Conjugal sponsorship

[Rdm.Mc]

Sorry if this question is used more then once. Looking for some advice.

I was sent to Ukraine for 6 months to work. Well working there I met my current girlfriend. We spent the majority of my time in Ukraine in a committed relationship and when I returned to Canada I immediate returned to Ukraine for 5 weeks were we lived together in a rented apartment for my entire stay. I'm looking at sponsoring her to come to Canada and as of right now my only option is conjugal sponsorship. She is young and I feel would have a hard time getting a visa to come to Canada. My job also requires me to be limited on times i can travel back to Ukraine.

Me and her have talked and will most likely marry in march on my next trip there. We have everything to validate our relationship but I'm mainly just curious if it is worth submitting paperwork under conjugal or if i need to wait until we marry before I submit sponsorship paperwork. We have been in a relationship for a year.

Any advice would be greatly appreciated

Thanks

 

[canuck78]

Unfortunately your situation doesn't fit the definition of a conjugal relationship you will have to wait to sponsor her until you get married.

 

[Rdm.Mc]

Unfortunately your situation doesn't fit the definition of a conjugal relationship you will have to wait to sponsor her until you get married.

Maybe I'm missing something but what about our relationship isn't conjugal?

I've read that even in situaions where people can marry they can apply for conjugal

 

[canuck78]

A conjugal partner is:

• a person who is living outside Canada,
• in a conjugal relationship with the sponsor for at least one year, and
• could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation).

This term applies to both opposite and same-sex couples.

There are no barriers that are preventing you from getting married. All you have to do is go to the Ukraine.

 

[Rob_TO]

Maybe I'm missing something but what about our relationship isn't conjugal?

I've read that even in situaions where people can marry they can apply for conjugal

No, if you can freely get married you can't qualify as conjugal.

Read here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.45. What is a conjugal partner?
This category was created for exceptional circumstances – for foreign national partners of Canadian or permanent resident sponsors who would ordinarily apply as common-law partners but for the fact that they have not been able to live together continuously for one year, usually because of an immigration impediment. In most cases, the foreign partner is also not able to marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, i.e., they have been in a bona fide conjugal relationship for a period of at least one year

Both marriage and common-law partnership (common-law partnerships may be opposite-sex and same-sex) are legally recognized in Canada for purposes of federal benefits and obligations (Modernization of Benefits and Obligations Act, June 2000). In order to be eligible for federal benefits, couples must either be married or meet the definition of common-law partner in each statute or regulation. IRPA brought CIC’s immigration legislation into conformity with the Modernization of Benefits and Obligations Act.

Because of Supreme Court decisions, the choice not to marry is a constitutionally protected choice. Thus, CIC cannot require couples to marry in order to immigrate. However, if they are not married, they must be common-law partners. There is NO provision for fiancé(e)s or “intended common-law partners” in IRPA. 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.

Marriage immediately creates a legal relationship recognized for immigration purposes. Commonlaw partners, however, have to meet the definition, including living together continuously for one year to have their relationship legally recognized. In the immigration context, there are some exceptional circumstances where a Canadian is in a conjugal relationship with a foreign national partner and would ordinarily sponsor that person as a common-law partner, but the two have not been able to live together continuously for one year, usually because immigration rules prevent them from long stays in one another’s countries. As well, for these individuals, marriage is usually not an available option. The conjugal partner category is mainly intended for partners where neither common-law partner status nor marriage is possible, usually because of marital status or sexual orientation (both analogous grounds of discrimination under the Charter), combined with an immigration barrier.

 

[Jaywill]

I found the document gathering process to be a very long ardous process, getting translations and pinpointing dates etc for the background check, so id grab the checklist and start working on it and fill in the application anyway so you can check it and re-check and update when your married.