Both People outside Canada

[alejop93]

Hi everyone,

I will be moving to the UK temporarily this month and will be staying there for a minimum of one year. After that, I am planning on going to New Zealand with my conjugal partner, both of us will be going with a Working Holiday Visa. (I am Canadian, he is Brazilian). We are planning to relocate to Canada permanently after that, so I was wondering if it was possible to initiate the immigration process when I am in the UK (Get approved as a sponsor) and then once that is complete, submit the Permanent Residence application in New Zealand. If for any reason, the process is not ready by the time we leave NZ, can we request CIC to transfer the application to Sao Paulo, Brazil and finish the process there? We just want to be together while the application is in process, and do not want to do an In Canada application since it takes so long... Do any of you have any idea if this would work?

Thanks!

 

[Ponga]

I suspect that you will have great difficulty being approved as a conjugal partner, since there is nothing preventing you from being together.
You even state that you will [eventually] be joining your partner in NZ, at which time you will likely live together, correct?
If so, this is when you would start to qualify as a Common-Law couple (and would be deemed as such, after living together for one year).
You then mention that you and your partner would then want to return to Canada together...so how do you expect to be eligible as a conjugal partner?

Also, you do not `initiate' the process by submitting your sponsorship papers first. Everything is sent at the same time: Sponsor's paperwork, Applicant's paperwork and all of the evidence of your relationship is sent in one large parcel.

Good luck!

*Edit*
Also, while outside of Canada, you can only sponsor someone if you are a Canadian citizen. A person that is only a PR of Canada, must be IN Canada to sponsor.

 

[alejop93]

Hey Ponga,

Thank you for your comments! We have actually already lived together here in Canada (He came as a student for one year, in 2012) and we lived together (same household) for about 8 months. Then he had to go back to Brazil because his visa ended, and we've been doing long distance ever since (Early 2013). We've visited each other multiple times in the last two years (Outside of Canada) and now I was offered a temporary job in the UK, that's why Im moving there. He was just able to get his Visitor Visa to Canada, shortly after I knew about my moving to the UK. Since we have the chance to be together in NZ for a whole year, I wonder then if the past time we lived together would not count towards our "common-law" status, or if we should just wait after we live together for the full year in NZ and then apply.. I was just hoping to have the year in NZ as "waiting time" and then settle permanently together in Canada. I am a Canadian citizen, not a PR, so that should not be a problem. I'm glad to hear your thoughts, thanks so much!

 

[Alurra71]

There is too much time between living together previously and beginning to live together again, so you can not count your previous 8 months. Based on the information you provided though you will NOT qualify as conjugal and you should wait to apply until you have met the cohabitation of 12 consecutive months of living together or you are married.

Good luck.

 

[Ponga]

No, the previous time living together does not count. You will need to `reset' that clock.

Glad to hear that you realize that a conjugal partner application is NOT the way to go.

 

[alejop93]

Yes, that is clear to me now. Thanks for your input!