when i send in application to sponsor my conjugal of 4 years, I want to also send an unrestricted open work permit application. How do they know he is applying as my sponsor ? he will be denied if he applies just as a work permit. I also want to know He is in the Netherlands and can be in Canada 6 months visa Can we apply as soon as he arrives and start the applications? and can he apply for temporary open work visa while we wait? which happens first?
what order do you send in applications?
- Thread starter Wiki Ni
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Your post is a bit confusing and I'm concerned that you have plans to apply as conjugal partners when it doesn't sound like you qualify.
You can ONLY apply for an open work permit if both you and your partner are physically in Canada, you are either married or common law, and you submit a spousal sponsorship application and include an open work permit with it.
If you submit an open work permit on it's own, it will be refused. You also cannot submit an open work permit with an outland application (while he is outside of Canada).
If he is in the Netherlands and can travel to Canada as a visitor quite easily, then it makes no sense to be applying as a conjugal couple. You don't meet the requirements and your application will be refused.
If he can travel to Canada, then you need to get married or live together for a year to become common law, then you need to submit the inland sponsorship application along with the open work permit.
I am Canadian in Canada, I want to sponsor my partner over from Netherlands we have been back and forth for last 4 years... he wants to be here at christmas.. Conjugal as we are both old i am grandparent disabled on a pension.. my daughter is married. on her own. He is working in Netherlands and wants to come here live with me become Canadian we started paperwork a year ago. covid hit we got scared like everyone . stopped pursuing it we both emotionally had a break down we need each other... The Netherlands and Canada allows 6 months visits I want to know if he comes and we put in his application while he is here...so from within Canada I start the process of sponsoring him... it states that if i sponsor him, that on the link below he can apply for a work permit and being that he is just a regular working guy in Netherlands he could apply for open unrestericted work permit....he has no other option for employment but to be able to take anything he can get. so i provide the info i found below:
**Open work permit:
https://www.immigration.ca/open-work-permit-in-canada
https://www.immigration.ca/permanent-residence-applicants-open-work-permits-in-canada
does this mean when i sponsor him , spousal/commonlaw(conjugal partner) application while he is in Canada, how/ where do i include this work (above) application so that its attached with the spousal application? so it does not get rejected so they see its part of the spousal sponsor? and what happens first spousal sponsor or work application? and while we apply for spousal sponsoring and are waiting and put in the work application. do they review them together or as separate applications? he wants to know if he will be in Canada over a year without working?: Can he wait that long if his Netherland Visa is only 6 months what happens next while we are waiting?
I am not sure if I explained it any better?
**Open work permit:
https://www.immigration.ca/open-work-permit-in-canada
https://www.immigration.ca/permanent-residence-applicants-open-work-permits-in-canada
does this mean when i sponsor him , spousal/commonlaw(conjugal partner) application while he is in Canada, how/ where do i include this work (above) application so that its attached with the spousal application? so it does not get rejected so they see its part of the spousal sponsor? and what happens first spousal sponsor or work application? and while we apply for spousal sponsoring and are waiting and put in the work application. do they review them together or as separate applications? he wants to know if he will be in Canada over a year without working?: Can he wait that long if his Netherland Visa is only 6 months what happens next while we are waiting?
I am not sure if I explained it any better?
we cant live out a year.. because neither of us can stay a year in eithers country.. me as i need my disability and i care for my daughter and grandson here and he needs to work in his country,, so that is why its call conjugal.. it adds up to the same for the same reasons why we can not be called common law.. the commitment its almost the same just by circumstance we can not live a year. we have already seen our local MP and he went over this with us a year ago. over 4 years together has been at least a full year of living together.
I believe it has to be a full year of continually living together for common law not a total of a year. For conjugal there has to be an immigration barrier and something like you can't legally get married (for example some places don't allow divorce, or same sex couples in various countries can't marry etc). If he can visit you in Canada and there's no legal barrier to marriage you can't do conjugal sponsorship.
CAN you get married though? If you can and just don't want to then conjugal won't be applicable.
You must either get married or be common law in order to go through the sponsorship process.
To be common law, you must live together continuously for at least one full year.
If you cannot live together continuously for at least one full year or haven't done this already, then you need to get married before you start the sponsorship process.
MPs are not immigration experts and it's not a very good idea to take advice from them.
You do not qualify for conjugal since there are no real immigration barriers preventing you from getting married or becoming common law.
You apply for an extension to stay longer. It's extremely easy.
what you are all telling me is that we met 4 years ago and I see him in his country for 3 month visits 3 times and he comes here for 3 month visits 4 times living with each other i cant stay longer one because i have to have medical treatments and care and family here. He doesnt have any skills that Canada would give him a work visa to come and stay, for us to see each other longer (1yr) so he can not afford to be out of work for long peroids, pay for a home back there, be here for a year pay to come here and pay for living here for a year with no work because he does not rate to get a work visa. As well as save for when he is awaiting the 1 year sponsor period . that's 2 years not working thats a long time of pressure and stress financially on two low income people and me on pension disability. When we are together we are common law in my home i look after him we share everything, in his home the same its like its my home i have decorated his home and his belongings are in my home. We are elder folks we don't have alot. we are not starting out careers we are ending them. We just want to live them lastly together, Forcing marriage on us i am from an abusive marriage I love this man want him here with me , I want my estate to go to my children. living commonlaw in canada already has its laws that will cover him, in any case when he arrives we will be common law. We would be common law if we could be in the same place long enough, is our situation not understandable...? It is for us impossible for us to have done this any other way, we have no other solution to get him here with me as my commonlaw partner. he can not afford to be out of work for 2 years(1 sitting here with me to be common law, and another the waiting period for the sponsorship) as i wrote above, surely We would not be the only ones in this situation. and Conjugal was not specified only that if commonlaw could not be reasonably fullfilled. Is that not what a immigration lawyer is there to help advocate for?
What we are telling you is that you technically do not meet the requirements for a conjugal application.
You are of course free to apply as conjugal. It will likely be a much more difficult path and the outcome will be very uncertain.
You are definitely not common law per Canadian immigration rules since you haven't yet lived together for one year continuously.
Ultimately it's your choice what you do. Good luck.
You can of course apply as common law or conjugal if you want, but what people are telling you is that you don't meet the requirements for either situation so you will very likely be refused. You can always talk to a lawyer but they can't change the law or requirements though. No one is trying to force marriage on you, just being realistic that getting married is the most realistic way to bring your partner to Canada given that you don't meet requirements for the other two options. I understand that people have reasons for not wanting to be married and inheritance can be a big one - in my home country people can usually make wills such that their estate is left to their kids not a spouse married late in life. Perhaps you can do something like that.
Best of luck to you with whatever you decide to do.