Hi I'm looking to apply for a pr to Canada with my partner that is a PR of Canada. Full disclosure to get the best advice. We met in May of 23. I've spent every weekend in canada with him since. Many weekends were paid airbnbs. Starting Oct 23 I moved into his home and stayed when work allowed. In Dec 23 we signed a lease and got our own apartment. I live in WA state. I have work and children in wa state. I have a divorce that hasn't been finalized yet so we are unable to marry. I've spent every day possible in canada but I've had to leave for work and my kids school. I bring my kids every weekend I have them. In December 23 I stayed for 3 weeks. I have proof of messages on whatsapp. I can have letters from my friends and family. We fly together to see his family this April. What are my chances? I only intend to apply for a pr for myself initially.
Conjugal pr or common law
- Thread starter Dvin
- Start date
You are not conjugal. Conjugal is that you have no immigration barriers and cannot be together. You spend every weekend together. If common law or married, partner can sponsor you. Or you are eligible for PR on your own.
A conjugal partnership is a relationship between two people who are in a marriage-like relationship but are not married and cannot live together due to circumstances beyond their control.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-conjugal.html
I guess the question is. Does this mean leaving my young children for 1 year. I have a visitor visa. Leave my job ....and I'm currently separated but legally married in the US. None of that matters? It's not a barrier? It doesn't qualify for conjugal? Would we qualify for common law?
Read through the link. 1. You have not even been together for a year. 2. To prove conjugal you need to show from when you were conjugal and how you prove that (the link tells you - leases, bank accounts, insurance policies). It cannot be from May 2023 when you first met. 3. You need to show the immigration barrier. You can get divorced in the US. Leaving a job is not a barrier to IRCC.
Common law is one year of living together continuously with proof - lease, utilities, bank account etc.
Unfortunately...that's exactly what it means.
You will only qualify as common-law partners if you can cohabit together continuously (anywhere) for 365 days or more. Having a signed lease together doesn't do anything, since you are NOT living with him, right?
Further, when you say that: "I only intend to apply for a pr for myself initially.", which program will you be applying under? What about your children? They cannot `move' to Canada unless they also obtain proper status to live in Canada.
Finalize your divorce, get married, and be sponsored as married. You won't be able to qualify as common law by spending a few or even several days a week together. Also, it will have to be one year from the time you begin to reside fulltime together.
Get your divorce done, marry, and you'll be good to go.
If you want the children to become Canadian PRs, include them as accompanying dependents. (Once married, see my above).\
There is no relative advantage to not including the children as unaccompanying UNLESS the other parent won't give permission.
Last edited: