Conjugal or Common-law..?

[journeyman]

My application for conjugal partner did include a copy of my separation agreement.

We never disclosed that our decision to apply as conjugal partner was a decision made because we believed it was the fastest/easiest way to go. Like gummyfish, our relationship was real and we felt it was a real longlasting commitment but for many reasons did not feel "a piece of paper" showing a marriage was needed to convince us that we were in a real relationship.

In retrospect, even though it initially felt that we were forced into the marriage to satisfy immigration's need for that piece of paper, neither of us have any regrets. Once we starting planning a wedding and writing our vows, and all that goes with an event like that, we began to get excited. We through ourselves into it wholeheartedly. It may have not been the wedding we would have planned had things turned out differently, but we enjoyed our wedding, as did the family and friends that attended.

It feels unnatural to get married and live apart, but our bond is strong and we hope to be successful this time.

Good luck to all. :-* ;D

 

[AllisonVSC]

At Souxie, Thanks for the clarification...still loving (NOT!) how confusing all this is to interpret...from what cic website says to what IOs are using like OP2, IP08, etc. to assess our applications. Does this apply to both inland and outland?

At Journeyman...we felt the same way about being forced to get that marriage license. We did not want to marry to facilitate immigration. We actually didn't want to marry (been there, done that)...just live together. We looked for every possible way we could be together in the states, my coming to Canada as a skilled worker, and conjugal partner was definitely one of our last options. Fortunately, we applied before I ever found this forum or we'd probably be trying to relocate to Vietnam or something! Funny thing is, now we are considering making it legal for a variety of reasons (include estate/succession planning) as I hinted in an earlier post...on the beach in Brittany (western France). As soon as he officially asks, it will be very exciting to plan the event.

At sbwv09, I did not mean to imply you were trying to bring anybody down. Thankfully people posting here are all trying to be helpful (with one or two strange exceptions). And, I'm not trying to advocate for choosing conjugal partners. I just want to share that it is possible to get approved. If one person had told me that, when I found the forum I would have had a much less stressful wait. But I was told in no uncertain terms that we didn't have a chance of approval and that freaked me out.

 

[iarblue]

Gummy get the app in for her extension or visitors visa so she can stay here while its being processed after you reach the 1 year mark of you living together apply as common law.collect all your proof rcipts,passport stamps of the travel back and forth all photos you can of the two of you especially with the realitives with you of your significant other ,emails,phone calls,.....apply common law when your ready to marry and you will know when you are ready.Best of luck.

 

[journeyman]

Hi Allison,

I too only found this forum and another one that is currently offline after our conjugal app was turned down. I am happy that you were successful. It gives hope that not all applications get turned down, although after our experience, I was convinced they were, both from the personal process and seeing all the postings on the subject on both forums. Having said that, I do believe it is extremely difficult to get accepted, in particular if it is not a same sex, application or from a "reciprocal country", and for those considering it, something to seriously take into account, since the rejection, appeal, and/or reapplication process does add an enormous amount of time to what is already a long, and difficult time apart. And for those of us who have had other barriers put upon us, even longer.

There does seem to be a lot of evidence that conjugal is very difficult to prove. In addition to photos, cards, etc. we had daily emails, phone calls and IM chats/voice documentation for a period of 2 years (the paper proof was at least 4 ins. thick, lol :).

Each case is different, but weighing the pros and cons very carefully, would be my best advice. I can say for myself, that had I found the forums before submitting the first application, and not relied on the advice of the IO at the border crossing, I would have opted for the marriage/spousal sponsorship route and we would probably already be together, rather that waiting on another approval process. Being apart has caused heartbreak but the scene at the border and some of the "nasty" comments in the rejection process, hurt more.

Just my 2 cents.

 

[Siouxie]

At Souxie, Thanks for the clarification...still loving (NOT!) how confusing all this is to interpret...from what cic website says to what IOs are using like OP2, IP08, etc. to assess our applications. Does this apply to both inland and outland?

I know how confusing it all is

Yes, it applies to outland applications too.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf OP2 manual - family class outland.

5.38. What happens if the common-law partner (principal applicant) is married to another
person?

Persons who are married to third parties may be considered common-law partners provided their marriage has broken down and they have lived separate and apart from the spouse for long enough to establish a common-law relationship – at least one year. In this case they must have cohabited in a conjugal relationship with the common-law partner for at least one year.

Cohabitation with a common-law partner cannot be considered to have started until a physical separation from the spouse has occurred. A common-law relationship cannot be legally established if one or both parties continue their marital relationships.

Officers must be satisfied that a principal applicant is separated from and no longer cohabits with a legal spouse. This evidence may be in the form of a signed formal declaration that the marriage has ended and that the person has entered into a common-law relationship. An officer may require that the person produce other written evidence of a formal separation or of a breakdown of the marriage. Acceptable documents include a separation agreement, a court order in respect of custody of children identifying the fact of the marriage breakdown, documents removing the legally married spouse(s) from insurance policies or will as beneficiaries (a “change of beneficiary” form).

In the above circumstances, the legal spouse of the principal applicant need not be examined and will not be considered a member of the family class if the applicant later attempts to sponsor this spouse. [See R117(9)(d)]. Notes in CAIPS should indicate that the applicant was aware of the consequences of non-examination.

 

[gummyfish]

Wow so many replies! Thank you so much for your insight/experiences, its very helpful when going through this difficult process.

After thorough thinking and much needed soul searching, we've decided maybe marriage is probably our best chance.. we both figured we could just get the papers done now and be legally married and perhaps in a year or so, have a celebration so that it really feels like we're married. Its not as traditional as we had originally wanted, but then again, our relationship isn't really that 'traditional' either.

Does the time between when you get married and the time you apply for sponsorship have an impact on the process? I'd like to get the legal stuff done before she leaves, then apply, but I wonder if they think its fishy that we apply so soon after we get married.

 

[iarblue]

Well i can tell you that you are not the first or last to apply right after marriage its not that they look at that so much as the proof you supply to show your relationship before the marriage,like i said gummy lots of proof from before and after you marry as much as you can find.

 

[sbwv09]

Just prove your prior relationship and you will be fine I am applying soon after my marriage as well. I'm not sure on how soon you were planning on marrying and applying, but the police clearances often take 3 months or more to come in, so you might want to get started on that sooner rather than later.

 

[tgchi13]

It helps more than a just a little, and - quite honestly - the fact that you are willing to marry when in a bone fide relationship, someone whom you love so much your heart can not be without despite geography will have bearing if you do all else well.

Good luck gummy.