Conjugal Partner Sponsorship? PLEASE HELP !! stuck in reverse

[canuck78]

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 shouldn't have filled out the common law union form. I would go for the Denmark option and don't worry about witnesses just make sure you document the marriage with pictures and then explain your family is not supportive and you have no friends or family that were able to travel. This is a very common and understandable reason for not having witnesses at your wedding.

 

[raznaz86]

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.

So who can apply for conjugal? and what is the purpose of this program? When we cannot live or marry in our home country, and they don't allow us to marry in Canada, doesn't it make our situation exceptional?

 

[canuck78]

A very small group of people for example filipino citizens who want to marry a Canadian citizen or PR but divorce is illegal in the Philippines.

 

[raznaz86]

You shouldn't have filled out the common law union form. I would go for the Denmark option and don't worry about witnesses just make sure you document the marriage with pictures and then explain your family is not supportive and you have no friends or family that were able to travel. This is a very common and understandable reason for not having witnesses at your wedding.

Why we should't have filled out the common-law form? In the TRV questionnaire, we answered that he is going to visit his BF and we have not live together more than 1 year. The common-law form was one of the required documents! It was not possible at all to not filled out that form! otherwise, we couldn't submit the application.

 

[DollyM]

Why we should't have filled out the common-law form? In the TRV questionnaire, we answered that he is going to visit his BF and we have not live together more than 1 year. The common-law form was one of the required documents! It was not possible at all to not filled out that form! otherwise, we couldn't submit the application.

You should not have filled out the common law form because you are not common law! Common law is a legal definition where 2 people have lived together as a couple for 12 months or more. Being boyfriends is not common law.

I agree that you will not be likely to pass the conjugal sponsorship. You and your boyfriend have the option to marry in another country but you choose not to for financial reasons. Conjugal is for those who cannot marry - i.e. Philippines where divorce is not legal and they cannot get a visa to travel to Canada to establish common law, or people like you and your partner if he were unable to travel to another country. However since he has been able to clearly demonstrate that he is able to travel to other countries where same sex marriage is legal, you do have the option of marriage and spousal sponsorship.

 

[canuck_in_uk]

So who can apply for conjugal? and what is the purpose of this program? When we cannot live or marry in our home country, and they don't allow us to marry in Canada, doesn't it make our situation exceptional?

You can apply for conjugal. Ignore all of the people telling you that you don't qualify. There are legal and immigration barriers preventing you from marrying or becoming common-law in both Canada and Iran.

Canada does NOT require conjugal applicants to prove that they couldn't marry or live together in any of the other 195+ countries in the world. I really do not understand why people continue to perpetuate that BS.

The fact that you signed a declaration of common-law could be an issue. You will need to explain and possibly prove that you were not actually common-law.

 

[kcward7]

You can apply for conjugal. Ignore all of the people telling you that you don't qualify. There are legal and immigration barriers preventing you from marrying or becoming common-law in both Canada and Iran.

Canada does NOT require conjugal applicants to prove that they couldn't marry or live together in any of the other 195+ countries in the world. I really do not understand why people continue to perpetuate that BS.

The fact that you signed a declaration of common-law could be an issue. You will need to explain and possibly prove that you were not actually common-law.

Because if the applicant & sponsor are able to travel to another country to marry, does it not negate legal and immigration barriers to marriage if they can do it elsewhere? I don't disagree that they don't need to prove that they couldn't marry or live together in any of the other countries, but if the officers ask why didn't you marry in X place - would that not significantly weaken the case?

 

[canuck_in_uk]

Because if the applicant & sponsor are able to travel to another country to marry, does it not negate legal and immigration barriers to marriage if they can do it elsewhere? I don't disagree that they don't need to prove that they couldn't marry or live together in any of the other countries, but if the officers ask why didn't you marry in X place - would that not significantly weaken the case?

Anyone can travel to another country. Even those from countries like Syria and Afghanistan can travel visa-free to dozens of countries.

 

[AlgCad0218]

It’s such a difficult situation do you. In your particular case, I would consult a lawyer to see how (and if) you could present your conjugal partnership application. I would not pay for the whole process but just for one appointment.

In any case if you would like to get married, you might do it in Puerto Vallarta, Mexico. It is very easy to get a Mexican visa if you have a valid Canadian, Us or European visa. Same-sex marriage is legal and they marry foreigners.

 

[raznaz86]

You can apply for conjugal. Ignore all of the people telling you that you don't qualify. There are legal and immigration barriers preventing you from marrying or becoming common-law in both Canada and Iran.

Canada does NOT require conjugal applicants to prove that they couldn't marry or live together in any of the other 195+ countries in the world. I really do not understand why people continue to perpetuate that BS.

The fact that you signed a declaration of common-law could be an issue. You will need to explain and possibly prove that you were not actually common-law.

I totally agree with you. People here are not really aware of the legal and immigration barriers that we have. Also, if for any reason, our government find out about the marriage, there will be severe consequences upon our return. The whole process is very stressful and confusing, and am not sure which program I should apply. I was hoping to find people with similar experiences here or find a competent immigration lawyer who have a good success rate on such cases.

 

[raznaz86]

It’s such a difficult situation do you. In your particular case, I would consult a lawyer to see how (and if) you could present your conjugal partnership application. I would not pay for the whole process but just for one appointment.

In any case if you would like to get married, you might do it in Puerto Vallarta, Mexico. It is very easy to get a Mexican visa if you have a valid Canadian, Us or European visa. Same-sex marriage is legal and they marry foreigners.

Yes, I think a consultation session with a competent lawyer will be really helpful. But still, I have not found a lawyer. I don't know if I can trust Google reviews. At least in Montreal area, the reviews are really mixed !

Mexico would be really difficult for my partner. We prefer somewhere in Europe if we want to apply for spousal.

 

[raznaz86]

Hi Folk,

This is what I found from CIC website. Doesn't it mean that getting married (in another country) is not the requirement? What are your thoughts?

"
Requirements
A foreign national intending to immigrate as the conjugal partner of a sponsor must provide evidence that:

• they have maintained a conjugal relationship with their sponsor for at least one year
• they are in a committed and mutually interdependent relationship of some permanence and have combined their affairs to the extent possible

Although the intention of the conjugal partner category is to accommodate Canadians and permanent residents with foreign partners who can neither marry nor live together, the inability to marry cannot be an absolute requirement, since this could have the effect of “forcing” those couples to marry who may have chosen not to. Persons who have established and maintained a conjugal relationship for one year and who do not intend to marry might be conjugal partners if they have been unable to cohabit because of an immigration impediment or other serious barrier. The key to determining whether an individual is a conjugal partner is whether they are in a conjugal relationship with their sponsor and whether there is a compelling barrier to continuous cohabitation.
"

Cheers

 

[steaky]

Yes, I think a consultation session with a competent lawyer will be really helpful. But still, I have not found a lawyer. I don't know if I can trust Google reviews. At least in Montreal area, the reviews are really mixed !

Mexico would be really difficult for my partner. We prefer somewhere in Europe if we want to apply for spousal.

Since you trust this forum, create an account here and the host of this forum is a law firm based in Montreal, why not give the law firm a try?

 

[raznaz86]

Since you trust this forum, create an account here and the host of this forum is a law firm based in Montreal, why not give the law firm a try?

Thanks for the suggestion. Sure, I will give it a try before my application.