Conjugal or Common Law?

[BlueSkiesHere]

Hello Everyone,

My partner and I have been in a relationship for 3 years and are currently going through the
paperwork for him to sponsor me to move to Canada.
We will have lived together for 1 year this coming March, we weren't able to move in together
sooner due to work commitments (I had to live in the company provided accommodation, plus
South Korea isn't that great with Same Sex)

Would it be better to apply now as Conjugal Partners or wait a few months to hit the 1 year mark for
Common Law?


Info:
Location, South Korea.
Me British. Him Canadian.
Same Sex Relationship.
Families have met each other numerous times, Both have traveled to the others home countries.

Thanks in Advance.

 

[Bcboundboy]

Hello Everyone,

My partner and I have been in a relationship for 3 years and are currently going through the
paperwork for him to sponsor me to move to Canada.
We will have lived together for 1 year this coming March, we weren't able to move in together
sooner due to work commitments (I had to live in the company provided accommodation, plus
South Korea isn't that great with Same Sex)

Would it be better to apply now as Conjugal Partners or wait a few months to hit the 1 year mark for
Common Law?


Info:
Location, South Korea.
Me British. Him Canadian.
Same Sex Relationship.
Families have met each other numerous times, Both have traveled to the others home countries.

Thanks in Advance.

You won't qualify for conjugal sponsorship, because you both come from countries where you can get married, so there's no barrier to you doing that. You will need to marry, or wait until you qualify for Common Law status.

 

[Rob_TO]

Right, you definitely don't qualify as conjugal so a conjugal app will eventually be rejected and you'll just be back at the beginning again.

Wait the few months to qualify for common-law. Spend the next few months preparing all your cohabitation proofs, your intent to return to Canada, and reviewing steps to put together the PR app.

 

[BlueSkiesHere]

Thank you for your responses.
Hmm, the reason we can't get married is because it's illegal here.
From reading the information online, I thought we might fall under conjugal
as we haven't been living together as first we had to find a landlord who was
okay with us being partners. 3 years of family visits, joint purchases etc etc.

Oh well, if we have to wait then we have to wait.

Thank you for your help. "-)

 

[Rob_TO]

Thank you for your responses.
Hmm, the reason we can't get married is because it's illegal here.
From reading the information online, I thought we might fall under conjugal
as we haven't been living together as first we had to find a landlord who was
okay with us being partners. 3 years of family visits, joint purchases etc etc.

Oh well, if we have to wait then we have to wait.

Thank you for your help. "-)

There is nothing stopping you from getting married in Canada, UK, or any other country you can easily travel to where same-sex marriage is legal.
Also nothing is stopping you from living together for 1 year, as you are already living together. You have no major legal or immigration barriers to being married or common-law.

That is why you don't qualify for conjugal.

 

[Bcboundboy]

To explain for anyone else wondering - in order to qualify for conjugal sponsorship, you need to demonstrate that you cannot meet either spousal or common law sponsorship.

In this situation, you can meet common law requirements where you are (and nearly have), so you would not qualify. in addition, you can both travel freely to each others home countries, and you can get married in both of those. So since there is no barrier to either spousal or common law sponsorship, you cannot qualify for conjugal.

Not being able to get married where you are is a start towards conjugal, but you would also need to not be able to live together, and not be able to travel to somewhere where you can get married.

 

[BlueSkiesHere]

Thank you, this was really helpful.

At least we will have revised all the paper work and documents by the "common law" date. ;D