conjugal partner

[atuimi]

Hello everyone,

I have been reading some of the topics about conjugal partner but Im still not sure if I can apply for that.

Can anyone give me some advice,please?

This is my case:

My boyfriend is from Mumbai. I am from Spain.

We met in United States during an internship and we started a relationship.

His US visa finished and he went back to India. He applied for a US visa and he got rejected twice.

It was really tough. We didnt expect that at all so now we are living in a long distance relationship.

He started the process for a PR in Canada and its almost done.Its going to take like 2-3 months more.

By this time, I will be back in my country because my US visa finishes in December 2010.

Once he gets the PR I'm thinking to go to Canada with him as a dependent.

Is it possible in our case to apply as a conjugal partner?

There is a huge immigration barrier. We couldn't live together because of his rejections.

But I am not sure about "impediments to get married"...... what would be an impediment?will it be enough to give the same reason? Immigration barrier? Not able to live together...

It will be very helpful if someone can give me some advice. Thanks!!!

 

[joecreosta]

i think it should be fine once he is in canada.

does Spanish passport holder require a visa entry to canada?

once he is in canada. and ur in canada. you both can get MARRIED a real court marriage and make a celebration big wedding. why do conjugal partner? conjugal partner has many implications issues. it is very hard to prove court. and u have to be living together for a long time.

what exactly is conjugal partner? its someone u have sexual relationship with for a long time and not just only a few days.

take my advice. get married with him in canada regular way.and then apply for PR for urslef.

or try this. ask him to move Spain with you. visa entry into Spain for indians people should not be that hard.then marry him regular way in Spain.and then u both apply to come canada as a family.

thanks

 

[joecreosta]

If you are not married but wish to immigrate with your partner, there are only two categories that might apply: common-law (which will be discussed in future) or conjugal partner.

What is a conjugal partner? The regulations aren't helpful, as they define "conjugal partner" to mean "in relation to a sponsor, a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year."

Essentially, a conjugal relationship is "marriage-like", meaning that there must be a serious commitment to spend your life together in a monogamous relationship.

Citizenship and Immigration Canada look for the following elements to determine if a conjugal relationship exists:

mutual commitment to a shared life;
exclusive – cannot be in more than one conjugal relationship at a time;
intimate – commitment to sexual exclusivity;
interdependent – physically, emotionally, financially, socially;
permanent – long-term, genuine and continuing relationship;
present themselves as a couple;
regarded by others as a couple;
caring for children (if there are children).
If you are dating and thinking about marriage, or living together to try things out, you are not likely in a conjugal relationship. Conjugal relationships are built over time and supported by evidence of a shared life together, such as joint ownership of possessions, naming each other as beneficiaries under insurance policies, financial support of one another and so forth.

 

[bobshynoswife]

an immigration barrier making it difficult (or impossible) to live together does not necessarily mean you have an impediment to marrying. could you not go to india and get married there? if that is possible, you may not fall under the conjugal class.

 

[atuimi]

Honestly we dont want to marry each other in a rush.... We want to settle down together and after some time get married.

It seems very difficult to get a conjugal partner visa.

We are not ready for another rejection so I think we need to find another way..... I need to see for which visa I qualify

Thank you for your replies I appreciate it!

 

[tgchi13]

If you are young and have no impediments against marriage you are far less likely to succeed under conjugal, sorry.

Immigration is not set up to allow people to test run relationships.

 

[Siouxie]

Alternatively, apply for a visa under the youth exchange program (under 35 for spain), live with your boyfriend for a year once you get here and then apply for a common law class sponsorship. You will have to keep checking the website as once the new 2011 visa's are available you need to apply quickly!

http://www.canadainternational.gc.ca/spain-espagne/youth-jeunesse/index.aspx?lang=eng&highlights_file=&left_menu_en=&left_menu_fr=&mission=

International Youth Programs
The International Experience program between Canada and Spain allows Spanish and Canadian citizens, aged between 18 and 35, to have the opportunity to obtain visas and work permits that will allow them to spend up to one year in the other country, either to get professional experience, complement their post-secondary studies or engage in language training and cultural immersion.

The 2010 International Experience Canada program is now closed.

The information regarding the opening of the 2011 Internationa Experience Canada program will be posted on this page this fall.

We thank you for your interest in Canada.


Categories
Young Professionals: This category is designed for Spanish young citizens who wish to obtain additional training in the other country under a pre-arranged contract of employment in order to contribute to their professional development (maximum 12 months).

Internship / On-the-Job Training: This category is designed for Spanish registered students of a postsecondary educational institution or training centre who wish to complete part of their academic training through a pre-arranged internship in Canada, including under inter-institution agreements (maximum 12 months).

Student Summer Job: This category is designed for Spanish registered students of a postsecondary educational institution or training centre institution who plan to travel to Canada during academic vacations and who wish to work on a casual basis in order to increase their financial resources (maximum 3 months).

Working-Holiday (WHP): This category is designed for Spanish youth wishing to go to Canada for tourism and cultural discovery purposes, while being authorised to work on a casual basis in order to increase their financial resources or to do volunteer work (maximum 12 months).

More information available here: http://www.international.gc.ca/canada-europa/france/jeunesse-youth/faq-en.asp

 

[AllisonVSC]

Great idea, Siouxie!

 

[chelley]

maybe i missed something (or maybe someone already mentioned it) but you can't just "go with him as a dependant" if he has an existing PR application in progress... if he wanted to declare you as a spouse with that application, he would have to notify CIC and have you added, then it would take the additonal time of processing the spousal part of the application (which could be months/years depending on the processing office, VO ect)..

if he decides to not mention you on this application and then puts in a spousal application after he immigrates, be careful... if you are successful in convincing them that your conjugal relationship is a valid one, you may be drawing out a "lie" in his original application that he didn't have a "spouse", which, could get his PR status revoked and have him removed from Canada... i'd say it's a dangerous ground to be treading...

if he's coming to canada in a few months and your intention is to be with him, you may want to reconsider the marriage option after he has moved... while being successful in conjugal with the info you've provided is slim, if they deemed your relationship valid based on your facts, it could create much bigger problems...

good luck

 

[canindian]

I agree with Chelley. If the information changes quickly on the visa request they may review the original request.

My partner and I have a conjugal partner request inthe works. The file was transfered to New Delhi Aug 18th. He is in India and I am in Canada. His previous visa requests were refused, even for a tourist visa. So he has never been over to Canada. And I am unable to move to India as under my divorce agreement and I can't take my daughter out of Canada without her dad's agreement and to be honest I don't want her to be away from him. That is not in her best interest. We have been together for over 2 years and hope that that the conjugal visa will be approved. We have put together a very detailed application, we think. We have been told that the conjugal visa is hard to get approved and hope that the officers are reasonable enough to concede that it is not in the best interest of the family to run off and get married to satify a spousal visa and then tell a child that they have a new step-parent that they have never met. We are in it for the long haul and are not trying out the arrangment...

So let's see what happens! It is nice to see others looking at this category as it is hard to get info on others experiences with the process.

 

[atuimi]

Thank you all for your replies

tgchi13, Im not trying to test my relationship.

You right!!Immigration is not set up to test relationships. Thanks God!Immigration does much more than that

Siouxie, I read about this program yesterday night. It seems it could be a good option for me

Chelley, he did not mention me in his process. The idea was once he have the PR in his hand start to work on my documents. We have been told he can sponsor me but now it seems we don't qualify as a conjugal partner

He has an agency that is taking care about his PR and they said it's gonna take 2-3 months more.
I'm just thinking to get a tourist visa and visit him for some time. From december to whenever.... and then go back to my country, Spain, and apply for the work holiday permit. It seems this is gonna be the best option

Thanks everyone for reading my post and giving me some info!!! I really appreciate it!!!

Canindian, good luck with the process!!! I hope you guys can be together soon Namaste!

 

[BeShoo]

If you've treated your relationship in every way like a married relationship and you've been doing that for at least one year, you may qualify as conjugal partners. That means that you've behaved in every way as married spouses would behave (except for the living together part) and you've presented yourselves to members of the community and your families as being in a marriage-like relationship.

If you are in such a relationship and have been since he applied for PR, he had better not have listed himself as single in his PR application. If he was in a conjugal partnership and he listed himself as single, he can never sponsor you as a "family member" (spouse or partner) at any time now or in the future.

 

[atuimi]

hey beshoo!!!
Yes, we did all that. I had a vacation in June and I went to Spain to see my family.
He was in India and he applied for a tourist visa and he traveled to Europe and I introduced him to my family.
I have met some of his friends in USA but I havent met his family in person yet. (just skype)

He have submitted all the documents to the agency. There is just one more paper remaining to close the file, he is waiting a Police Clearance from Florida. He expects to receive it at the end of this week.

This is the last document and then the agency will submit the papers so maybe he can still change his status and mention me!!!! He is going to talk with the agency tomorrow. We are gonna give it a try!! Crossing fingers Let's see what the agency recomends us Thank you so muchhhh!!

 

[bobshynoswife]

And I am unable to move to India as under my divorce agreement and I can't take my daughter out of Canada without her dad's agreement and to be honest I don't want her to be away from him. That is not in her best interest. We have been together for over 2 years and hope that that the conjugal visa will be approved. We have put together a very detailed application, we think. We have been told that the conjugal visa is hard to get approved and hope that the officers are reasonable enough to concede that it is not in the best interest of the family to run off and get married to satify a spousal visa and then tell a child that they have a new step-parent that they have never met. We are in it for the long haul and are not trying out the arrangment...

What's the difference then? I was in a similar situation. Kids here, couldn't move to Nigeria. We are in it for the long haul too, and I did go off to Nigeria to marry a man my children have never met in person (only skype). It wasn't ideal, but we want to be together for the rest of our lives, and would not have risked a conjugal application. His app was approved in record time, and he lands on Thursday! We told the kids I was having a 'legal wedding' in Nigeria, and we have planned a renewal of vows and vows between him and the kids in October with all my friends and family. The kids didn't feel like they missed out on the Nigeria wedding, and I know he is immigrating here the absolute fastest way possible. i just want my family together!

I wish you the best of luck, and hope that the IOs see things your way too.

 

[tgchi13]

What's the difference then? I was in a similar situation. Kids here, couldn't move to Nigeria. We are in it for the long haul too, and I did go off to Nigeria to marry a man my children have never met in person (only skype). It wasn't ideal, but we want to be together for the rest of our lives, and would not have risked a conjugal application. His app was approved in record time, and he lands on Thursday! We told the kids I was having a 'legal wedding' in Nigeria, and we have planned a renewal of vows and vows between him and the kids in October with all my friends and family. The kids didn't feel like they missed out on the Nigeria wedding, and I know he is immigrating here the absolute fastest way possible. i just want my family together!

I wish you the best of luck, and hope that the IOs see things your way too.

THURSDAY?! Congratulations to you both!!!