Do we qualify as conjugal? Please help

[Bomer]

Hello,

I am writing to seek your advice.

I am in a same-sex relationship (m/m) and both of us are living in the same city but could not live together because of our sexual orientation. Same-sex relationships in my country is a complicated discourse due to its predominantly catholic and philosophical views. Catholicism does not support same-sex relationships. The fight of the LGBT community to have the acceptance of the public has been denied in the last decade. Currently, there is no bill to protect homosexuals as an anti-discrimination bill (ADB)as it did not pass the Senate. These are the reasons why we could not live together as we try to protect our inner peace from discrimination. My question is, I am planning to apply for Express Entry the Federal Skilled Workers Program and I would like to add my partner as my dependent so we could live together in Canada. Do you think we have a good shot for conjugal? We've been together for 5 years now, we own property under our names and we can provide proof that we are genuine couples.

We are both holding degrees in college with over 5 years of work experience and base on our assessment we are listed, under-skilled workers.

Any advice, please.

Thank you in advance.

 

[scylla]

Hello,

I am writing to seek your advice.

I am in a same-sex relationship (m/m) and both of us are living in the same city but could not live together because of our sexual orientation. Same-sex relationships in my country is a complicated discourse due to its predominantly catholic and philosophical views. Catholicism does not support same-sex relationships. The fight of the LGBT community to have the acceptance of the public has been denied in the last decade. Currently, there is no bill to protect homosexuals as an anti-discrimination bill (ADB)as it did not pass the Senate. These are the reasons why we could not live together as we try to protect our inner peace from discrimination. My question is, I am planning to apply for Express Entry the Federal Skilled Workers Program and I would like to add my partner as my dependent so we could live together in Canada. Do you think we have a good shot for conjugal? We've been together for 5 years now, we own property under our names and we can provide proof that we are genuine couples.

We are both holding degrees in college with over 5 years of work experience and base on our assessment we are listed, under-skilled workers.

Any advice, please.

Thank you in advance.

You can only include your partner as a dependent in the application if you are either common law or married. Since you are neither, it's not possible to include your partner in the application. Your only option would be to sponsor your partner after you have PR. You will need to be living in Canada in order to do so.

 

[Bomer]

You can only include your partner as a dependent in the application if you are either common law or married. Since you are neither, it's not possible to include your partner in the application. Your only option would be to sponsor your partner after you have PR. You will need to be living in Canada in order to do so.

Thanks for this. We could not get married cos same-sex marriage is not legal in our country. We could also not be together as a common law cos we are catholic and catholic discriminate same-sex relationships. Are religion and not having Anti Discrimination Bill (ADB) not considered as barriers?

 

[brentmrcs]

Hello,

I am writing to seek your advice.

I am in a same-sex relationship (m/m) and both of us are living in the same city but could not live together because of our sexual orientation. Same-sex relationships in my country is a complicated discourse due to its predominantly catholic and philosophical views. Catholicism does not support same-sex relationships. The fight of the LGBT community to have the acceptance of the public has been denied in the last decade. Currently, there is no bill to protect homosexuals as an anti-discrimination bill (ADB)as it did not pass the Senate. These are the reasons why we could not live together as we try to protect our inner peace from discrimination. My question is, I am planning to apply for Express Entry the Federal Skilled Workers Program and I would like to add my partner as my dependent so we could live together in Canada. Do you think we have a good shot for conjugal? We've been together for 5 years now, we own property under our names and we can provide proof that we are genuine couples.

We are both holding degrees in college with over 5 years of work experience and base on our assessment we are listed, under-skilled workers.

Any advice, please.

Thank you in advance.

Hi! Just to share my current EE application, I am processing our documents to claim a common-law relationship. I think you have to revisit the IRCC’s definition of common-law “In the immigration context, a common-law partnership means that a couple have lived together for at least one year in a conjugal relationship [R1(1)]. A common-law relationship exists from the day on which two individuals can provide evidence to support their cohabitation in a conjugal relationship. The onus is on the applicant to prove that they have been living common-law for at least one year before an application is received at CPC-M.”

They made it clear that cohabitation is a must to establish the common-law relationship. In the IMM 5409E fom (Statutory Declaration of Common-Law Union), they ONLY count the number of years that you have COHABITATED without regard to the date that you two officially became together.

I uploaded a notarized IMM 5409E, life insurance certificates indicating each other as beneficiaries, utility bills with same address, proof of residency from our village, driver’s licenses with same address, and photos.

 

[Bomer]

Hi! Just to share my current EE application, I am processing our documents to claim a common-law relationship. I think you have to revisit the IRCC’s definition of common-law “In the immigration context, a common-law partnership means that a couple have lived together for at least one year in a conjugal relationship [R1(1)]. A common-law relationship exists from the day on which two individuals can provide evidence to support their cohabitation in a conjugal relationship. The onus is on the applicant to prove that they have been living common-law for at least one year before an application is received at CPC-M.”

They made it clear that cohabitation is a must to establish the common-law relationship. In the IMM 5409E fom (Statutory Declaration of Common-Law Union), they ONLY count the number of years that you have COHABITATED without regard to the date that you two officially became together.

I uploaded a notarized IMM 5409E, life insurance certificates indicating each other as beneficiaries, utility bills with same address, proof of residency from our village, driver’s licenses with same address, and photos.

Thanks for this. Are you saying that adding my partner for my EE application as conjugal is impossible? In your case, it is good that you were able to cohabit or live together considering the Philippines is a catholic country and it does not support same-sex relationships.

 

[brentmrcs]

Thanks for this. Are you saying that adding my partner for my EE application as conjugal is impossible? In your case, it is good that you were able to cohabit or live together considering the Philippines is a catholic country and it does not support same-sex relationships.

Impossible at the time being, since you haven’t (in the strictest IRCC definition of common-law) cohabitated yet. Before this post turns political, I guess we are some of the fortunate few to have supporting Filipino parents. I guess, it would be best that you apply in EE as single, then sponsor your partner once you’re in Canada.

ADDENDUM: if you have a life insurance, both of you might want to request for a CENOMAR from PSA. I was able to list my partner as life beneficiary, both in SunLife and PruLife.

 

[Bomer]

Impossible at the time being, since you haven’t (in the strictest IRCC definition of common-law) cohabitated yet. Before this post turns political, I guess we are some of the fortunate few to have supporting Filipino parents. I guess, it would be best that you apply in EE as single, then sponsor your partner once you’re in Canada.

ADDENDUM: if you have a life insurance, both of you might want to request for a CENOMAR from PSA. I was able to list my partner as life beneficiary, both in SunLife and PruLife.

Thank you. So the definition of this site is not true then.

https://canadianvisa.org/blog/immigration/immigrate-canada-couple#:~:text=If you are applying as,law partner or conjugal partner.

It says:

Express Entry is a system that controls the federal government’s three main immigration programs, the Federal Skilled Workers Program, the Federal Skilled Trades Program, and the Canadian Experience Class.

Couples applying through the Express Entry system can follow one of two pathways: Either the main applicant lists the spouse, common-law partner, or conjugal partner as a dependent or they name them as a secondary-applicant. Take into account that of the three programs offered, couples who are listing dependents can only apply to the Federal Skilled Worker and Federal Skilled Trades Programs because the Canadian Experience Class does not allow dependents and is more suited to single, young professionals.

I thought we can be considered as conjugal cos I read some information that religion can be a barrier and not having Anti-discrimination Bill will support this as well.

 

[brentmrcs]

Thank you. So the definition of this site is not true then.

https://canadianvisa.org/blog/immigration/immigrate-canada-couple#:~:text=If you are applying as,law partner or conjugal partner.

It says:

Express Entry is a system that controls the federal government’s three main immigration programs, the Federal Skilled Workers Program, the Federal Skilled Trades Program, and the Canadian Experience Class.

Couples applying through the Express Entry system can follow one of two pathways: Either the main applicant lists the spouse, common-law partner, or conjugal partner as a dependent or they name them as a secondary-applicant. Take into account that of the three programs offered, couples who are listing dependents can only apply to the Federal Skilled Worker and Federal Skilled Trades Programs because the Canadian Experience Class does not allow dependents and is more suited to single, young professionals.

I thought we can be considered as conjugal cos I read some information that religion can be a barrier and not having Anti-discrimination Bill will support this as well.

I can’t vouch for the veracity of this webpage (even though this forum is made by them). You might want to double check with IRCC (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html) for the definition of common-law.

Note that when choosing your civil status, there is no “conjugal relationship” option, only “common-law” ... and of course single, married, etc.

Addendum: for sensitive or specific incidents like this, it would be best to use the IRCC website as resource. Case in point, in the link that you have sent, the proof of funds has already been updated for this year.

 

[brentmrcs]

Just saw this webpage from IRCC too, you might want to run through it.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-conjugal.html

Under paragraph 4, bullet 1 .... “shared shelter”

Under article 2, paragraph 2 ... “It (conjugal relationship) applies only to the family class and only to a foreign national abroad who is sponsored by a Canadian citizen or permanent resident living in Canada. It does not apply to applicants in the spouse or common-law partner in Canada class.”

 

[Bomer]

I can’t vouch for the veracity of this webpage (even though this forum is made by them). You might want to double check with IRCC (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html) for the definition of common-law.

Note that when choosing your civil status, there is no “conjugal relationship” option, only “common-law” ... and of course single, married, etc.

Addendum: for sensitive or specific incidents like this, it would be best to use the IRCC website as resource. Case in point, in the link that you have sent, the proof of funds has already been updated for this year.

Thank you for your advice. I read lots of websites looking for answers out of frustration.

 

[Bomer]

Just saw this webpage from IRCC too, you might want to run through it.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-conjugal.html

Under paragraph 4, bullet 1 .... “shared shelter”

Under article 2, paragraph 2 ... “It (conjugal relationship) applies only to the family class and only to a foreign national abroad who is sponsored by a Canadian citizen or permanent resident living in Canada. It does not apply to applicants in the spouse or common-law partner in Canada class.”

Sorry. I cannot find paragraph 2. But is this mean that we really do not have a chance?

 

[brentmrcs]

Thank you for your advice. I read lots of websites looking for answers out of frustration.

You’re welcome. I wish you the best in your application.

 

[brentmrcs]

Sorry. I cannot find paragraph 2. But is this mean that we really do not have a chance?

I wouldn’t say that you do not have a chance since a. I am not an immigration officer, b. If you would apply now, you CAN NOT claim a common-law relationship - since you can’t prove one, making you “single” in their eyes. Who knows, maybe you’ll be allowed to cohabitate, and qualify as common-law partners a year from now.

It is under the subarticle The conjugal partnership category in IRPA

 

[Bomer]

You’re welcome. I wish you the best in your application.

Same feeling. I am happy for you and your partner that you were able to meet all the qualifications. Did you submit your application already?

 

[brentmrcs]

Same feeling. I am happy for you and your partner that you were able to meet all the qualifications. Did you submit your application already?

We just have a few more papers to notarize and upload, but we have uploaded 80% of the requirements already.