Conjugal Relationship

[JLL86]

Hello - My boyfriend (who is Canadian) and myself (American) have been in a relationship for 8 years, the past 5 of those years have been long distance. We went to college together and have been living apart since then, with a lot of visiting in between. We are finally ready to be together and live in the same country and since he farms up in Canada it will be me moving there. I have been looking at all the types of sponsorships that we would have to apply for in order for me to get Permanent Residence. I thought we qualified for conjugal partnership, but after going through these forums it seems that it is very difficult to prove. We have lived apart for so long because we weren't ready to live together financially or emotionally. He lives in a very small town of about 70 people and there are no jobs that I could get that would allow me to get a work visa. And I''ve already gone to school and gotten my bachelors degree so I wouldn't ned a school visa. So technically it is very difficult for us to live together for one year in the same place in order to be considered common-law. If anyone could help me out or has information about how I could either live there for one year under a different visa and be considered common law or has any other options/suggestions that would be extremely helpful. This process has not been a fun one! Thanks - J

 

[PMM]

Hi

Hello - My boyfriend (who is Canadian) and myself (American) have been in a relationship for 8 years, the past 5 of those years have been long distance. We went to college together and have been living apart since then, with a lot of visiting in between. We are finally ready to be together and live in the same country and since he farms up in Canada it will be me moving there. I have been looking at all the types of sponsorships that we would have to apply for in order for me to get Permanent Residence. I thought we qualified for conjugal partnership, but after going through these forums it seems that it is very difficult to prove. We have lived apart for so long because we weren't ready to live together financially or emotionally. He lives in a very small town of about 70 people and there are no jobs that I could get that would allow me to get a work visa. And I''ve already gone to school and gotten my bachelors degree so I wouldn't ned a school visa. So technically it is very difficult for us to live together for one year in the same place in order to be considered common-law. If anyone could help me out or has information about how I could either live there for one year under a different visa and be considered common law or has any other options/suggestions that would be extremely helpful. This process has not been a fun one! Thanks - J

Your only hope is marriage or live together for a year, with you having valid visitor status. Conjugal won't fly as there are no barriers to co-habitation or marriage.

 

[Rob_TO]

CIC does not accept personal reasons (like not being able to work) as reasons not to live together for 1 year or get married. To qualify for conjugal you need to show there is a legal or immigration barrier to you living together/getting married.

In your case you could go to the US as a visitor and extend your stay as a visitor to make 1 year total, or he could do the same in Canada, or you could split the time between Canada and the US. As long as the 1 year is continuous. Or you can get married.

 

[JLL86]

So I can stay in Canada and visit for up to 6 months without a visa? Or is there a specific visitor visa I would need to get. I understand I would not be able to work/go to school during this 6 months. And then once those 6 months are up I could apply to extend the visa for another 6 months?

Thanks for your help!

 

[Rob_TO]

So I can stay in Canada and visit for up to 6 months without a visa? Or is there a specific visitor visa I would need to get. I understand I would not be able to work/go to school during this 6 months. And then once those 6 months are up I could apply to extend the visa for another 6 months?

Thanks for your help!

Yes most US citizens get an automatic 6-month visitor status when first entering Canada (there is no special visa for US citizens), and when that's almost expired can apply to extend your status. Some people have gotten extensions of 1 year.

 

[Ponga]

So I can stay in Canada and visit for up to 6 months without a visa? Or is there a specific visitor visa I would need to get. I understand I would not be able to work/go to school during this 6 months. And then once those 6 months are up I could apply to extend the visa for another 6 months?

Thanks for your help!

You simply present yourself to a CBSA officer (either at a land border, or when you arrive at the airport) and see what they tell you. Based on how you answer the question :"What brings you to Canada?", or "How long do you plan to stay in Canada?", will determine how long of a stay you are granted.

If they do not stamp your passport with a date that you must leave by, then you are automatically granted the 180 day stay. You would then apply to extend your stay, after ~ 5 months, with the reason being that you and your partner are trying to establish the mandatory 1 year cohabiting requirement for Common-Law.

The vast majority of Americans are approved, but it's never a guarantee.

Good luck!

 

[JLL86]

Ok I just have more questions (sorry for rambling on I'm very new at this and want to make sure everything goes ok)

1. Will I be able to travel back to the US during this 6 month visit?
2. Do I put on my customs sheet that I plan to be there for 180 days and then see how it goes at the border?
3. If I'm denied access/access for that long - would that count as an immigration barrier because I can't stay that long? Or will I just have to go about entering a different way (marriage/going back to school if it comes to that).

Thanks again for all the help - it is VERY MUCH appreciated!!!

 

[Rob_TO]

Ok I just have more questions (sorry for rambling on I'm very new at this and want to make sure everything goes ok)

1. Will I be able to travel back to the US during this 6 month visit?
2. Do I put on my customs sheet that I plan to be there for 180 days and then see how it goes at the border?
3. If I'm denied access/access for that long - would that count as an immigration barrier because I can't stay that long? Or will I just have to go about entering a different way (marriage/going back to school if it comes to that).

Thanks again for all the help - it is VERY MUCH appreciated!!!

1. Yes, but each time you cross the border it's basically a new event and new situation, and the terms of you entering Canada each time is up to the CBSA officer you happen to get.
2. Yes you can do that. If flying, it's good to have a return ticket dated for 6 months or less later, and also to show you have funds that will last for your intended stay.
3. No that would not be an immigration barrier, as your boyfriend could still travel to US to live with you, or you can still get married.

 

[Leon]

CIC explains their definition of Conjugal partners here:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp under Definitions.

Conjugal partner

This category is for partners—either of the opposite sex or same sex—in situations beyond their control that keep them from living together so they would count as common-law partners or spouses.

A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship, and there is the same level of commitment as a marriage or a common-law partnership.

You may apply as a conjugal partner if:

* you have had a conjugal relationship with your sponsor for at least one year and you could not live together or marry because of
- an immigration barrier,
- your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
- your sexual orientation (for example, you are in a same-sex relationship and same-sex marriage is not permitted where you live) and
* you can prove there was a reason you could not live together (for example, you were refused long-term stays in each other’s country).

You should not apply as a conjugal partner if:

* you could have lived together but chose not to, as this shows that you did not have the level of commitment needed for a conjugal relationship (for example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together),
* you cannot prove there was a reason that kept you from living together,
* you are engaged to be married (in this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months).

So you see, you do not qualify to apply under conjugal. It is hard to prove and generally reserved for same sex relationships and special situations, for example where one half of the couple is already married but separated, divorce not allowed in their country and they can not qualify as common law because they have been refused a visit visa to Canada.

Not being able to work it not considered something that should stop you from living together in the eyes of immigration. Many couples sacrifice a double income by one of them picking up and staying for the other for a full year without working in order to qualify as common law. If you are not able to do this, then you could of course get married.