Conjugal partner application

[skm77]

Hello everyone,

Getting straight to the point, I would like to know if my situation would qualify under Conjugal partner application. I am a PR for almost 3 years and i am from India. I met my girl friend online just a few months after i arrived here, meaning we have been in a relationship for more than 2 years now. She is from Russia and we have met each other 4 times, the first time in her country and the rest in other countries.

I couldn't marry her mainly because my family is against this relation. So marrying her in India without their knowledge is impossible. To marry her in Russia, I need to arrange a document called 'certificate of non impediment' which is basically a document to prove that i am a bachelor. This is a court document and I cannot get this without my family's knowledge and consent. Also, the marriage process in Russia would take more than 30 days since there is a 'waiting period' and i can't get a visa for more than 30 days, which means i have to apply for the visa twice, within a month's period, which may or may not be granted. I had a tough time getting it the first time. I also looked at getting married outside both our countries like in Denmark, but they also need the same certificate and i also doubt if CIC would consider this valid and accept it.

Almost an year ago, on advice from an immigration lawyer,I tried to bring her to Canada on student visa for a short term English course and it got rejected.

Expecting your valuable feedback and advice on whether to apply for conjugal or get married somewhere outside our home countries and then apply as spouse or if there is any other way.

thanks a lot.

 

[smallcoffee]

Is there a possibility that you can live 12 months with her somewhere, anywhere? This will allow you to be common-law.

 

[Ukrainian girl]

I’m pretty sure you could get married in Ukraine. My husband (Canadian citizen) only had to submit a copy of his passport, no certificate of non impediment was needed and you can get married in like two or three days ( if you pay the official Government fee of 150 CAD or something like that) versus 30 days of waiting in Russia.

 

[scylla]

You can get married in India. There are no legal barriers preventing you from doing so to the best of my knowledge. I understand you may not want your parents to find out - however this isn't a legal or immigration barrier.

I think you have a number of options available to you for either getting married or living together to become common law. I don't see grounds for arguing you fit the definition of a conjugal couple.

 

[skm77]

You can get married in India. There are no legal barriers preventing you from doing so to the best of my knowledge. I understand you may not want your parents to find out - however this isn't a legal or immigration barrier.

I think you have a number of options available to you for either getting married or living together to become common law. I don't see grounds for arguing you fit the definition of a conjugal couple.

thank you so much for replying. There is no legal issues getting married in India. The problem again, is my family. The procedure in India is similar to that in Russia, ....after we give an application at the registry, there is a waiting period. My family is fairly well known and i cant even walk into the registry office without anyone recognising me.

How could living together in another country be an option? Is that so simple ?.For example, I move to the Middle East, how can i bring her to the Middle East unless I marry her. Plus it is illegal in so many countries. And it is not easy to move to countries where it is legal, also considering the fact that i hold an Indian passport. I cant move to any country and stay there for an year without a proper visa like a work visa.

 

[skm77]

Question - If we get married in Denmark, would CIC accept that ? are there any risks involved? would this work out ?

 

[Buletruck]

As long as the marriage is legal in the country where it is performed, there should be no problem.

 

[Ukrainian girl]

thank you so much for replying. There is no legal issues getting married in India. The problem again, is my family. The procedure in India is similar to that in Russia, ....after we give an application at the registry, there is a waiting period. My family is fairly well known and i cant even walk into the registry office without anyone recognising me.

How could living together in another country be an option? Is that so simple ?.For example, I move to the Middle East, how can i bring her to the Middle East unless I marry her. Plus it is illegal in so many countries. And it is not easy to move to countries where it is legal, also considering the fact that i hold an Indian passport. I cant move to any country and stay there for an year without a proper visa like a work visa.

But even if your family finds out...what can they really do against you guys?

 

[canuck_in_uk]

thank you so much for replying. There is no legal issues getting married in India. The problem again, is my family. The procedure in India is similar to that in Russia, ....after we give an application at the registry, there is a waiting period. My family is fairly well known and i cant even walk into the registry office without anyone recognising me.

How could living together in another country be an option? Is that so simple ?.For example, I move to the Middle East, how can i bring her to the Middle East unless I marry her. Plus it is illegal in so many countries. And it is not easy to move to countries where it is legal, also considering the fact that i hold an Indian passport. I cant move to any country and stay there for an year without a proper visa like a work visa.

Not wanting your family to know is a personal choice, not a legal or immigration barrier. You do not qualify for conjugal.

 

[YVR123]

thank you so much for replying. There is no legal issues getting married in India. The problem again, is my family. The procedure in India is similar to that in Russia, ....after we give an application at the registry, there is a waiting period. My family is fairly well known and i cant even walk into the registry office without anyone recognising me.

How could living together in another country be an option? Is that so simple ?.For example, I move to the Middle East, how can i bring her to the Middle East unless I marry her. Plus it is illegal in so many countries. And it is not easy to move to countries where it is legal, also considering the fact that i hold an Indian passport. I cant move to any country and stay there for an year without a proper visa like a work visa.

Your family will eventually find out. You better be prepared for it.

 

[skm77]

Not wanting your family to know is a personal choice, not a legal or immigration barrier. You do not qualify for conjugal.

i understand. thank you

 

[skm77]

I’m pretty sure you could get married in Ukraine. My husband (Canadian citizen) only had to submit a copy of his passport, no certificate of non impediment was needed and you can get married in like two or three days ( if you pay the official Government fee of 150 CAD or something like that) versus 30 days of waiting in Russia.

in your case, i am assuming that you are from Ukraine. Is the procedure same when 2 foreign citizens get married in Ukraine ?

The worst my family can do is, they can raise an objection against us at the marriage registry which will make matters worse. It's like declaring war directly on their faces. On the other hand, if i get married secretly and they coming to know about it later will have a lesser impact. eventually they will accept it.

 

[Ukrainian girl]

in your case, i am assuming that you are from Ukraine. Is the procedure same when 2 foreign citizens get married in Ukraine ?

The worst my family can do is, they can raise an objection against us at the marriage registry which will make matters worse. It's like declaring war directly on their faces. On the other hand, if i get married secretly and they coming to know about it later will have a lesser impact. eventually they will accept it.

As far as I know the procedure would be the same for two foreigners getting married in Ukraine. But your girlfriend could call directly to ZAGS and confirm it (if she speaks Russian). Here’s the link with their phone numbers.

https://1fin.biz/registratsiya-braka

 

[skm77]

As long as the marriage is legal in the country where it is performed, there should be no problem.

thank you for the reply.

couples eloping from their home countries and marrying in a foreign country just to escape from the normal procedures and documentations, isn't that a red flag for CIC ?

 

[Addus]

thank you for the reply.

couples eloping from their home countries and marrying in a foreign country just to escape from the normal procedures and documentations, isn't that a red flag for CIC ?

You'll need to explain why your family weren't there, and give satisfactory evidence in general that the relationship is genuine.

Getting married in a third-country is not necessarily a "red flag" itself and it really depends on the context. You will need to explain the situation just like you have done here.

My partner and I got married in Las Vegas at the last minute during a vacation so our family were also not present and neither of us is American. The marriage is still valid and people do that kind of thing all the time. What matters is the overall context of the application and when you take everything together whether the relationship looks genuine or not.