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Conjual partner

Lakes

Newbie
May 5, 2013
4
0
Hi
My wife is canadian, we married since 6 years, we applied for family class since 4 years and we got refuse for our application, becouase the final devorce certificat with my privace wife was 5 weeks after our marriage.
We call the immigration and they advice us to apply new application as a conjual partner.
I need your opinion and your advice please.
 

kcward7

VIP Member
May 4, 2017
3,788
1,436
Hi
My wife is canadian, we married since 6 years, we applied for family class since 4 years and we got refuse for our application, becouase the final devorce certificat with my privace wife was 5 weeks after our marriage.
We call the immigration and they advice us to apply new application as a conjual partner.
I need your opinion and your advice please.
To clarify: You were refused because you had been divorced 5 weeks prior to marrying another woman?

If that's the case, and I'm understanding correctly, you do not qualify for conjugal. The conjugal stream is for those who have immigration or legal barriers to living common law or getting married.

Since you are married, this stream is completely irrelevant to you.
 

Rob_TO

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Nov 7, 2012
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Hi
My wife is canadian, we married since 6 years, we applied for family class since 4 years and we got refuse for our application, becouase the final devorce certificat with my privace wife was 5 weeks after our marriage.
We call the immigration and they advice us to apply new application as a conjual partner.
I need your opinion and your advice please.
Don't rely on the call centre for advice. A conjugal app will fail.

Your marriage was not valid in law to Canada, since you were still married on that date to someone else. So you have 2 options only:
1. Get married now. This will be a legal marriage, and you can then apply for PR.
2. If you've already lived together 12 months you can apply again as common-law partner.

Again though, forget completely about conjugal as that option will not work for you and just end in another rejection.
 

kcward7

VIP Member
May 4, 2017
3,788
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Don't rely on the call centre for advice. A conjugal app will fail.

Your marriage was not valid in law to Canada, since you were still married on that date to someone else. So you have 2 options only:
1. Get married now. This will be a legal marriage, and you can then apply for PR.
2. If you've already lived together 12 months you can apply again as common-law partner.

Again though, forget completely about conjugal as that option will not work for you and just end in another rejection.
Sounds like I misunderstood part of this, so my apologies. I thought OP was saying they were divorced and within 5 weeks remarried. Either way conjugal is not relevant to this case.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
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London
App. Filed.......
06/12
Hi
My wife is canadian, we married since 6 years, we applied for family class since 4 years and we got refuse for our application, becouase the final devorce certificat with my privace wife was 5 weeks after our marriage.
We call the immigration and they advice us to apply new application as a conjual partner.
I need your opinion and your advice please.
As Rob said, either get married or if you have lived together for one continuous year, apply as common-law. Conjugal is not an option.
 

Lakes

Newbie
May 5, 2013
4
0
Don't rely on the call centre for advice. A conjugal app will fail.

Your marriage was not valid in law to Canada, since you were still married on that date to someone else. So you have 2 options only:
1. Get married now. This will be a legal marriage, and you can then apply for PR.
2. If you've already lived together 12 months you can apply again as common-law partner.

Again though, forget completely about conjugal as that option will not work for you and just end in another rejection.
But we still marry untel now, if we need to get married now we have to devorce firist
 

Lakes

Newbie
May 5, 2013
4
0
But we still marry untel now, if we need to get married now we have to devorce firist[/QUOTE
We cant apply as common law becouse we diid not live togother in canada
We will apply conjual partener becouse i live outside of canada and my wife live in canada
 

Rob_TO

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Nov 7, 2012
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But we still marry untel now, if we need to get married now we have to devorce firist
We cant apply as common law becouse we diid not live togother in canada
We will apply conjual partener becouse i live outside of canada and my wife live in canada
No you aren't married now under the laws of Canada. Your marriage was not legal, since at the time you were married to someone else. Right now you are single to IRCC.

You must get married legally in order to be sponsored for PR. Or live together 12 months anywhere in the world to become common-law.

You have no barrier to becoming married. So If you try a conjugal app, you will just wait another year or two after which it is guaranteed to be rejected. You do not qualify as a conjugal partner.
 

Lakes

Newbie
May 5, 2013
4
0
Thank you Rob
Another question please, if i have a contract between me and my xwife written by a lawyer and signed both of us on it and stamped from my embassy that we are devorced since 1 year before my current marriage from my wif the canadian , is it ok ? Can this approve our application if we apply as spouse?
 

DollyM

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Jul 6, 2016
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Middle of Nowhere, Perth, Western Australia
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Thank you Rob
Another question please, if i have a contract between me and my xwife written by a lawyer and signed both of us on it and stamped from my embassy that we are devorced since 1 year before my current marriage from my wif the canadian , is it ok ? Can this approve our application if we apply as spouse?
No, it's not ok. You need a valid, legal certificate of divorce to prove you are actually divorced. Just being separated from your previous wife for one year is not the same as legally divorced.

You are NOT legally married according to Canadian law.
 
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Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Thank you Rob
Another question please, if i have a contract between me and my xwife written by a lawyer and signed both of us on it and stamped from my embassy that we are devorced since 1 year before my current marriage from my wif the canadian , is it ok ? Can this approve our application if we apply as spouse?
No, that "contract" is completely irrelevant. You need a legal divorce, which you've already stated happened 5 weeks after your next marriage.

You are not spouses and can't be sponsored right now, since you marriage is not valid according to Canadian law.

You need to get married legally (after your previous divorce). Or become common-law. Those are your only 2 options.