Common-law or conjugal

[cbaybutt]

Hi,
Both British but one of us has a PR for Canada as works seasonally for the fishing industry. We have lived together but not at one address for 12 months so picked conjugal... however reading up on it, a lot of people say this is the hardest to prove? But it says that it's not a barrier if you can get a six month travel visa....then extend? But it means not working for 6 months to a year ?! Can anyone help?

 

[armoured]

Hi,
Both British but one of us has a PR for Canada as works seasonally for the fishing industry. We have lived together but not at one address for 12 months so picked conjugal... however reading up on it, a lot of people say this is the hardest to prove? But it says that it's not a barrier if you can get a six month travel visa....then extend? But it means not working for 6 months to a year ?! Can anyone help?

https://www.canadavisa.com/canada-i...reads/spousal-sponsorship.46995/post-10420091

Your conjugal app WILL be denied, so may as well cancel it now (don't lose your app fee), get married, and apply as married. Conjugal app is ONLY for cases where there are legal and immigration barriers to getting married/becoming common law. If you're both brits, you can visit and/or marry each other freely in either country (or some third country if you wish).

You can come to Canada and apply but yes, won't be able to work immediately. You can apply for any other programs that might let you work here, such as the working holiday program.

But get sorted first on how you will apply for the spousal sponsorship. Your conjugal app will be denied. Don't waste time, get married and re-apply.

 

[armoured]

For reference, the info is here:
https://www.canada.ca/en/immigratio...l-partner-dependent-child-complete-guide.html

You'll have to scroll down.

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.
You can sponsor a conjugal partner if:

• there is a significant degree of attachment between the two of you, implying not just a physical relationship but a mutually interdependent relationship, and
• you’ve been in a genuine (real) relationship for at least 12 months where marriage or cohabitation (living together) hasn’t been possible because of barriers such as sexual orientation, religious faith, etc.

Important: If you’re applying in the conjugal partner class, the person being sponsored cannot be living in Canada.

I have bolded/underlined the parts I think most relevant. In simplest terms, they usually treat these as dual requirements to be considered as conjugal - or if you prefer, requirement for dual barriers to becoming a marriage/common law couple is needed to qualify as conjugal.

1) Cannot get married because of some legal barrier (eg forbidden same sex, intrareligion, ban on divorce, etc); AND,
2) Cannot become common law (eg and usually because the putative applicant cannot get a visa to Canada (so as to establish common law).

And short form, as brits you could get married easily, or you could come to Canada and remain long enough to become common law.

You will therefore not qualify as conjugal.

 

[scylla]

Hi,
Both British but one of us has a PR for Canada as works seasonally for the fishing industry. We have lived together but not at one address for 12 months so picked conjugal... however reading up on it, a lot of people say this is the hardest to prove? But it says that it's not a barrier if you can get a six month travel visa....then extend? But it means not working for 6 months to a year ?! Can anyone help?

Conjugal isn't a viable option since you face no real immigration barriers to getting married or becoming common law. Options are either to get married - or to find a way to live together continuously for one full year, even if that means sacrificing employment.

Don't apply under conjugal.