Conjugal Partner Sponsorship Suitability

[eric44]

Hello,

My partner and I have recently applied for a Conjugal Partner Visa under the Canada Family Class (June 24, 2019 application received). We have received confirmation that our application has been received, but have not received any further instructions or guidance.

My main query is regarding our suitability for application under this class.

We met in March 2017 in New Zealand. I am a Canadian Citizen who was working in New Zealand, and she is a Brazilian citizen who was completing a Master's degree in New Zealand, sponsored by the Brazilian government (she is a public servant). She was studying in Wellington, NZ and I was working in Northern New Zealand (10 hour drive apart). For all of 2017 we travelled very frequently to stay with each other as much as possible and developed a strong relationship (spending more than 4 months cumulative at each other's places). In December 2017 she graduated and had to return to Brazil to work for 2 years (part of the agreement of the sponsorship and has severe financial implications if she breaks this). Throughout 2018 we travelled a lot to meet each other as I was still living in New Zealand, and her in Brazil. We met every 6-7 weeks in Brazil, Argentina, Chile, Canada and New Zealand. In January 2019 I finished my working commitment in New Zealand and took an 8 month sabbatical from work. During this sabbatical I have been visiting Brazil and living with my partner. Unfortunately, I have a commitment to start work in Canada in September 2019 and cannot overstay my 6 month visitor Visa in Brazil as well.

The work commitments and financial implications of breaking these commitments has prevented us from living together for more than 12 months. My partner's work commitment of 2 years ends in January 2020 at which point she plans to join me in Canada (pending Visa approval).

Our plan is to get married once she joins me in Canada. We are also considering a Stable Union Document now if that were to make the application process easier.

Is the above appropriate circumstances to qualify for the Conjugal Partner Visa. If not, what would are alternatives be?

Secondly, while the application is being processed, is my partner allowed to visit Canada? What would be the restrictions on this?

Any guidance or help would be greatly appreciated.

 

[Zambezi]

You are not eligible to apply for conjugal sponsorship if you are able to get married.

 

[scylla]

Hello,

My partner and I have recently applied for a Conjugal Partner Visa under the Canada Family Class (June 24, 2019 application received). We have received confirmation that our application has been received, but have not received any further instructions or guidance.

My main query is regarding our suitability for application under this class.

We met in March 2017 in New Zealand. I am a Canadian Citizen who was working in New Zealand, and she is a Brazilian citizen who was completing a Master's degree in New Zealand, sponsored by the Brazilian government (she is a public servant). She was studying in Wellington, NZ and I was working in Northern New Zealand (10 hour drive apart). For all of 2017 we travelled very frequently to stay with each other as much as possible and developed a strong relationship (spending more than 4 months cumulative at each other's places). In December 2017 she graduated and had to return to Brazil to work for 2 years (part of the agreement of the sponsorship and has severe financial implications if she breaks this). Throughout 2018 we travelled a lot to meet each other as I was still living in New Zealand, and her in Brazil. We met every 6-7 weeks in Brazil, Argentina, Chile, Canada and New Zealand. In January 2019 I finished my working commitment in New Zealand and took an 8 month sabbatical from work. During this sabbatical I have been visiting Brazil and living with my partner. Unfortunately, I have a commitment to start work in Canada in September 2019 and cannot overstay my 6 month visitor Visa in Brazil as well.

The work commitments and financial implications of breaking these commitments has prevented us from living together for more than 12 months. My partner's work commitment of 2 years ends in January 2020 at which point she plans to join me in Canada (pending Visa approval).

Our plan is to get married once she joins me in Canada. We are also considering a Stable Union Document now if that were to make the application process easier.

Is the above appropriate circumstances to qualify for the Conjugal Partner Visa. If not, what would are alternatives be?

Secondly, while the application is being processed, is my partner allowed to visit Canada? What would be the restrictions on this?

Any guidance or help would be greatly appreciated.

Withdraw the conjugal application. You don't meet the requirements and the application is going to be refused.

You'll need to wait until you are either married or have lived together continuously for a full year to become common law before you can reapply.

She can certainly try applying for a TRV. If it's approved, you could plan to have her come here to become common law.

 

[eric44]

Withdraw the conjugal application. You don't meet the requirements and the application is going to be refused.

You'll need to wait until you are either married or have lived together continuously for a full year to become common law before you can reapply.

She can certainly try applying for a TRV. If it's approved, you could plan to have her come here to become common law.

Thanks for such a quick reply. How would the 180 day limit on the TRV affect the common-law? Is the 180 day limit per calendar year, or what are the specific restrictions. Would it not be difficult to prove living together for 12 months if she only ever had a TRV?

Thanks again for your help!

 

[scylla]

Thanks for such a quick reply. How would the 180 day limit on the TRV affect the common-law? Is the 180 day limit per calendar year, or what are the specific restrictions. Would it not be difficult to prove living together for 12 months if she only ever had a TRV?

Thanks again for your help!

There is no 180 day per calendar year limit.

She would simply apply from within Canada to extend her stay stating that she is working towards becoming common law so that you can sponsor her for PR.

 

[eric44]

There is no 180 day per calendar year limit.

She would simply apply from within Canada to extend her stay stating that she is working towards becoming common law so that you can sponsor her for PR.

So is the 180 days just per visit and it resets each time? Does she just need to satisfy the border guard that she is just visiting and not living?

From your experience are these extensions requests regularly approved without much question for situations that are working towards common-law?

 

[Jnicole45]

So is the 180 days just per visit and it resets each time? Does she just need to satisfy the border guard that she is just visiting and not living?

From your experience are these extensions requests regularly approved without much question for situations that are working towards common-law?

Yes and no to the first question. While the letter of the law is that yes, it is 180 days in a single visit and as long as you leave before that you should be able to reenter canada for another 180 days. Here's the rub: from what I've been advised by CBSA when crossing the border, that's not always how they enforce it. I've been told that its 180 days in a calendar year. Like I said, that's not the letter of the law, but they can enforce it that way if they want. So if she leaves after her initial 180 days stay and tries to come back, they could decide to not let her back in because they believe she's living in Canada and not a "genuine visitor". I've heard they want significant evidence of ties to her home country (a job waiting for her, proof she has a place to live, etc.) to prove that she's actually visiting, which might be hard if you two are living together in Canada (and if she tries to misrepresent her reason for coming back to canada to avoid this, it'll cause more problems)

This is where the extension comes in. As long as you are upfront about the purpose of wanting to extend your stay (ie to continue living with her partner in Canada), are able to prove that you can financially support yourselves (either by showing she has tons of savings, or by proving that you financially support the two of you), and that she still meets the conditions of her original visa, I dont think you'll have too much trouble being approved for the extension. Just make sure you apply early enough before her status runs out. Some people recommend you do it right before her status expires, but give yourself plenty of time so that if she gets denied you have time to prepare for whatever happens next, instead of her having to leave right away

 

[eric44]

Yes and no to the first question. While the letter of the law is that yes, it is 180 days in a single visit and as long as you leave before that you should be able to reenter canada for another 180 days. Here's the rub: from what I've been advised by CBSA when crossing the border, that's not always how they enforce it. I've been told that its 180 days in a calendar year. Like I said, that's not the letter of the law, but they can enforce it that way if they want. So if she leaves after her initial 180 days stay and tries to come back, they could decide to not let her back in because they believe she's living in Canada and not a "genuine visitor". I've heard they want significant evidence of ties to her home country (a job waiting for her, proof she has a place to live, etc.) to prove that she's actually visiting, which might be hard if you two are living together in Canada (and if she tries to misrepresent her reason for coming back to canada to avoid this, it'll cause more problems)

This is where the extension comes in. As long as you are upfront about the purpose of wanting to extend your stay (ie to continue living with her partner in Canada), are able to prove that you can financially support yourselves (either by showing she has tons of savings, or by proving that you financially support the two of you), and that she still meets the conditions of her original visa, I dont think you'll have too much trouble being approved for the extension. Just make sure you apply early enough before her status runs out. Some people recommend you do it right before her status expires, but give yourself plenty of time so that if she gets denied you have time to prepare for whatever happens next, instead of her having to leave right away

Thank you very much for the response and that makes sense. If we were to get married, apply for a spousal visa under the family class and then apply for the extension I am assuming the process would be pretty straight forward. On that same token if we were establishing a common-law relationship and used this as the justification it sounds to me like this is also a pretty reliable way to get the extension. Thanks again for the response. It is very much appreciated.

 

[Jnicole45]

Thank you very much for the response and that makes sense. If we were to get married, apply for a spousal visa under the family class and then apply for the extension I am assuming the process would be pretty straight forward. On that same token if we were establishing a common-law relationship and used this as the justification it sounds to me like this is also a pretty reliable way to get the extension. Thanks again for the response. It is very much appreciated.

Bonus: if you get married and apply for spousal sponsorship In-Canada Class, she can also apply for an Open Work Permit with your PR application if she wants.

But yeah, as long as you're giving them all the information they ask for and being as honest as possible, things will be easier.

 

[eric44]

Bonus: if you get married and apply for spousal sponsorship In-Canada Class, she can also apply for an Open Work Permit with your PR application if she wants.

But yeah, as long as you're giving them all the information they ask for and being as honest as possible, things will be easier.

Is the open work permit only a possibility for the applying "In-Canada" and not when applying from outside?

 

[Jnicole45]

Is the open work permit only a possibility for the applying "In-Canada" and not when applying from outside?

Correct. Also, didnt realize this, but common-law partners are also a part of program, not just spouses, as long as you're applying inland

 

[eric44]

Correct. Also, didnt realize this, but common-law partners are also a part of program, not just spouses, as long as you're applying inland

Great information and thanks again! All of this information and help is very much appreciated.

 

[phaeo]

Correct. Also, didnt realize this, but common-law partners are also a part of program, not just spouses, as long as you're applying inland

You can sponsor a common law partner for outland sponsorship too! You just need to be able to show you've been living together continuously for a year. It sounds like that isn't feasible in the OP's case though, so marriage is still the best bet for them.

 

[eric44]

Withdraw the conjugal application. You don't meet the requirements and the application is going to be refused.

You'll need to wait until you are either married or have lived together continuously for a full year to become common law before you can reapply.

She can certainly try applying for a TRV. If it's approved, you could plan to have her come here to become common law.

Do you think that it is 100% chance it would be rejected, or is there any merit in waiting until they make a judgement? My partner and I are looking into getting married in January/February, but if there is a chance the application may be approved then we may just leave the application in the process (nothing really to lose).

Also she has an eTA already for Canada that is valid until 2023 and my understanding is that the only difference between the eTA and TRV is that the TRV allows air, sea and road arrival where as the eTA is only by air.

 

[eric44]

You can sponsor a common law partner for outland sponsorship too! You just need to be able to show you've been living together continuously for a year. It sounds like that isn't feasible in the OP's case though, so marriage is still the best bet for them.

Correct. The living together for 12 months is the current challenge. She "lived" with me in NZ for her last 3 months there and I have been "living" with her for the past 5 months in Brazil (but unfortunately have to return to Canada to work in 3 weeks). It would be difficult to prove living together during these times as we did not have any mail or bills directed to these addresses. What is generally required as proof of living together?