Common law or conjugal partner???

[rhcohen2014]

I hope you haven a VERY good reason why you did not get married ?

yes, if you read the previous comments, same sex marriage is illegal in the country of residence.

kindly refrain from posting information that isn't intended to be of any value.

 

[MilesAway]

I think I read about a couple who declared as common-law, but the VO decided that they did not qualify, so removed the partner from the application, but the principal applicant still received PR without issues. And since the partner was declared and examined, they were able to sponsor their spouse later.

I realize there isn't a place for conjugal, so maybe list her as common-law, and include a letter explaining your situation. Ensure she does her medical and everything else that you have to do. If the VO decides to not accept her as conjugal, then you've covered yourself and can sponsor her later. It will still be difficult as conjugal is a difficult category to prove. You need to show barriers to living together and getting married.

It's slightly easier for same-sex couples to be approved, because of the fact that it's illegal in some countries. That doesn't mean that you can't travel somewhere and get married. My spouse and I went to Iceland to get married, so it's definitely possible if you're determined.

 

[gsize]

yes, if you read the previous comments, same sex marriage is illegal in the country of residence.

kindly refrain from posting information that isn't intended to be of any value.

ever heard of getting married in another country ? Might not be important to you but maybe it is to others

 

[marso]

Well, part of the reason why I wanted to move to Canada is because we can get married there and the pay is better. To tell you the truth, despite the fact that both of us have jobs we just can't afford to go somewhere else and get married. I'm from Asia, in a 3rd world country and we are not from a well-off family so spending thousands to go to another country and get married is not easy for us to do. Canada is my best chance of getting married as of now.

 

[marso]

I think I read about a couple who declared as common-law, but the VO decided that they did not qualify, so removed the partner from the application, but the principal applicant still received PR without issues. And since the partner was declared and examined, they were able to sponsor their spouse later.

I realize there isn't a place for conjugal, so maybe list her as common-law, and include a letter explaining your situation. Ensure she does her medical and everything else that you have to do. If the VO decides to not accept her as conjugal, then you've covered yourself and can sponsor her later. It will still be difficult as conjugal is a difficult category to prove. You need to show barriers to living together and getting married.

It's slightly easier for same-sex couples to be approved, because of the fact that it's illegal in some countries. That doesn't mean that you can't travel somewhere and get married. My spouse and I went to Iceland to get married, so it's definitely possible if you're determined.

Thanks for sharing this information. I have been googling tirelessly of a situation like that. I did once read about a guy here in the forums who was depressed because his wife was dropped from the application when the officer was not satisfied of the proofs he submitted. I felt too shy to ask if his PR was approved anyway. I regret I didn't ask.

As for getting married in another country, I just can't afford it right now. I realize that this may not be an acceptable reason for not getting married since financial reasons are not valid, but that is just my reality right now. oh well, such is life. If it's true that my PR will be approved (assuming there's no other issues or cause), that would be wonderful. At least I will have the chance to sponsor her in the future.

"I realize there isn't a place for conjugal, so maybe list her as common-law, and include a letter explaining your situation. Ensure she does her medical and everything else that you have to do."

I think you are right in listing her as a common-law partner. In the CIC website on the interpretation of common-law, it reads: For the purposes of the Act and these Regulations, an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, due to persecution or any form of penal control, shall be considered a common-law partner of the person.

So I guess I will have to fill out the form and put her as my common-law partner, but not include the Statutory Declaration of Common-law Union IMM 5409 since there is a clause there indicating that we have cohabited for _______ year(s)... what do you guys think?

 

[robinsonwalt]

Well, part of the reason why I wanted to move to Canada is because we can get married there and the pay is better. To tell you the truth, despite the fact that both of us have jobs we just can't afford to go somewhere else and get married. I'm from Asia, in a 3rd world country and we are not from a well-off family so spending thousands to go to another country and get married is not easy for us to do. Canada is my best chance of getting married as of now.

Hi Marso,

Good day.

Nabasa ko lng tong post mo as of today. i know its been a long time..but currently i have the same situation and queries as yours? how are you and your partner been now? kindly share some insights to me as we have the same situation.

I am under quebec skilled worker program and i am about to lodge now may application at tjhe federals stage. kindly enlighten me of your experience? than you..you may also reach me at robinson_walt@yahoo.com.

Thank you..