Conjugal Partner Immigration Questions

[Ray-lynn]

Hello

I think me and my partner fit the requirements to apply for a conjugal partner relationship but the whole process is a little overwhelming so I'm looking for any input any of you could give me. I would like to know what types of proof we should submit? How much is enough? Is there such a thing as too much when it comes to this? Or anything else you can help us with. Thank you,

I am a Canadian citizen born and raised and my partner is Lebanese with a Lebanese passport but was born and raised(and currently residing) in the United Arab Emirates. We are in a same sex relationship. We met online and have been together in an online relationship for over 2yrs now. A year ago she applied for a visit visa to Canada but was refused with the reasoning of "Not enough ties to your country and we do not believe you will leave Canada at the end of your stay". Recently I was finally able to fly to go visit her for a month. I am now back in Canada and I would like her here with me. I am on Disability and unable to work so I have no chances of being able to go and live with her there because i would need a job to sponsor me. Also we could not be in a real relationship there as being Gay is not tolerated. So just to simplify things.... She was refused visit to Canada, I cannot work over there to get a work visa, a same sex relationship there could get us thrown in jail if people were to find out, and we have been together for over 2yrs.
I think we meet the criteria for conjugal partners but if there is something I'm missing please let me know.

My family and close friends know about her and are willing to write letters for us stating how long we have been together and that we are a legitimate couple. She also has a few close friends who know about me but its kept mostly a secret on her end to protect her safety. I would really like to be able to share my life more fully with my partner and getting her to Canada seems the only way that would be possible. Please help.

Again, any comments or suggestions are appreciated.

 

[parker24]

From my understanding of Conjugal, you do seem to qualify for it as it's an immigration barrier(Being rejected for visa and being illegal to be in a same-sex relationship)

As for evidence, I put in photos of us, phone bills of me calling my husband when he was in the states, plane ticket itinerary, letters from friends/family. You will also need Option C from Revenue Canada (You can call for that). Your partner would need police clearance and medical done. As for the disability benefits, if it's ODSP, I just sent them the past three months of pay they gave me, which apparently is fine. But also explain in a letter why you cannot work and that your income is ODSP.

It's all about proving you are a "real" relationship and that you love each other and want to be together and your partner isn't just trying to get into Canada

 

[canadianwoman]

It sounds to me like a conjugal sponsorship could be successful in your case.
You have to show that you have been in a conjugal relationship for at least a year. Your lives should be intertwined to the extent possible under the circumstances, so any joining of your financial affairs is good evidence.

 

[OhCanadiana]

Take a look at pages 19-22 (or 20-23 of the pdf version) of OP2 to get the details of how your application would be reviewed. You can find it at http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

A few bits here...

The word “conjugal” is not defined in legislation; however, the factors that are used to determine
whether a couple is in a conjugal relationship are described in court decisions.
...
In the M. v. H. decision, the Supreme Court adopts the list of factors that must be considered in
determining whether any two individuals are actually in a conjugal relationship from the decision of
the Ontario Court of Appeal in Moldowich v. Penttinen.
...
From the language used by the Supreme Court throughout M. v. H., it is clear that a conjugal
relationship is one of some permanence, where individuals are interdependent – financially,
socially, emotionally, and physically – where they share household and related responsibilities,
and where they have made a serious commitment to one another.
Based on this, the following characteristics should be present to some degree in all conjugal
relationships, married and unmarried:

• mutual commitment to a shared life;
• exclusive – cannot be in more than one conjugal relationship at a time;
• intimate – commitment to sexual exclusivity;
• interdependent – physically, emotionally, financially, socially;
• permanent – long-term, genuine and continuing relationship;
• present themselves as a couple;
• regarded by others as a couple;
• caring for children (if there are children).

People who are dating or who are thinking about marrying or living together and establishing a
common-law relationship are NOT yet in a conjugal relationship, nor are people who want to live
together to “try out” their relationship.

Persons in a conjugal relationship have made a significant commitment to one another. A married
couple makes the commitment publicly at a specific point in time via their marriage vows and
ceremony, and the marriage certificate and registration is a record of that commitment. In a
common-law or conjugal partner relationship, there is not necessarily a single point in time at
which a commitment is made, and there is no one legal document attesting to the commitment.
Instead, there is the passage of time together, the building of intimacy and emotional ties and the
accumulation of other types of evidence, such as naming one another as beneficiaries of
insurance policies or estates, joint ownership of possessions, joint decision-making with
consequences for one partner affecting the other, and financial support of one another (joint
expenses or sharing of income, etc. When taken together, these facts indicate that the couple has
come to a similar point as that of a married couple – there is significant commitment and mutual
interdependence in a monogamous relationship of some permanence.

Officers should also take into account to what extent the laws and/or traditions of the applicant's
home country may discourage the parties from openly admitting the existence of the relationship.

OP2 has a detailed list with specifics of evidence to prove the various characteristics of a conjugal relationship that will help you put your application together.

Good luck!

 

[jlrp]

in other view
Conjugal partner
This category is for partners—either of the opposite sex or same sex—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship and there is the same level of commitment as a marriage or a common-law relationship.

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp#conjugal

Conjugal partner category is for foreign national partners of Canadian or permanent resident sponsors who would normally apply as common-law partners but are unable to live together continuously for one year, due to circumstances beyond their control, such as immigration barrier, religious reasons, marital status, or sexual orientation.

In most cases, the foreign partner is also not able to marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, meaning they have been in a bona fide (genuine) conjugal relationship for a period of at least one year.

However, a significant degree of attachment and mutually interdependent relationship must be demonstrated between both partners for this category. They must also provide proof of what obstacles (or restrictions) exist that prevent cohabitation or marriage.

 

[BC_guy]

How many times have you visited your partner? If only once, that is not enough. Don't even bother applying under conjugal, as it will definitely be rejected. You must visit her at least 2-3 times before a conjugal relationship can consider to be established. Only THEN do you start the 1 year clock. Once the 1 year passes, you can apply.

Otherwise don't waste your time. Nobody will believe you're in a conjugal relationship after just one visit. So if you're serious... you need to do the traveling. Good luck.

 

[Ray-lynn]

Thank you everyone for your replies. I would love to hear more that you have to add so keep it coming. One thing I was also wondering is who should the letters be addressed to?

 

[OhCanadiana]

Thank you everyone for your replies. I would love to hear more that you have to add so keep it coming. One thing I was also wondering is who should the letters be addressed to?

I would address the letters from friends and family to Officer or Visa Officer and use the CPC-M address:

2 Robert Speck Parkway,
Suite 1200
Mississauga, ON
L4Z 1H8

and, once you collate them with your other evidence, send them with your application.

 

[missmini]

Thank you everyone for your replies. I would love to hear more that you have to add so keep it coming. One thing I was also wondering is who should the letters be addressed to?

the letters r part of the relationship proofs package (which includes other proofs too) and which is sent together with the rest of the forms, required documents etc, either to the mentioned address or to the pobox one....

for me it looks that u qualify as conjugal; u could explain why u were not able to visit her more often (income, disability, distance, visa requirement, etc etc) and anything else needs also to be explained (it is really uncommon in the uae and arab culture for this kind of relationship, so explain how ur families know, support u, etc)...read the manuals to see what proofs they expect u to have and how u should prepare....everything u have present it well, everything u don't have and u find important to mention, explain why it's impossible for u to have it (cultural norms, etc)...if this is ur only choice to be together definately give it a try...good luck!!

 

[AllisonVSC]

How many times have you visited your partner? If only once, that is not enough. Don't even bother applying under conjugal, as it will definitely be rejected. You must visit her at least 2-3 times before a conjugal relationship can consider to be established. Only THEN do you start the 1 year clock. Once the 1 year passes, you can apply.

Otherwise don't waste your time. Nobody will believe you're in a conjugal relationship after just one visit. So if you're serious... you need to do the traveling. Good luck.

Can you cite a source for this or is it your opinion?

 

[Isometry]

Thank you everyone for your replies. I would love to hear more that you have to add so keep it coming. One thing I was also wondering is who should the letters be addressed to?

The letters are sent as part of your proof of relationship, in your application package. The ones I sent were simply addressed, "To whom it may concern".

Best of luck!

 

[BC_guy]

Can you cite a source for this or is it your opinion?

Of course there is no official source for this. But I do not know of any conjugal applications that have been approved with less than 2 visits. Any experienced legitimate immigration lawyer will tell you that no relationship can be considered conjugal after just 1 visit. You simply have to establish more physical time together... period.

 

[missmini]

Of course there is no official source for this. But I do not know of any conjugal applications that have been approved with less than 2 visits. Any experienced legitimate immigration lawyer will tell you that no relationship can be considered conjugal after just 1 visit. You simply have to establish more physical time together... period.

while that's true, then what abt the ones who after some time of online relationship, they meet first time (1 visit), get married and start the process? of course they don;t have the smoothest process but with enough proofs and good preparation many do succeed....the difference between that case and this (looking from outside) is just that they can get married while here they cannot...

Ray-lynn overall u see that it's good to get different opinions if u can go and visit her again (or meet half way somewhere in Europe for example) u will make ur application stronger....if it's not possible it does not mean that there's no chance at all

 

[Isometry]

while that's true, then what abt the ones who after some time of online relationship, they meet first time (1 visit), get married and start the process? of course they don;t have the smoothest process but with enough proofs and good preparation many do succeed....the difference between that case and this (looking from outside) is just that they can get married while here they cannot...

Ray-lynn overall u see that it's good to get different opinions if u can go and visit her again (or meet half way somewhere in Europe for example) u will make ur application stronger....if it's not possible it does not mean that there's no chance at all

If they could meet halfway... maybe get married in Portugal or something? Not sure if that'd be feasible, just a thought.

 

[missmini]

If they could meet halfway... maybe get married in Portugal or something? Not sure if that'd be feasible, just a thought.

hmm i'm not sure which European countries allow same sex couples to get married....and since Canada does not recognize this kind of marriage yet, they won't b able to apply as married :