+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Applying for Conjugal Partner Status

Joboboman

Newbie
Mar 15, 2020
4
0
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.
Has anyone ever mentioned that line ? Its right front and center and is stated clear as day that its used as canada's reference for defining conjugal relations.

It just seems like a pretty easy rebuttal to a refusal based on the ability / inability to marry.

The line literally states "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"
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Has anyone ever mentioned that line ? Its right front and center and is stated clear as day that its used as canada's reference for defining conjugal relations.

It just seems like a pretty easy rebuttal to a refusal based on the ability / inability to marry.

The line literally states "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"
Yes - they have.

The issue is that you also have to prove that common law isn't possible as well in order to meet the criteria for conjugal. Generally speaking, if a couple can get married, there's a way for them to live together and become common law - so the conjugal criteria isn't met.
 

Joboboman

Newbie
Mar 15, 2020
4
0
Yes - they have.

The issue is that you also have to prove that common law isn't possible as well in order to meet the criteria for conjugal. Generally speaking, if a couple can get married, there's a way for them to live together and become common law - so the conjugal criteria isn't met.
I'll Give you my situation.

My boyfriend and I have been together for 3 years. He lives in Bellingham, WA. I live in Vancouver, B.C

We can visit each other on non-immigrant intent, maximum 6-month interval standard border crossing visas. How exactly is it possible for us to become common law if I cannot move to the states without being married to him, and he cannot move to Canada without sponsorship?

Is there any way you see for us to become common law? We'd like to live together and become common law, but cannot find a legal route to live with each other
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I'll Give you my situation.

My boyfriend and I have been together for 3 years. He lives in Bellingham, WA. I live in Vancouver, B.C

We can visit each other on non-immigrant intent, maximum 6-month interval standard border crossing visas. How exactly is it possible for us to become common law if I cannot move to the states without being married to him, and he cannot move to Canada without sponsorship?

Is there any way you see for us to become common law? We'd like to live together and become common law, but cannot find a legal route to live with each other
Extremely easily.

He can come here for a six month visit and then apply to extend his visit for another six months without leaving Canada. If he says that he's extending his visa in order to achieve common law status so that you can sponsor him for PR, the extension is pretty much guaranteed to be approved.

Alternatively you could go visit the U.S. for six months together and then move over and do the same thing in Canada (or vice versa). As long as it's 12 consecutive months, it doesn't have to be in the same country.

There are no real immigration barriers to becoming common law for a US / Canadian couple. Conjugal has no chance of succeeding.
 

Joboboman

Newbie
Mar 15, 2020
4
0
Extremely easily.

He can come here for a six month visit and then apply to extend his visit for another six months without leaving Canada. If he says that he's extending his visa in order to achieve common law status so that you can sponsor him for PR, the extension is pretty much guaranteed to be approved.

Alternatively you could go visit the U.S. for six months together and then move over and do the same thing in Canada (or vice versa). As long as it's 12 consecutive months, it doesn't have to be in the same country.

There are no real immigration barriers to becoming common law for a US / Canadian couple. Conjugal has no chance of succeeding.
are there options for him to work with the first option? that sounds like its breaking some sort of laws and that he wouldnt be able to work for years while waiting for PR.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
are there options for him to work with the first option? that sounds like its breaking some sort of laws and that he wouldnt be able to work for years while waiting for PR.
Staying here as a visitor for a year certainly isn't breaking the law provided he applies for an extension.

There are options for him to work - but they aren't easy.

He would need to start by getting a job offer in Canada from an employer in Canada (which tends to be quite difficult to do). If he gets a job offer and his occupation falls under NAFTA, he can then apply for a work permit next. If his occupation does not fall under NAFTA, then his employer needs to obtain an approved LMIA in order to qualify for a work permit. The LMIA is a very long and expensive process.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
I'll Give you my situation.

My boyfriend and I have been together for 3 years. He lives in Bellingham, WA. I live in Vancouver, B.C

We can visit each other on non-immigrant intent, maximum 6-month interval standard border crossing visas. How exactly is it possible for us to become common law if I cannot move to the states without being married to him, and he cannot move to Canada without sponsorship?

Is there any way you see for us to become common law? We'd like to live together and become common law, but cannot find a legal route to live with each other
Agree with scylla. No chance of conjugal, as it is very easy for either of you to go to the other's country and become common-law or marry.

To give you an idea of genuine conjugal situations:

- A homosexual couple where the foreigner is refused a TRV to Canada and lives in a country where homosexuality is illegal. The couple can't get married or become common-law in either of their countries.

- The foreign partner is from the Philippines and is still married to their ex there, as divorce is illegal. They are refused a TRV to Canada and adultery is illegal in the Philippines. They also can't get married or become common-law in either of their countries.