Applying for Conjugal Partner Status

[Timothydenomie]

Hello!

My partner lives in Canada while I live in the US. He and I have been together since July 1st of 2016. I've visited him 3 times and he has visited me once. Would he be able to sponsor me as a conjugal partner? As far as providing proof that we have been together for over a year goes we have plenty of texts, records of phone calls, cards sent to each other, etc. However, we are both in the closet so not many people know about our relationship. Would that be an issue as far as proof of the relationship goes? Also, would it be possible for me to obtain an open work permit if I was granted conjugal partner status? I really would like to not go the whole LMIA route.

I appreciate any input that can be provided!

 

[Rob_TO]

You do not qualify as conjugal, and any such app you submitted is guaranteed to be rejected. In general a US/Canadian couple can never qualify as conjugal.

Proof of or length of a relationship is irrelevant. Reason for not qualifying is there is no legal barrier to you getting married or becoming common-law. Any such decision not to would be considered your personal choice. For this reason alone, conjugal is not an option for you. Do not even consider it. Get married or become common-law, then apply.

 

[Timothydenomie]

You do not qualify as conjugal, and any such app you submitted is guaranteed to be rejected.

Proof of or length of a relationship is irrelevant. Reason for not qualifying is there is no legal barrier to you getting married or becoming common-law. Any such decision not to would be considered your personal choice. For this reason alone, conjugal is not an option for you. Do not even consider it. Get married or become common-law, then apply.

In the past I tried to obtain a work permit but was denied because I did not have a LMIA. I was told I did not need one from an immigration lawyer and then when I went to the border I was denied. During the time I was in Canada, we did live together from June 7th to November 20th. Would that count for anything?

 

[scylla]

In the past I tried to obtain a work permit but was denied because I did not have a LMIA. I was told I did not need one from an immigration lawyer and then when I went to the border I was denied. During the time I was in Canada, we did live together from June 7th to November 20th. Would that count for anything?

No - it won't.

You need to live together continuously (i.e. without a break) for a full year to be classified as common law.

 

[Timothydenomie]

No - it won't.

You need to live together continuously (i.e. without a break) for a full year to be classified as common law.

So it doesn't seem like I'll qualify for conjugal or common law partner?

 

[Rob_TO]

In the past I tried to obtain a work permit but was denied because I did not have a LMIA. I was told I did not need one from an immigration lawyer and then when I went to the border I was denied. During the time I was in Canada, we did live together from June 7th to November 20th. Would that count for anything?

If you qualify for a job in Canada that falls under NAFTA rules, you don't need an LMIA. But the job and your qualifications must match the NAFTA definitions to qualify for this.

Regardless, this is completely irrelevant to you applying as conjugal. Any way you put it, conjugal sponsorship is not an option for you as you won't qualify.

So if a work permit is not an option for you then to be sponsored for PR you must first get married, or become common-law. To become common-law means you have lived together 12 consecutive months with no breaks (can be in either USA or Canada as a visitor, or combo of the 2 countries).

Time spent living together from June - November doesn't help either since there has now been a long break, so the 12 month clock is back at zero. It must be 12 consecutive months of cohabitation.

 

[Timothydenomie]

If you qualify for a job in Canada that falls under NAFTA rules, you don't need an LMIA. But the job and your qualifications must match the NAFTA definitions to qualify for this.

Regardless, this is completely irrelevant to you applying as conjugal. Any way you put it, conjugal sponsorship is not an option for you as you won't qualify.

So if a work permit is not an option for you then to be sponsored for PR you must first get married, or become common-law. To become common-law means you have lived together 12 consecutive months with no breaks (can be in either USA or Canada as a visitor, or combo of the 2 countries).

Time spent living together from June - November doesn't help either since there has now been a long break, so the 12 month clock is back at zero. It must be 12 consecutive months of cohabitation.

I gotcha. Does it matter if we were to get married in the US or Canada or would either license be valid for Canada?

 

[canuck_in_uk]

I gotcha. Does it matter if we were to get married in the US or Canada or would either license be valid for Canada?

It doesn't matter where you get married.

 

[Rob_TO]

I gotcha. Does it matter if we were to get married in the US or Canada or would either license be valid for Canada?

Doesn't matter, legal marriage performed anywhere in the world is valid for Canada as well.

After getting married, if you're in Canada as a visitor you can apply for PR INLAND along with an Open Work Permit. You would get the OWP around 3-4 months later, and can live in Canada with your spouse for duration of PR processing (around 1 year).

 

[Timothydenomie]

Doesn't matter, legal marriage performed anywhere in the world is valid for Canada as well.

After getting married, if you're in Canada as a visitor you can apply for PR INLAND along with an Open Work Permit. You would get the OWP around 3-4 months later, and can live in Canada with your spouse for duration of PR processing (around 1 year).

Okay, thank you for your help. I appreciate it. Is it difficult to get an OWP if you’re married? I just don’t want to get denied anything.

 

[scylla]

Okay, thank you for your help. I appreciate it. Is it difficult to get an OWP if you’re married? I just don’t want to get denied anything.

No - not difficult at all. But the OWP does need to be submitted with an inland sponsorship application.

 

[jordo]

Don't forget to declare the work permit you were denied in your spousal application.

 

[Timothydenomie]

I appreciate everybody's input and help. I do want to go back and get my Master's so I may apply at a Canadian school and go that route.

 

[Joboboman]

You do not qualify as conjugal, and any such app you submitted is guaranteed to be rejected. In general a US/Canadian couple can never qualify as conjugal.

Proof of or length of a relationship is irrelevant. Reason for not qualifying is there is no legal barrier to you getting married or becoming common-law. Any such decision not to would be considered your personal choice. For this reason alone, conjugal is not an option for you. Do not even consider it. Get married or become common-law, then apply.

After looking into this myself, The Government of Canada seems to contradict themselves on this.
This is taken from Their main sponsorship info page here : https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#obligations


If you’re in conjugal relationship
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-gender couples.

However, in the same documents, they reference their definitions for conjugal partners using the links below with conflicting information

this is taken from the Assessing conjugal relationships page here : 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

"Although the intention of the conjugal partner category is to accommodate Canadians and permanent residents with foreign partners who can neither marry nor live together, the inability to marry cannot be an absolute requirement, since this could have the effect of “forcing” those couples to marry who may have chosen not to"

What do you make of this ?

 

[scylla]

After looking into this myself, The Government of Canada seems to contradict themselves on this.
This is taken from Their main sponsorship info page here : https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#obligations


If you’re in conjugal relationship
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-gender couples.

However, in the same documents, they reference their definitions for conjugal partners using the links below with conflicting information

this is taken from the Assessing conjugal relationships page here : 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

"Although the intention of the conjugal partner category is to accommodate Canadians and permanent residents with foreign partners who can neither marry nor live together, the inability to marry cannot be an absolute requirement, since this could have the effect of “forcing” those couples to marry who may have chosen not to"

What do you make of this ?

We only see conjgual applications approved on this forum if there are really immigration barriers and the couple can neither get married nor live together to become common law. The rest are refused.