Conjugal Partner Sponsorship - Alternatives?

[jragc21]

Hi all! I’m a Canadian citizen in a same-sex long distance relationship for 4 years with my partner who is currently residing in the Philippines.

We’ve taken trips to the USA/Asia to see each other in the first 3 years of our relationship and last year she was granted a TRV here in Canada, spent about 2 weeks together. She liked the place and we’ve finally decided to settle down here. We are thinking of going for the Conjugal Sponsorship route as same sex marriage is not yet legal in her home country. But what I’m worried about is the “immigration barrier” criteria set out in the website. She was granted a TRV so I’m worried that this might be grounds for the application to be denied even if we are able to provide proof that our relationship is genuine (plane tickets, remittances, joint bank accounts, assets, reference letters etc.)

any recommendations/insight would be greatly appreciated.

 

[jddd]

Hi all! I’m a Canadian citizen in a same-sex long distance relationship for 4 years with my partner who is currently residing in the Philippines.

We’ve taken trips to the USA/Asia to see each other in the first 3 years of our relationship and last year she was granted a TRV here in Canada, spent about 2 weeks together. She liked the place and we’ve finally decided to settle down here. We are thinking of going for the Conjugal Sponsorship route as same sex marriage is not yet legal in her home country. But what I’m worried about is the “immigration barrier” criteria set out in the website. She was granted a TRV so I’m worried that this might be grounds for the application to be denied even if we are able to provide proof that our relationship is genuine (plane tickets, remittances, joint bank accounts, assets, reference letters etc.)

any recommendations/insight would be greatly appreciated.

You are correct that due to her being granted a TRV, you will not qualify under conjugal. She can come to Canada and marry you here. You can sponsor her while she stays here after you are married. If you do not want to marry, she can come here and live with you for a year (she can request to extend her stay to keep status) and you can sponsor her as common law after living together for a year.

 

[jragc21]

You are correct that due to her being granted a TRV, you will not qualify under conjugal. She can come to Canada and marry you here. You can sponsor her while she stays here after you are married. If you do not want to marry, she can come here and live with you for a year (she can request to extend her stay to keep status) and you can sponsor her as common law after living together for a year.

thank you for clarifying that. I have some follow up questions:
1. After she renews her TRV and stay here for 6 months after which she can apply for extension, which application would this be and what is the process? (TRV>cohabit>apply for commonlaw)?
2. will she be able to work during her stay here while we fulfill the 1 year cohabitation requirement?

I apologize if these are general questions. All the research I’ve done is for conjugal sponsorship. Hoping you could nudge me in the right direction. Thank you!

 

[jragc21]

You are correct that due to her being granted a TRV, you will not qualify under conjugal. She can come to Canada and marry you here. You can sponsor her while she stays here after you are married. If you do not want to marry, she can come here and live with you for a year (she can request to extend her stay to keep status) and you can sponsor her as common law after living together for a year.

Also, If she comes here in the next few months to marry me under the TRV, can I immediately apply for spousal relationship while she’s here?

 

[armoured]

Also, If she comes here in the next few months to marry me under the TRV, can I immediately apply for spousal relationship while she’s here?

Yes, after the marriage. (Note though marriage certificate requirements, which can take a few weeks or more during covid)

 

[scylla]

thank you for clarifying that. I have some follow up questions:
1. After she renews her TRV and stay here for 6 months after which she can apply for extension, which application would this be and what is the process? (TRV>cohabit>apply for commonlaw)?
2. will she be able to work during her stay here while we fulfill the 1 year cohabitation requirement?

I apologize if these are general questions. All the research I’ve done is for conjugal sponsorship. Hoping you could nudge me in the right direction. Thank you!

1. Yes, she can apply for an extension. She would simply apply to extend her stay in Canada as a visitor stating that she is working towards becoming common law so that you can sponsor her for PR.
2. Not guaranteed. In order to be able to work, she will need to find an employer willing to hire her and that employer will need to obtain an approved LMIA.so that she can qualify to apply for a work permit.