Conjugal Relationship Eligibility/Discussion

[MDEVGAN]

Hello,

I have been legally separated from my spouse for past 2 years and my divorce case is going in court in a city of Ontario. I have been in a genuine conjugal relationship with my partner who resides in India for the past 1 year. I have applied for her TRV but that got rejected. Do you know if I qualify to apply for Conjugal relationship as my current marital status does not allow me to marry her and sponsor her as a spouse. My divorce case might be a little lengthy and can take a few more years. My relationship with my partner is genuine who lives at my home back in India with both of us fully dependent on each other in a marriage like relationship.

I am a Canadian Citizen.

Appreciate your diligent response on this one.

 

[Naturgrl]

Hello,

I have been legally separated from my spouse for past 2 years and my divorce case is going in court in a city of Ontario. I have been in a genuine conjugal relationship with my partner who resides in India for the past 1 year. I have applied for her TRV but that got rejected. Do you know if I qualify to apply for Conjugal relationship as my current marital status does not allow me to marry her and sponsor her as a spouse. My divorce case might be a little lengthy and can take a few more years. My relationship with my partner is genuine who lives at my home back in India with both of us fully dependent on each other in a marriage like relationship.

I am a Canadian Citizen.

Appreciate your diligent response on this one.

Here is the link to the IRCC site.


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

Applicant or sponsor legally married to another person
Persons who are married to third parties may be considered conjugal partners provided their marriage has broken down and they have lived separate and apart from their spouse for at least one year, during which time they must have cohabited in a conjugal relationship with their current partner. Cohabitation with a common-law partner can only be considered to have started once a physical separation from the spouse has occurred. A conjugal relationship cannot be legally established if one or both parties continue to maintain an intimate relationship with a person to whom they remain legally married.

 

[MDEVGAN]

Here is the link to the IRCC site.


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

Applicant or sponsor legally married to another person
Persons who are married to third parties may be considered conjugal partners provided their marriage has broken down and they have lived separate and apart from their spouse for at least one year, during which time they must have cohabited in a conjugal relationship with their current partner. Cohabitation with a common-law partner can only be considered to have started once a physical separation from the spouse has occurred. A conjugal relationship cannot be legally established if one or both parties continue to maintain an intimate relationship with a person to whom they remain legally married.

Thank You Naturgrl. Yes I dis read it before and dis my research before getting into the Conjugal Relationship. By this definition I believe I DO QUALIFY to apply my partner's sponsorship as a Conjugal Partner.

 

[armoured]

Thank You Naturgrl. Yes I dis read it before and dis my research before getting into the Conjugal Relationship. By this definition I believe I DO QUALIFY to apply my partner's sponsorship as a Conjugal Partner.

Overall I would read it that way as well, assuming you meet the other tests such as having spent time physically together, cohabitating (presumably short of 12 months to meet common law test). How long has your relationship with your current partner been ongoing?

Some will argue that you could move there and become common law but I don't believe IRCC 'enforces' that interpretation (opinion only) in most cases.

THAT SAID - and an important caveat: I believe IRCC gives quite a bit more scrutiny to conjugal cases, and - for example - would prefer you simply complete your divorce. (Do you have an idea of how long that might be?). The point being, it's not entirely clear that applying conjugal will be substantially faster in your case. I suppose, however, you could apply now and if you succeed in gettung married before file complete, update IRCC.

 

[Naturgrl]

Thank You Naturgrl. Yes I dis read it before and dis my research before getting into the Conjugal Relationship. By this definition I believe I DO QUALIFY to apply my partner's sponsorship as a Conjugal Partner.

If you have co-habitated with your partner for at least one year then yes. Remember that conjugal May take a lot longer to process than spousal. If refused then you will have to get married, once divorced, and start the process again.

 

[armoured]

If you have co-habitated with your partner for at least one year then yes.

To clarify: if they have cohabitated for one year or more, then they qualify as common law (even if not yet divorced, at least as far as I have understood).

The 'cohabitated [less than one year]" is, I believe, to make sure that applicants have physically met - if they have not (e.g. purely online), then they would not qualify as conjugal either.

[Happy to be corrected if I've misstated anything]

 

[Naturgrl]

To clarify: if they have cohabitated for one year or more, then they qualify as common law (even if not yet divorced, at least as far as I have understood).

The 'cohabitated [less than one year]" is, I believe, to make sure that applicants have physically met - if they have not (e.g. purely online), then they would not qualify as conjugal either.

[Happy to be corrected if I've misstated anything]

You are correct. The wording is open. I do believe that conjugal will take longer than 12 months processing. OP has to show that the have a conjugal relationship - finances, home, properties, friends etc.

 

[armoured]

Remember that conjugal May take a lot longer to process than spousal.

I want to re-emphasize this point, that conjugal is intended for cases where there is a legal 'barrier' to marriage or common-law - not just an 'inconvenience.'

How IRCC would approach this particular case is uncertain - I would perfectly understand if an examining officer decided/said that there is actually no barrier to divorce and subsequent marriage, it is just going to take some time, and so ... just wait and apply when married.

Now, an applicant could challenge that decision - but that would take extra time too and possibly not be worth it. Note, too, that it could take much longer and then end in a refusal (no way to know), so it's not a guarantee that it will be quicker to apply now as cofjugal.

 

[MDEVGAN]

I want to re-emphasize this point, that conjugal is intended for cases where there is a legal 'barrier' to marriage or common-law - not just an 'inconvenience.'

How IRCC would approach this particular case is uncertain - I would perfectly understand if an examining officer decided/said that there is actually no barrier to divorce and subsequent marriage, it is just going to take some time, and so ... just wait and apply when married.

Now, an applicant could challenge that decision - but that would take extra time too and possibly not be worth it. Note, too, that it could take much longer and then end in a refusal (no way to know), so it's not a guarantee that it will be quicker to apply now as cofjugal.

Hey Armoured,

Divorce will probably take about 2 more years. My conjugal partner has been with me for 8 months. Living with my parents at my home in India for 8 months. We are in a marriage like relationship and I have visited her 3 times in past 8 months for a few weeks everytime. We definitely are in a conjugal relationship but yes with my legally separated status and divorce being "imminent" they can make a point to wait till divorce is done. I cant go there and live for 12 months as I have a Full Time job and need that to pay Monthly Bills and my current divorce is costly too!!!!

Putting all this in perspective and having my loved one with me I wanted to sponsor her as conjugal once we finish 12 months!

You are correct divorce in my case would be delayed but not impossible.

I wish there is a way!!!! Just wishing.

 

[scylla]

Hey Armoured,

Divorce will probably take about 2 more years. My conjugal partner has been with me for 8 months. Living with my parents at my home in India for 8 months. We are in a marriage like relationship and I have visited her 3 times in past 8 months for a few weeks everytime. We definitely are in a conjugal relationship but yes with my legally separated status and divorce being "imminent" they can make a point to wait till divorce is done. I cant go there and live for 12 months as I have a Full Time job and need that to pay Monthly Bills and my current divorce is costly too!!!!

Putting all this in perspective and having my loved one with me I wanted to sponsor her as conjugal once we finish 12 months!

I wish there is a way!!!! Just wishing.

Think about what evidence you have to prove a "marriage like relationship". That will be critical to supporting your application. So you want to show things like joint assets, joint property, joint bank accounts, etc. It's good she is living your parents but also think about what other evidence you will show.

 

[MDEVGAN]

Think about what evidence you have to prove a "marriage like relationship". That will be critical to supporting your application. So you want to show things like joint assets, joint property, joint bank accounts, etc. It's good she is living your parents but also think about what other evidence you will show.

Oh yes. We do have a joint account and I finance her every month for her monthly needs which is natural in a marriage like relationship. Also, I am paying for her tution in India for her to upgrade her academic credentials for her better future in Canada once she is here with me.

We are in a legitimate relationship as if husband is away in a different country and wife is in India, both putting in efforts to unite in Canada.

As stated by Armoured above with my divorce case going on officer can make a point to wait till divorce is finalized.

 

[armoured]

Divorce will probably take about 2 more years. My conjugal partner has been with me for 8 months.
... they can make a point to wait till divorce is done. ...

Putting all this in perspective and having my loved one with me I wanted to sponsor her as conjugal once we finish 12 months!

I do not have much to add beyond echoing eg what @scylla has said - prepare your file carefully and show what you can, basically - particularly since you have not yet been in the relationship for 12 mohths, as required, and you have the time now to look carefully at what is needed and get extra documentation and evidence.

(Note: you may want to wait a bit to apply as applying right at the 12 month stage is another small point causing extra scrutiny)

And while it may not be under your control, if there is any way to speed up your divorce proceedings (eg by mutual agreement), that's in your interests.

As for the position of IRCC - there may not be much that you can do apart from writing letters of explanation that the timeeline of the divorce is out of your control and therefore meets the confjugal tests. (Don't write it as lawyer-y as I just did)

 

[MDEVGAN]

I do not have much to add beyond echoing eg what @scylla has said - prepare your file carefully and show what you can, basically - particularly since you have not yet been in the relationship for 12 mohths, as required, and you have the time now to look carefully at what is needed and get extra documentation and evidence.

(Note: you may want to wait a bit to apply as applying right at the 12 month stage is another small point causing extra scrutiny)

And while it may not be under your control, if there is any way to speed up your divorce proceedings (eg by mutual agreement), that's in your interests.

As for the position of IRCC - there may not be much that you can do apart from writing letters of explanation that the timeeline of the divorce is out of your control and therefore meets the confjugal tests. (Don't write it as lawyer-y as I just did)

@armoured I think you are correct. I just talked to two Immigration Attornies and they are of the opinion that because I am legally able to divorce, conjugal sponsorship will in all certainties NOT work for me.

Officer will definitely say get the divorce marry her and then go from there. The attorney did say if she can come here and live with me, we can claim common law even when I am still going through divorce but legally separated from my legal spouse.

YOU WERE RIGHT. CONJUGAL wont work for me!!!!!!

Doesnt give me a good feeling but atleast I tried to explore the avenue.

Thanks @armoured @scylla

 

[scylla]

@armoured I think you are correct. I just talked to two Immigration Attornies and they are of the opinion that because I am legally able to divorce, conjugal sponsorship will in all certainties NOT work for me.

Officer will definitely say get the divorce marry her and then go from there. The attorney did say if she can come here and live with me, we can claim common law even when I am still going through divorce but legally separated from my legal spouse.

YOU WERE RIGHT. CONJUGAL wont work for me!!!!!!

Doesnt give me a good feeling but atleast I tried to explore the avenue.

Thanks @armoured @scylla

You can live together for a year and become common law while still married to someone else. 100% agree with that. Going through a divorce does not prevent you from becoming common law. Lots of people here have done that.

You have no immigration barriers to becoming common law. So that's potentially problematic for conjugal. Since your spouse lives in your home country, you can easily live there for a year together to become common law. IRCC may call this out as a reason for not meeting the requirements for conjugal.

 

[MDEVGAN]

You can live together for a year and become common law while still married to someone else. 100% agree with that. Going through a divorce does not prevent you from becoming common law. Lots of people here have done that.

You have no immigration barriers to becoming common law. So that's potentially problematic for conjugal. Since your spouse lives in your home country, you can easily live there for a year together to become common law. IRCC may call this out as a reason for not meeting the requirements for conjugal.

@scylla I agree. But its virtually impossible for me to live in India for 1 whole year. I own a house here. Mortgage monthly Bill's and moreover my Full Time job here. Cant leave that.