Conjugal partner application

[WeegieInOttawa]

Just following up the other day, have a couple more questions after talking with my girlfriend. If I lived there for a year with her or we got married? presumably the outland application would easily apply to us, as I would have to go home to locum as a doctor to keep a decent wage going. Cant do that in Canada unfortunately. And what is the landing timeline would you know? thanks again

Your question seems a little muddled but here goes;

To apply for common law sponsorship you must live together continuously for one year. You cannot go back and forth to work in the UK during this year. After that year yes you could apply Outland if you wished. Or inland and get and OWP (but not not sure how the works as a doctor as OWPs have certain healthcare occupation restrictions I think).

If you get married (next week for example) you could apply as soon as you have your marriage certificate under spousal sponsorship. Again you could do Outland or inland.

With either inland you must be living with your partner in Canada and are advised not to travel during processing because I'd you were refused reentry into Canada you app would be considered abandoned.

Outland you could be living outside of Canada but you can also do outland living IN Canada.

Either case you must submit supporting forms and evidence that are outlined on the application package checklist.. I'd recommend checking this out now if you haven't done so to see what you have and what you'd need.

Have you looked at the IEC for Irish? Not sure of your age or the Irish IEC requirements but worth checking out.

Come back with any more questions.. We're a helpful bunch!

 

[Cobber]

Hi all,

My partner and I have applied for conjugal visa.
From our understanding one of the requirements is a immigration barrier. I have an eta visa so can’t spend more than 6 months at one entry into Canada and definitely can’t work in Canada. She can’t spend more than 6 months in the UK and can’t work there either.
Is that not an immigration barrier to living together for one year?

We also have a child together born and living in Canada with my partner. I’m hoping that had some sort of influence as well.

The worst part is having no communication avenues with Canadian authorities. Quite frustrating!

 

[kcward7]

Hi all,

My partner and I have applied for conjugal visa.
From our understanding one of the requirements is a immigration barrier. I have an eta visa so can’t spend more than 6 months at one entry into Canada and definitely can’t work in Canada. She can’t spend more than 6 months in the UK and can’t work there either.
Is that not an immigration barrier to living together for one year?

We also have a child together born and living in Canada with my partner. I’m hoping that had some sort of influence as well.

The worst part is having no communication avenues with Canadian authorities. Quite frustrating!

No, not at all, and your application will be more than likely rejected.

If you enter Canada as a visitor, you can stay for 6 months, and then extend your stay to meet common law requirements. Alternatively, you can marry.

Because there is nothing stopping you from establishing common law or marrying from a legal or immigration perspective, you do not qualify for conjugal.

If you already submitted, withdraw as soon as you can and reapply once you meet the requirements of either common law or marriage stream.

 

[YVR123]

Hi all,

My partner and I have applied for conjugal visa.
From our understanding one of the requirements is a immigration barrier. I have an eta visa so can’t spend more than 6 months at one entry into Canada and definitely can’t work in Canada. She can’t spend more than 6 months in the UK and can’t work there either.
Is that not an immigration barrier to living together for one year?

We also have a child together born and living in Canada with my partner. I’m hoping that had some sort of influence as well.

The worst part is having no communication avenues with Canadian authorities. Quite frustrating!

That's not an immigration barrier. You could apply for an extension to the visitor status to stay longer than 6 months to establish common law. (living together for 1 year) . Also why marriage isn't an option?

 

[Cobber]

Oh shite so just wasted 7 months

 

[Cobber]

Will have to start plan b then hahah

 

[Cobber]

Thanks for the advice anyway guys. Much appreciated.

 

[Cobber]

Just a side note, due they expect people to not work for a year!? Or can you get a temporary work permit. Seems crazy to expect someone to just hang around not working to gain the one year living together.

 

[kcward7]

Just a side note, due they expect people to not work for a year!? Or can you get a temporary work permit. Seems crazy to expect someone to just hang around not working to gain the one year living together.

It sounds like you need to do some fundamental research of the process.

If you come to Canada as a visitor, you can apply inland. With an inland application you can submit an Open Work Permit application, which takes about 4 months to get. The caveat is that you both have to be in Canada at the time of submission, as opposed to an outland application.

 

[Cobber]

Yeah cheers mate, I’ve just booked an appointment with an immigration expert on Monday.
We’ll find a way.

Fortunately I’m not that desperate because I have a 5 year eta and work offshore on a 3/3 rota so get to see my family every 3 weeks. Been doing that for a year and a half and have bought a house together in Canada so hopefully that can count towards something as well.

 

[Rob_TO]

Fortunately I’m not that desperate because I have a 5 year eta and work offshore on a 3/3 rota so get to see my family every 3 weeks. Been doing that for a year and a half and have bought a house together in Canada so hopefully that can count towards something as well.

It will not count for anything in a conjugal app. As mentioned you don't qualify as conjugal, so any app submitted as such is practically guaranteed to be rejected. In general nobody holding a visa-exempt passport will ever be approved for a conjugal app, except is the most rare of circumstances (I personally haven't seen any such cases approved).

Not working while in another's country, is NOT seen by IRCC as a barrier to becoming common-law.

And if you choose not to become common-law, then you MUST get married in order to be sponsored. This is stated several times in the OP2 manual under various Conjugal sections. https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/op/op02-eng.pdf

When you eventually get married or become common-law and then apply, then yes your home bought together, child in Canada, and all other factors proving your relationship will be of great benefit.

It's not like you wasted any time, since you didn't qualify (and still don't today) anyways to be sponsored for PR. So just a waste of processing fees. Unless by some chance you've lived together for 12 continuous months in the past?

 

[Cobber]

Thanks again for the advice guys.

One more question, for the last year and half I have been staying in Canada on my 3 weeks off then going to UK for 3 weeks work. We have bills together at the address. And joint bank statements etc.
Would this count at all towards common law status?

Thanks in advance

 

[Rob_TO]

Thanks again for the advice guys.

One more question, for the last year and half I have been staying in Canada on my 3 weeks off then going to UK for 3 weeks work. We have bills together at the address. And joint bank statements etc.
Would this count at all towards common law status?

Thanks in advance

Nope, it needs to be 12 continuous months. Only short/temporary breaks for occasional vacations or work trips are allowed (like a couple times at most during the 12 months qualifying). In your case basically 50% of the total time is spent living apart, so I can't see any way this would qualify as common-law.

However on a side note the CRA may consider you common-law for tax purposes based on their rules.

 

[YVR123]

Did you guys see a reply from Cobber?
Is it possible to get conjugal approved for a UK passport holder? (no immigration barrier)

 

[zardoz]

Did you guys see a reply from Cobber?
Is it possible to get conjugal approved for a UK passport holder? (no immigration barrier)

Nope... Almost zero possibility.