Common-Law Sponsorship worries!!!

[BeShoo]

First, I want to compliment you on analyzing this from a legal perspective. Although I still think you are wrong.

I'm not sure why you keep thinking I'm wrong, because I'm agreeing with almost everything you're saying. The only thing that we might disagree on is that the use of certain words might introduce some doubt in the minds of some immigration officers. In the case you mentioned the IO (incorrectly) said that

No where in the 7 factors for the definiton of a conjugal relationship does it say "but must not intend to marry."

I'd like to clarify one thing about that. There are 3 kinds of conjugal relationships: marriages, common-law partnerships, and conjugal partnerships. All three of these conjugal relationships have in common that they must be conjugal in nature. So, intention to marry is irrelevant as long as your relationship is indeed conjugal already. I'm only saying that you don't want to give the impression that you do not already consider yourselves in a "permanent" relationship. Otherwise, you might have to doan appeal and no-one really wants to have to do that.

 

[sbwv09]

Agreed, BeShoo.. if something as simple as saying "Partner" instead of "fiance" will increase your chances of not having to go to appeal and deal with these legal questions, why not just avoid the trouble?

And I've read these cases on another forum which just came back online.

 

[rjessome]

It's very sad to me that CIC can strike fear in the hearts of applicants based on semantics. In fact, it's ridiculous. Unfortunately yes, there are too many people who have suffered because of "wording", particularly in the Conjugal category. It's not a category I recommend unless there is no other alternative AND there is ironclad evidence of the 7 factors. Even then, many of these get refused but fortunately, most are overturned at appeal or JR. But who wants to do that?

 

[sophie100]

Thanks Rjessome, BeShoo scared me there for a bit.
I have only used the term Fiance on here, never on my application. I ticked the Common-Law box, as we ARE Common-Law. We have lived together for almost 18months and everything from bills to banking to RSP's is in both our names.
I did state on my application that "we are planning to get married as soon as my family can save up for a holiday to canada. I don't want to get married without all the family being there".
I only intend to marry once, so I want it to be just the way I've always planned, not just a trip to city hall to please Immigration. Surely the fact that we are saving for the wedding shows that we are serious about it, and that we want our day to be perfect. We're also saving up to buy a house this year, so I'll submit the mortgage papers off as added proof.

I can't believe people are actually telling me I could be denied because I'm engaged to my Common-Law partner!!! Surely that's a good thing!

 

[BeShoo]

Thanks Rjessome, BeShoo scared me there for a bit.

I didn't mean to scare you, but I'm still happy that you didn't use the term fiancé on your application. All I was trying to say was that it could have introduced doubts, but now that I have more information, I'm not concerned about that.

I did state on my application that "we are planning to get married as soon as my family can save up for a holiday to canada. I don't want to get married without all the family being there". I only intend to marry once, so I want it to be just the way I've always planned, not just a trip to city hall to please Immigration.

I agree entirely with you there, but I may have been projected my own worries about our application onto yours. We're in the final stages of preparing a same-sex conjugal partnership application and we're being pressured to have a quick city hall wedding, just for immigration purposes, with none of our family invited. It seems wrong to me. My family apparently has no idea that I'm gay, and his father has known about him for years but is only slowly starting to accept that his orientation is not about to change.

We're going next weekend to the U.S. for a family reunion with all his aunts and uncles and cousins, so we'll see how that goes. He has a visitor record till November 2, so they'd better let him come back to Canada or I'll be without him again. Can't have that! (Since he just got the extension from May till November, the reason he desperately needs to take this trip is to pick up some summer clothes. Besides, going to a family reunion helps to reinforce his ties to the U.S. which were claimed to be weak when he first came here on this visit.)

My family will have to wait until after. They are a 5-hour drive from here and I want to tell them all this in person, not over the phone. They've met him, but they don't know the full extent of our relationship.

On your other question, the age gap will affect their decision, but only in balance with everything else. If you didn't comment on it in your application, they want want to ask you about it in an interview, but only if they think there's something else suspicious. I don't think you have anything to worry about.

 

[sophie100]

Wow, I imagine that's a very hard situation for you to be in. Stress with Immigration and getting prepared to tell all to your parents. hats off to you!!

I didn't mention the age difference in my application, and it looks better on paper! He was born in the 70's I was born in the 80's. I've come across people on here who have a similar age difference and they had no issues what so ever. I pray to God that I will be able to say the same!!!

I did submit Xmas greeting cards from both sides of the family addressed to both my PARTNER (hehe!) and I. Just as added proof that although they haven't been able to visit, they are all very much aware that we are together and that they see him as being part of our family.

It's hard to prove your relationship is genuine, if an IO came to our house and saw the way we lived then they would know for sure. I wouldn't wash his underwear and match up all his socks if I didn't love him!

 

[BeShoo]

It's hard to prove your relationship is genuine, if an IO came to our house and saw the way we lived then they would know for sure. I wouldn't wash his underwear and match up all his socks if I didn't love him!

Exactly! A lot of times, it's hard enough even to know that you're really in love without having to prove it to a total stranger, but washing his underwear and matching up his socks are pretty good evidence. It might even be good to have pictures of that! It would certainly be more convincing than going on a vacation to a distant country (something you might een do with a group of casual friends whose socks you likely wouldn't wash).