Common law or Conjugal partner???/

[blaya]

Good day to everyone. Juz wanted to know if anybody out there can give me an advice about my application. I'm about to send my application for permanent residency coz I already completed my 24 months as a live-in caregiver. In the application, it states there that you can sponsor a spouse,common law and dependent children and even though you're not yet planning to bring them here in Canada you have to write their names in the application. In my situation, I'm a single mom and sponsoring my child would not be a problem. My problem now is about my boyfriend. I don't know if the relationship is common law or conjugal. We've been in a relationship for 7 years,we never married because his marriage from his first wife was not annuled (no divorce in Philippines). I met him when I was working in Singapore in 2002, we never lived together because as nanny also in Singapore we have to stay at our employers house. His family and my family are aware of it even my daughter and his children. We visit each others family when we went for holidays. Then I came to work here and still our relationship is continuing. Financially we helped each other, if I won't be able to send money to my family, he does by using my remittance account in Singapore and I do the same here. I juz want to know how to sponsor him really...please...anyone there who can give advice. Thanks

 

[BeShoo]

You cannot sponsor him as a common law partner because you have not lived together for the minimum one continuous year that is required.

Whether you can be accepted as a conjugal partner depends on what evidence you have. Firstly, you have to show that there was an impediment (usually a legal impediment) preventing you from living together for a year.

Secondly, you have to show that you have been living as a married couple would to the maximum extent possible without being able to live together. The immigration officer could easily claim that you should have quit that job in order to live with him. If you had been married to him, what living arrangements would you have had as a nanny?

"The generally accepted characteristics of a conjugal relationship include shared shelter, sexual and personal behaviour, services [household chores, care in times of trouble, etc.], social activities, economic support and children, as well as the societal perception of the couple." You need to show that these things are present in your relationship with him and also that these things are no longer present in his relationship with his first wife.

 

[blaya]

Thank u so much for the reply. We cannot prove that we lived together in Singapore coz both of us are on a work permit basis. If I am to give up my work and live with him I'll be sent home coz I won't have the proper paper to say. The only evidence we got that we are on a relationship even before I was in Singapore are some photos,remittance receit he sent to my sister when I went for holiday in Philippines, some photos with him and my family when we home to Philippines.No letter when we we're in Singapore coz we see each other every week. When I came here in Canada, we have emails, lots, and I mean lots of phone calls. I have bills to show we talked everyday, receit from canada post post that I sent him a gift, remittance receit I sent to his mother for his children when he wasn't able to send from Singapore. And same to him, the remittance receit he sent to my mother for my daughter and some pictures with his children and my daughter when he went for holiday juz last month. Maybe a letter from some friends in singapore that our relationship is genuine and we didn't enter the relationship juz for convenience like 1 month before I came here. We are together even before I decided to work here.
P.S. He and the wife are separated for 8 years though no legal papers to prove it and no communication between that time. Wife already married other guy,that's not legal in my country that's why I prefer to sponsor him as conjugal. I juz hope the evidence we'll be providing would be enough for the immigration to see that our relationship is true and we really need to be together.

 

[BeShoo]

No letter when we we're in Singapore coz we see each other every week.

I was reading about a case where a guy from the U.S. visited his partner in Canada every weekend and the appeals court determined that they were in fact in a common law relationship even though they weren't living together all the time. To make such a claim, you might have to do an appeal, but it would still be useful to mention that you saw each other weekly and any kind of evidence of that could be useful.

P.S. He and the wife are separated for 8 years though no legal papers to prove it and no communication between that time. Wife already married other guy,that's not legal in my country that's why I prefer to sponsor him as conjugal.

I sounds good. Anything that shows that he hasn't communicated with his former wife for years is good evidence that you need. It sounds like you have a good case, as long as you present it in thne best way possible.

I also sent you a private message with some tips. Read that too. (Click on "inbox" at the top of this screen.)