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Conjugal Partner Sponsorship? PLEASE HELP !! stuck in reverse

raznaz86

Member
Jan 26, 2019
13
0
Hello,

I am trying to explain my case in detail just in case that anyone here could kindly help me to make a good decision regarding my sponsorship application for my partner. My boyfriend and I, are both Iranian, and I am Canadian permanent resident. We are in a genuine relationship for almost 7 years, and have been in a continuous relationship since 2011. We have a good record of daily chats, emails, calls, photos, gifts, joint credit card, life insurance ( we don't have joint property or bank account). We have also traveled together for couple of times, and therefore we could also provide some proofs such as hotel reservations or flight tickets to strength our case.

Unfortunately we never had a chance to live together, because first the same-sex relationship is illegal in Iran, and second that I moved to Canada (Montreal) in first year of our relationship in 2012 for my graduate studies. Since then in 2015, he applied twice for TRV to visit me in Canada, but both times his applications were refused due to the lack of tie and travel history. After that he traveled to so many countries in Europe with his multiple Schengen visa, and therefore we decided to apply again for TRV on Dec 2018 for the 3rd time. For this application, we included all the relationship proofs that we had, a support letter from member of parliament and the common-law statuary declaration form. But again the TRV application is refused since the visa officer considered him as an intended migrant, and therefore the application is rejected only because of the lack of tie. Also in the refusal letter the visa officer suggested to apply for family class application.

Now we are both really frustrated that we can visit each other in any country in the world except Canada. I am living here for about 8 years, and have a stable job, and am not really able to move out from Canada, and start from zero in another country. Anyway, after reading so many threads here, I think we will have 3 options to proceed:

1) Apply for TRV again, and mention that we are going to marry in Canada or live together for 1 year to be able to apply for inland family class application. This is our ideal scenario, as it is the fastest option. We cannot really really wait for another 2 years of hassle without even being sure that the application will be approved.

2) Apply for conjugal partner sponsorship. Do we have any chance here? Will the visa officer ask us to marry in another country? And if we apply in this program, how long it takes to pass the eligibility?

3) Marry in another country and then apply for spousal program. Actually I know that this would be the safest option, but we are sure that our families will not support our marriage, and hence we won't have any witnesses in our ceremony. Plus that this costs us too much money which we probably cannot afford.

I am wondering if anyone here had a similar experience? Which option should I apply? I appreciate your thoughts regarding this case.

Thanks
 

DollyM

Hero Member
Jul 6, 2016
341
172
Middle of Nowhere, Perth, Western Australia
Category........
Visa Office......
Sydney
Job Offer........
Pre-Assessed..
App. Filed.......
27-07-2016
Doc's Request.
29-07-2016
AOR Received.
02-09-2016
File Transfer...
31 August 2016
Med's Done....
25-07-2016
I think if he could get a visa to any other country you're going to have a hard time explaining why you can't go to one of those countries and legally marry. I don't see how conjugal would work in your case. There's no barrier to you marrying him in UK or France, etc.
 

AlgCad0218

Star Member
Nov 20, 2018
183
41
Visa Office......
Paris
App. Filed.......
21-02-2018
File Transfer...
05-05-2018
Med's Done....
03-05-2018
You cannot mary in France if you are not residing there but that’s not the point of my message.

I wouldn’t worry too much about the lack of witnesses, in many cases that can be arranged. The USA could be a place where you could get married but I don’t know how hard it is for Iranian nationals to get a visa.
 

raznaz86

Member
Jan 26, 2019
13
0
Thanks for the reply. After Muslim travel ban, USA is almost impossible for Iranian Citizens to get a visa. I have also checked the requirements in France and Germany. Both need residency and other requirements that we cannot meet. It doesn't appear to be straightforward, if it is possible at all :( The ideal case for us is getting married in Canada, but the problem is that they don't issue TRV
 

canuck78

VIP Member
Jun 18, 2017
53,004
12,780
Just wanted to clarify. How much time have you actually spent together? You said that you had declared yourself common law but you didn't live together for 1 year. Have you looked into Holland, Denmark, UK, the nordic countries? Marriage would be much easier. Otherwise your option would be conjugal. I don't believe you'll be able to get the TRV to Canada because they assume that your bf doesn't intend to leave so isn't a true visitor.
 

raznaz86

Member
Jan 26, 2019
13
0
We are in relationship since 2011, but we have not lived together. So we cannot apply as common-law partner. For his 3rd TRV application, I provided him an invitation letter, and we included a notarized common-law union form.

What do you think about conjugal? We don't really want to risk it and wait for another 2 years for nothing!
 

canuck78

VIP Member
Jun 18, 2017
53,004
12,780
We are in relationship since 2011, but we have not lived together. So we cannot apply as common-law partner. For his 3rd TRV application, I provided him an invitation letter, and we included a notarized common-law union form.

What do you think about conjugal? We don't really want to risk it and wait for another 2 years for nothing!
Still confused, have you lived together before but not for 1 year? You filled out the common law union form. You mentioned you've met previously in various European countries. Did you check whether you could get married in any of them or their neighbouring countries? If not yes conjugal seems your best option.
 

raznaz86

Member
Jan 26, 2019
13
0
Because we mention in his application form that he is going to visit me (family member) during his stay in Canada. The common-law union form was one the required documents to prove that we are actually in relationship.
 
Last edited:

zardoz

VIP Member
Feb 2, 2013
13,304
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Canada
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16-02-2013
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31-07-2013
LANDED..........
09-11-2013
We are in relationship since 2011, but we have not lived together. So we cannot apply as common-law partner. For his 3rd TRV application, I provided him an invitation letter, and we included a notarized common-law union form.

What do you think about conjugal? We don't really want to risk it and wait for another 2 years for nothing!
That was actually misrepresentation. This is usually rewarded by the imposition of a 5 years ban.
 

zardoz

VIP Member
Feb 2, 2013
13,304
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Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Because we mention in his application form that he is going to visit me (family member) during his stay in Canada. The common-law union form was one the required documents.
Sorry, but he is not yet a "family member" for immigration purposes. You are friends/dating/fiancé but not anything more at the moment...
 

raznaz86

Member
Jan 26, 2019
13
0
Still confused, have you lived together before but not for 1 year? You filled out the common law union form. You mentioned you've met previously in various European countries. Did you check whether you could get married in any of them or their neighbouring countries? If not yes conjugal seems your best option.
NO we have not lived together at all. We met each other on 2011 and I moved out to Canada on 2012. Therefore, technically it wasn't possible to live together, plus that gay couples cannot live together in Iran. In the last 7 years, I visited him in Iran or other countries. But all of them were short visits ( less than 1 month).

He traveled to European countries to improve his travel history so that he can get the TRV.

Now I am stuck between two options: Conjugal or Spousal? Getting married in another country costs us a lot of money. We cannot easily afford this. It seems that it is possible to get marry in Denmark. But now the problem is that I do not have a Schengen visa and I should apply for the Denmark visa.
 

zt2018

Hero Member
Apr 6, 2018
265
126
If it is possible to marry, but you chose not to do it due to financial reasons, most likely, you can't apply as conjugal.
 

raznaz86

Member
Jan 26, 2019
13
0
Sorry, but he is not yet a "family member" for immigration purposes. You are friends/dating/fiancé but not anything more at the moment...
This is not misrepresentation ! we uploaded everything based on the checklist and the CIC questionnaire. Actually, partners who has not lived together still are in a family class. The documents in the checklist are all based on our answers to the CIC questions! We didn't fake anything, and actually uploaded all the required documents by CIC.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
NO we have not lived together at all. We met each other on 2011 and I moved out to Canada on 2012. Therefore, technically it wasn't possible to live together, plus that gay couples cannot live together in Iran. In the last 7 years, I visited him in Iran or other countries. But all of them were short visits ( less than 1 month).

He traveled to European countries to improve his travel history so that he can get the TRV.

Now I am stuck between two options: Conjugal or Spousal? Getting married in another country costs us a lot of money. We cannot easily afford this. It seems that it is possible to get marry in Denmark. But now the problem is that I do not have a Schengen visa and I should apply for the Denmark visa.
You are going to have problems applying as "Conjugal" given that you have, on multiple occasions, declared "common-law union". See a competent immigration lawyer ..