Conjugal Partner Sponsorship

[Leon]

mariabo: They do not consider it an immigration barrier when your partner is in Italy. Your partner can come to Canada on a tourist visa and live with you for up 6 months and apply for a visit visa extension at the end of 6 months to get the full year or you could go to Italy and do the same thing. Conjugal partnerships are the hardest to prove. Read what they say about them at the CIC website:

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.
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You may apply as a conjugal partner if:
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you can provide evidence there was a reason you could not live together (for example, you were refused long-term stays in each other’s country).

 

[MsSnickers]

MsSnickers,

Empty you inbox..................... ;D

Just did, Journeyman! Guessing since I am still fairly new, it has limits, because I only had 2 messages in there! :

 

[mariabo]

!.

mariabo: They do not consider it an immigration barrier when your partner is in Italy. Your partner can come to Canada on a tourist visa and live with you for up 6 months and apply for a visit visa extension at the end of 6 months to get the full year or you could go to Italy and do the same thing. Conjugal partnerships are the hardest to prove. Read what they say about them at the CIC website:

LEON; Thank you! I am aware of this. The funny thing is that 6 years ago I sponsored my now ex boyfriend and he was granted resident status and our relationship was formulated under the same grouds. Both my partner and I attempted long term stays in each others' countries but were unable to find jobs and what not that would support us. I was unable to land a job in italy to obtain a Permesso di Soggiorno and my partner was unable to spend 6 months in Canada at a time. In any case, I proved numerous leave of absenses from work, sometimes for periods of 3 months or more just to come stay with him. He didn't come to Canada for long periods, but I certainly spent long periods with him in Italy. So frustrating but thank you for the feedback. What would you suggest we do? He has a job lined up in Canada already and we were counting on this visa to get him legally into Canada and have him legally start working.....everything just went down the drain.

 

[Leon]

If he has a job lined up, the employer can get an AEO for him and help him apply under a provincial nominee program or he can apply himself under the skilled worker program. You could also get married and apply again as a married couple or you can try to live together for the one year required as a common law couple, first you can be in Italy as long as you are allowed and he can support you, then he can come live with you in Canada and you can support him etc.

Some people have gotten lucky with the conjugal partner class but just because it worked for you before or it worked for some other person recently doesn't mean it will work for everybody all the time.

 

[mariabo]

If he has a job lined up, the employer can get an AEO for him and help him apply under a provincial nominee program or he can apply himself under the skilled worker program. You could also get married and apply again as a married couple or you can try to live together for the one year required as a common law couple, first you can be in Italy as long as you are allowed and he can support you, then he can come live with you in Canada and you can support him etc.

Some people have gotten lucky with the conjugal partner class but just because it worked for you before or it worked for some other person recently doesn't mean it will work for everybody all the time.

Thanks Leon!
I appreciate your suggestions and will certainly look into that!!!!

 

[AllisonVSC]

Hello Everyone,

I am new to this forum and I am wondering if anyone has had my experience. I have sponsored my Conjugal Partner from Italy and was approved right away to be his sponsor. If you do not know, Conjugal Sponsorship is valid if you have been able to maintain a genuine and continuing relationship but have not been able to live together due to immigration barriers. This is the case for us, we have been together for 4 years and we have both been travelling back and forth trying to spend as much time together. I have enclosed airline tickets, travels, letters, phone bills, pics with family and friends, testimony from friends and family, pictures recognizing our union, we have proven to combine our affairs as much as possible but since we are not residents in each others countries, we are not able to have joint bank accounts, properties, wills, etc together, hence why we have applied under Conjugal Partnership and NOT Common Law.
After much wait, my partner finally got his letter and he was refused. The Counsellor reviewing our case stated that we have no proof of financial assets together, no properties together, he is not on my will etc. BUT, these are NOT requirements for Conjugal Partnership. Actually, once a partner is apporoved, he can then come into Canada and only after, can we combine our affairs. On our refusal letter, the officer kept referring to Common Law and not Conjugal Partner. Is there any way that the officer could have made a mistake, and if yes, how can we go about bringing this to their attention without going through the long battle of appealing. This is so frustrating esp bc we were refused for something that was NOT a requirement for our application. Also, I was approved as his sponsor, I am working, able to support him...so why would they refuse him.....esp for something that was not a requirement. We are so disasppointed and are looking at a black tunnel, we do not know what to do next. I am currently in Italy visiting my partner, maybe we should go to the embassy in person!!!
Any advice or experience would be amazing!! thanks!

Mariabo, I am so sorry to hear your case was refused. The key to the refusal seems to be the level of financial interdependence which the IO found lacking. The OP 2 manual describes 4 types of interdependencies - physical, emotional, financial and social. The manual states assessment should focus on evidence of interdependency. And while you provided good evidence of the other types of interdependencies, it seems that the IO found NO evidence at all of your financial interdependence. Unfortunately, residency in a country is not a pre-requisite for combining your financial affairs. Wills can be drawn and beneficiaries can be declared regardless of where people live. It is also possible to open joint accounts (at least here in Canada, I have no idea about Italy) without being a resident. Joint purchases are also possible. Given that all these are surmountable obstacles to your conjugal application, it is possible to combine your financial affairs and reapply. Another option is to go for an appeal and present new evidence that you have, to the extent possible, combined your affairs. Neither, I'm sure at this time seems good, but I hope you will recognize that you still have options.
Best wishes, Allison

 

[MsSnickers]

Hello Everyone,

I am new to this forum and I am wondering if anyone has had my experience. I have sponsored my Conjugal Partner from Italy and was approved right away to be his sponsor. If you do not know, Conjugal Sponsorship is valid if you have been able to maintain a genuine and continuing relationship but have not been able to live together due to immigration barriers. This is the case for us, we have been together for 4 years and we have both been travelling back and forth trying to spend as much time together. I have enclosed airline tickets, travels, letters, phone bills, pics with family and friends, testimony from friends and family, pictures recognizing our union, we have proven to combine our affairs as much as possible but since we are not residents in each others countries, we are not able to have joint bank accounts, properties, wills, etc together, hence why we have applied under Conjugal Partnership and NOT Common Law.
After much wait, my partner finally got his letter and he was refused. The Counsellor reviewing our case stated that we have no proof of financial assets together, no properties together, he is not on my will etc. BUT, these are NOT requirements for Conjugal Partnership. Actually, once a partner is apporoved, he can then come into Canada and only after, can we combine our affairs. On our refusal letter, the officer kept referring to Common Law and not Conjugal Partner. Is there any way that the officer could have made a mistake, and if yes, how can we go about bringing this to their attention without going through the long battle of appealing. This is so frustrating esp bc we were refused for something that was NOT a requirement for our application. Also, I was approved as his sponsor, I am working, able to support him...so why would they refuse him.....esp for something that was not a requirement. We are so disasppointed and are looking at a black tunnel, we do not know what to do next. I am currently in Italy visiting my partner, maybe we should go to the embassy in person!!!
Any advice or experience would be amazing!! thanks!

mariabo, so sorry to hear that you were denied. Best of luck to you with your next go round.

 

[journeyman]

Journeyman,
Thank you for your reply. Why did u not appeal? Is it a lengthy process??

Yes, an appeal would have taken at least 15 months longer than the route we decided on. Not to mention legal fees, etc.

 

[mariabo]

Mariabo, I am so sorry to hear your case was refused. The key to the refusal seems to be the level of financial interdependence which the IO found lacking. The OP 2 manual describes 4 types of interdependencies - physical, emotional, financial and social. The manual states assessment should focus on evidence of interdependency. And while you provided good evidence of the other types of interdependencies, it seems that the IO found NO evidence at all of your financial interdependence. Unfortunately, residency in a country is not a pre-requisite for combining your financial affairs. Wills can be drawn and beneficiaries can be declared regardless of where people live. It is also possible to open joint accounts (at least here in Canada, I have no idea about Italy) without being a resident. Joint purchases are also possible. Given that all these are surmountable obstacles to your conjugal application, it is possible to combine your financial affairs and reapply. Another option is to go for an appeal and present new evidence that you have, to the extent possible, combined your affairs. Neither, I'm sure at this time seems good, but I hope you will recognize that you still have options.
Best wishes, Allison

Allison,
thank you very much for your suggestions. I totally understand what you are referring to but years ago, I submitted the same application for an ex conjugal partner and there was no talk of financial interdependencies, he was accepted and became a Canadian resident (the relationship didn't go very far however). I am shocked that by doing the same, for my new partner, it seems that the criteria does not fit. In Italy you can pretty much do nothing unless you are a resident. Do u think that if I tried submitting evidence of joint accounts without going through an appeal that they would be considered. I would hate to start all over again. I appreciate your advice, it is very helpful! Best Regards, Maria

 

[mariabo]

Allison,
thank you very much for your suggestions. I totally understand what you are referring to but years ago, I submitted the same application for an ex conjugal partner and there was no talk of financial interdependencies, he was accepted and became a Canadian resident (the relationship didn't go very far however). I am shocked that by doing the same, for my new partner, it seems that the criteria does not fit. In Italy you can pretty much do nothing unless you are a resident. Do u think that if I tried submitting evidence of joint accounts without going through an appeal that they would be considered. I would hate to start all over again. I appreciate your advice, it is very helpful! Best Regards, Maria

Allison,
One more point, why would I have a bank account in Italy if I am not even living there? We visit each other as much as possible but we do not have joint accounts bc we are do not have any financial interdependence at this point, for the sole reason that we do not live in the same country. Isn't the point of allowing a Conjugal partner into Canada for the couple to than have the opportunity to live together and combine everything, like financial affairs only after they settle together in a country? I cannot believe that after proving all points, the officer would rule us out, for this reason. I have so much proof that our relationship is genuine and continuing and right now, everything has hit the dust. We don't know where to turn. My partner has a job lined up in Canada which I am afraid that he will lose since we he now does not have resident status. We'll see. Thank you again!

 

[meikemuffinx3]

me and my boyfriend live in the US and i got banned from entering the US, now that we want to move to canada would we have a chance of applying for the conjugal partner sponsorship?

 

[scylla]

me and my boyfriend live in the US and i got banned from entering the US, now that we want to move to canada would we have a chance of applying for the conjugal partner sponsorship?

No - this isn't enough to qualify you for conjugal sponsorship. It needs to be impossible for you to get married or live together for at least one full year in order for you to possibly qualify to apply under conjugal sponsorship.

 

[voyageceazar]

HI I am new here in the forum. I am living here in Canada for 1 year and a half and a permanent resident, i have this case which is i dont know how to get my partner here.

she is in the Philippines and is married in status but separated for 4 years. they have their own families now.. we have a 1 year and a half baby and is also in the philippines which is divorce is not allowed because its dominantly a catholic country. and we are also a member of church of Christ (Iglesia ni Cristo) where even annulment is not permitted. can i still be able to get them here to live with me? or any chances? because it is very hard for me to be far away from them. is conjugal will appicable for me? thank you for the answers.

 

[canuck_in_uk]

HI I am new here in the forum. I am living here in Canada for 1 year and a half and a permanent resident, i have this case which is i dont know how to get my partner here.

she is in the Philippines and is married in status but separated for 4 years. they have their own families now.. we have a 1 year and a half baby and is also in the philippines which is divorce is not allowed because its dominantly a catholic country. and we are also a member of church of Christ (Iglesia ni Cristo) where even annulment is not permitted. can i still be able to get them here to live with me? or any chances? because it is very hard for me to be far away from them. is conjugal will appicable for me? thank you for the answers.

Hi

When did you become a PR? Have you ever lived together? When was your child born?

 

[voyageceazar]

Hi

When did you become a PR? Have you ever lived together? When was your child born?

i was petitioned by my dad. I arrived here december 2015. my child born january 30, 2016.