am guessing. O

On 3(b)(i), we do not have a joint bank account but do appear on the lease of her apartment and she is on my benefits plan. Partner lives in the US and I live here.

On 3(b)(ii), we included two such letters from friends, so do not know what they seek here. Any advice?

Thank in advance.

 

[kcward7]

We made several horrendous errors on our conjugal application for PR residency which was rejected for the following reasons:
1. Insufficient fees.
2. Passport photos not meeting spec (we have an 18 month old who will not sit still).
3. Proof of relationship to sponsor:
a: lacking a written statement attesting to the fact that we are unable to marry or live together explaining why
b: lack of additional documents:
i) financial support and/or dependency such as joint back accounts
ii) At least 2 letters of support from individuals with personal knowledge of the relationship supporting your declaration the relationship is genuine

Don't know how we could have messed this up so badly.

I get the issue with the fees. I did not pay the additional $150 for the applicant's dependent. I also get the issue with the photo after reading the specs. Child was not sitting square.

However, item 3 is throwing me completely off.

On 3(a), we simply filled out the section on form 5532 but did not provide a separate detailed statement. So this could be the issue, I am guessing. O

On 3(b)(i), we do not have a joint bank account but do appear on the lease of her apartment and she is on my benefits plan. Partner lives in the US and I live here.

On 3(b)(ii), we included two such letters from friends, so do not know what they seek here. Any advice?

Thank in advance.

I am not an expert and there are going to be those more experienced to weigh in here, but most US/CAN conjugal apps would be rejected as there are no real barriers preventing you from marriage or common law in almost every situation like this. What was the reason to apply under conjugal? It is possible they rejected it because your reasoning was not sufficient but I think more details would need to be provided here about the situation to understand.

 

[spousalsponsee]

On 3(b)(i), we do not have a joint bank account but do appear on the lease of her apartment and she is on my benefits plan. Partner lives in the US and I live here.

That's the most obvious problem, and makes it unlikely that you can have a valid application. You are a Canadian on her US lease. So you can be physically together, which means you can get married, and you can live together. Unless there's something you haven't said (eg ultra-Orthodox Jews on your 2nd relationship), you don't meet the basic criteria for a conjugal application (that you are unable, due to legal or immigration barriers,to get married or establish common law status).

 

[scylla]

The biggest mistake was applying under conjugal to start with. As others have explained, given your partner is American, there's no immigration barrier that's preventing you from getting married or becoming common law. Don't reapply until you are either married or common law. If you do - it will end with another refusal.

 

[e28makaveli]

The biggest mistake was applying under conjugal to start with. As others have explained, given your partner is American, there's no immigration barrier that's preventing you from getting married or becoming common law. Don't really until you are either married or common law. If you do - it will end with another refusal.

We are unable to get married because I am currently going through a divorce. This is our main impediment to marriage.

 

[scylla]

We are unable to get married because I am currently going through a divorce. This is our main impediment to marriage.

What about common law?

 

[e28makaveli]

Thanks for most of the responses. Again the application was not rejected. It was simply returned and not processed since it did not meet all the conditions to be considered for processing. The letter states:

"An application must meet the requirements of sections 10 and 11 of the Immigration and Refugee Protection Regulations (IRPR) to be accepted for processing...."

 

[e28makaveli]

What about common law?

We cannot declare common law as we do not live continuously in the same place. I visit her for 2 weeks in the US and she comes and visits me up here for a month or so and the cycle repeats. She is not allowed to live her for more than 6 months and the last border agent gave us a hard time when she said she was coming her for 2 months.

We have looked at all the angles and conjugal is the only way for us to live together while I go through the divorce, especially given I have kids here. Otherwise I could just apply for a job in the US and move there.

 

[scylla]

How soon will your divorce be final? Conjugal is very difficult for Americans to prove and processing typically takes longer. If your divorce is going to be finalized within 6 or so, you might want to consider waiting out the divorce, getting married and then applying. Even with what you've outlined, conjugal may still be refused. It's by far the most difficult of the three paths.

 

[e28makaveli]

How soon will your divorce be final? Conjugal is very difficult for Americans to prove and processing typically takes longer. If your divorce is going to be finalized within 6 or so, you might want to consider waiting out the divorce, getting married and then applying. Even with what you've outlined, conjugal may still be refused. It's by far the most difficult of the three paths.

Wish I had a definite answer for when my divorce will be final. Settlement Conference is end of September and even though I will try to ensure we get out of there with a resolution, I do not want to compromise my position simply because I need to re-marry. Probably, I also do not want to rush into marriage again just for the sake of immigration purposes. But point well taken.

If conjugal is based on facts and not on how that immigration officer felt on that day, I have no doubt in my mind that it will be granted since this is a genuine relationship. I always have the option to relocate to the US, if it boils down to that but for the sake of my children want to give here a chance first.

 

[CanadianZenGirl]

If conjugal is based on facts and not on how that immigration officer felt on that day, I have no doubt in my mind that it will be granted since this is a genuine relationship.

Chances that your conjugal application will be granted are slim to none. You absolutely can do common law. When the first six months are almost up, she simply applies for an extension for a further six months. She can state on the application that she needs a full year in Canada for common law. Couples do this frequently. You really have no barrier that makes it impossible for you to be together.

 

[Rob_TO]

If conjugal is based on facts and not on how that immigration officer felt on that day, I have no doubt in my mind that it will be granted since this is a genuine relationship. I always have the option to relocate to the US, if it boils down to that but for the sake of my children want to give here a chance first.

Chance of a conjugal app succeeding in your case is practically zero. The relationship itself being genuine is irrelevant, the problem is that US/Canadian couples have no real legal or immigration barriers to becoming married or common-law. Read all the conjugal sections here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

In general US citizens can't apply as conjugal, since they will almost never qualify. There is no real legal/immigration barrier to you not living together to become common-law, this is your personal choice. Economic, jobs, family, schooling, etc are not seen as barriers by IRCC.

Also you can get married, you just have to wait for your divorce. Conjugal is not an option to speed up the immigration process while waiting for divorce. Once divorced, you are expected to get married if you don't want to live together to become common-law. Again deciding not to get married is seen as your personal choice. In the OP manual I linked to, it states multiple times that if you aren't common-law you're expected to get married before submitting any app.

Seriously, forget the conjugal class ever existed and don't waste time/effort on it. Just look at ways to becoming common-law or married, and choose one of those 2.

 

[spousalsponsee]

Wish I had a definite answer for when my divorce will be final. Settlement Conference is end of September and even though I will try to ensure we get out of there with a resolution, I do not want to compromise my position simply because I need to re-marry. Probably, I also do not want to rush into marriage again just for the sake of immigration purposes. But point well taken.

If conjugal is based on facts and not on how that immigration officer felt on that day, I have no doubt in my mind that it will be granted since this is a genuine relationship. I always have the option to relocate to the US, if it boils down to that but for the sake of my children want to give here a chance first.

There is no prospect whatsoever of your conjugal application being approved. You can get married, and you can live together for 12 months. That you are choosing not to is not an immigration impediment.

 

[kcward7]

If the app is in fact simply returned at this point due to missing information and not actually rejected, why would you even take such a risk that would likely end up in rejection when you can rectify this and apply as common law or as a married couple? You will save yourself a ton of heartache and it sounds like a blessing the application was merely returned at this stage.

 

[e28makaveli]

Great responses guys. Will forget about the conjugal application and look into common law. Thanks again.