Conjugal or Common Law Sponsorship?

[wenny]

Hi

i don't wish to think that my case is complicated but it is.. firstly, I claimed refugee in 2006 and was declined.. so 1 week ago, after a failed PRRA, I was deported back into my country.

I got to know a Canadian boyfriend here and we have been together for 3 years and living together for 2.5. However, we are unable to get married due to my marriage back home. Base on the divorce law in my country, a couple has to be separated for minimum 3 years before filing for divorce procedures.

Right now, since I'm back home, I will be processing my divorce, which will take another 1 year to finalize and have my house sold after the finalization.

I really want to get back to Canada so that I can meet my boyfriend and his 2 children whom I love dearly. but due to my deportation, I'm not able to come back unless I gain permission from a Minister or got my status processed.

My Questions are:
1) Are we considered Common Law or Conjugal Partner?
2) I don't want to wait for another 1.5 years before I can see him again, can I apply for spousal sponsorship?
3) What is the process of gaining Minister's approval?
4) I have more than 2 years of working in Canada, am I qualified for Canadian Experience Class application?
5) If I were to apply as skilled worker, will my previous refugee declined case be measured into the application?

I am looking for different options here... Your professional advise will be greatly appreciated..

Thanks!

 

[Leon]

1) You could apply as either one but since you qualify as common law which is generally easier to get accepted, use that.

2) Yes, apply for spousal sponsorship but first make sure you get the ministers permission

3) This one I don't know, I say contact the embassy, email the minister (his email is on the CIC website) or have your BF in Canada call CIC and ask.

4) If you were: a temporary foreign worker with at least two years of full-time (or equivalent) skilled work experience in Canada you would qualify to apply for CEC. I do not know if a refugee with a temporary work permit would count as a TFW. It is possible, again, ask the embassy or have the boyfriend ask CIC but make sure you get the ministers permit first.

5) You were already deported. If you apply as a skilled worker, you have to make sure you first get the ministers permit.

I think by far you have the best chance with a spousal application.

 

[wenny]

Hi Thanks for the reply...

I'm back home right now and getting my paper work ready.. However, I still have some questions:

1) I'm still married back home but am I still considered Common Law? (I'm waiting for my divorce paperwork to start.) --- > I've called CIC but they can't answer me.

2) I was looking through the application, they require my family member's information eg. passport ID, photos, etc. Do they really need all these information?? I have my mom, brothers, their wives and children but they aren't coming with me.

3) Since I got deported, I can only come back once my application is totally approved right? Or is there any legal way that I can make a trip back here?

Your advise is greatly appreciated..

 

[frolic]

You can't be considered common-law because then you would have two marriages.

 

[wenny]

So it will be better that I dissolve my divorce or have at least the affidavit to prove my previous marriage has ended right?

 

[wenny]

How about the information of my family members? Do they require their passport photos and details even though they are not coming applying?