Conjugal application denied

[audree78]

Hello,

I am hoping that someone who has been in the same position as me would respond to my inquiry. My application to sponsor my boyfriend as a conjugal partner was denied. The visa officer said he/she couldn't see any reason why my boyfriend and I could not cohabit or get married. So my question is this, if we get married and forward the pictures and licence to the appeal board would they go ahead and allow the appeal or would we have to wait to be assigned an ADR or a full hearing? I live in Toronto and just do not want to have to wait forever while going through the appeal process. The VO did not call into question the genuineness of our relationship. Thanks.

 

[Ponga]

Hi,

I'm sorry to hear that your application was denied.

Unfortunately I am not a senior member here but...I think you will have to abandon your conjugal partner application and start over after you are married.
I don't see how you can basically `convert' a conjugal partner application that has been denied, into a spousal sponsorship application.

Don't worry; someone that knows for sure will surely post their answer to your question.

Good luck!

 

[Rob_TO]

Hello,

I am hoping that someone who has been in the same position as me would respond to my inquiry. My application to sponsor my boyfriend as a conjugal partner was denied. The visa officer said he/she couldn't see any reason why my boyfriend and I could not cohabit or get married. So my question is this, if we get married and forward the pictures and licence to the appeal board would they go ahead and allow the appeal or would we have to wait to be assigned an ADR or a full hearing? I live in Toronto and just do not want to have to wait forever while going through the appeal process. The VO did not call into question the genuineness of our relationship. Thanks.

If there were no legal barriers to getting married or living together for 12 months, then you didn't qualify for conjugal.

I would just submit a brand new app from scratch as a married couple, if you will get married. Depending on your visa office that could be quicker than going through the whole appeals process.

 

[screech339]

I think I may have to go with Pongo on this. You may have to redo and resubmit a new application after you get married especially if the first application is denied based on not qualifying for conjugal relationship. It is best that you start fresh again anyway with new application. By getting married, your relationship is no longer conjugal relationship which was what your first application was based on. If you tried to tie it to your first application, it will only cause more headaches on you and CIC's in trying to sort it all out after the fact.

Screech339

 

[little_apple]

Can I ask why you applied as conjugal?

 

[scylla]

What others have said. If you get married then you should abandon the conjugal application and submit a new application from scratch as a married couple. Getting married and then including this as evidence for your conjugal appeal won't work. If anything, it will prove that you don't meet the criteria of a conjugal couple and validate the refusal was appropriate.

 

[scoobydoo33]

Hello,

I am hoping that someone who has been in the same position as me would respond to my inquiry. My application to sponsor my boyfriend as a conjugal partner was denied. The visa officer said he/she couldn't see any reason why my boyfriend and I could not cohabit or get married. So my question is this, if we get married and forward the pictures and licence to the appeal board would they go ahead and allow the appeal or would we have to wait to be assigned an ADR or a full hearing? I live in Toronto and just do not want to have to wait forever while going through the appeal process. The VO did not call into question the genuineness of our relationship. Thanks.

I feel so sorry for you audree78... I guess I am one of the lucky conjugal partner successful application..if you've been denied I guess try to apply new after you get married, I think that's the best move you can do right now..

God Bless

 

[canadianwoman]

So my question is this, if we get married and forward the pictures and licence to the appeal board would they go ahead and allow the appeal or would we have to wait to be assigned an ADR or a full hearing? I live in Toronto and just do not want to have to wait forever while going through the appeal process. The VO did not call into question the genuineness of our relationship.

I have heard of people sending the Immigration Appeal Board documents showing why the reason they were denied was no longer valid, and the board agreeing and allowing the appeal. But the Canada Border Services Agency would also have to agree. Then the application is sent back for further processing. The problem is, the visa officer doing the reprocessing could reject the application for some other reason; and the reprocessing seems to take a long time. It is supposed to be expedited, but forum members who have won an appeal often report very long waits.

I would just get married and reapply. There is no guarantee that the appeal would be expedited just because you got married; they might insist it go to a full appeal, which in Toronto can take 2 years.

 

[SAHIL SINGH]

In which country your boyfriend lives?

 

[manille]

Hello,

I am hoping that someone who has been in the same position as me would respond to my inquiry. My application to sponsor my boyfriend as a conjugal partner was denied. The visa officer said he/she couldn't see any reason why my boyfriend and I could not cohabit or get married. So my question is this, if we get married and forward the pictures and licence to the appeal board would they go ahead and allow the appeal or would we have to wait to be assigned an ADR or a full hearing? I live in Toronto and just do not want to have to wait forever while going through the appeal process. The VO did not call into question the genuineness of our relationship. Thanks.

if you have been denied it means there is no barrier for you two to get married, usually conjugal is granted to same sex couples and couples in a country where there is no divorce available

if you can marry, refile your application as married, appeal is not an option because it usually takes 2 yrs and you are going to need to hire a lawyer for this, you can search and read on CANLII search it on google you will learn a lot from that site, hope this helps