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Conjugal Sponsorship 2019

Jaybee43

Hero Member
Feb 28, 2019
440
90
Isnt it good enough reason to say that divorce is not allowed in the Philippines and if I chose to live with my partner for an extended period of time like for a year I can face criminal charges because that would mean they would want me t take such risks?

i am assuming CIC doesnt require that applicant file for annulment?
CIC could deny the application saying that the
Isnt it good enough reason to say that divorce is not allowed in the Philippines and if I chose to live with my partner for an extended period of time like for a year I can face criminal charges because that would mean they would want me t take such risks?

i am assuming CIC doesnt require that applicant file for annulment?
Cic could deny the application if the married parties didnt try to get annulment(s)
 

dungski

Full Member
Dec 21, 2019
40
6
No, you can’t as there’s no immigration barrier on your case and the applicant should be outside canada.
Thanks for your reply. So does this mean that you can request for extension twice to be able to meet the 365 days requirement and apply for common law instead?
 

dungski

Full Member
Dec 21, 2019
40
6
Isnt it good enough reason to say that divorce is not allowed in the Philippines and if I chose to live with my partner for an extended period of time like for a year I can face criminal charges because that would mean they would want me t take such risks?

i am assuming CIC doesnt require that applicant file for annulment?
have you tried applying for a TRV? this will answer the requirement for immigration barrier whatever the result will be...

if he gets a TRV, then he can stay with you in Canada to establish the 365 days requirement as common law partners. else, then only you can apply for conjugal partner sponsorship.

this is my basic understanding of the requirements for common-law/conjugal sponsorships.
 
Dec 22, 2019
5
0
have you tried applying for a TRV? this will answer the requirement for immigration barrier whatever the result will be...

if he gets a TRV, then he can stay with you in Canada to establish the 365 days requirement as common law partners. else, then only you can apply for conjugal partner sponsorship.

this is my basic understanding of the requirements for common-law/conjugal sponsorships.
Thanks for the reply. But i guess when couple were able to live together continuously for 12 months they are already considered common law.
 

chris504

Star Member
Jan 11, 2020
71
14
Hey all!
I just received notice that my application was recieved Dec, 18 2019 and today they asked me to pay biometric fees

I am applying under conjugal class stating we are not interested in marrying and that the immigration barriers are that he could not get a visa to come here as he is a campesino with no “ties” to his country and that due to the risks of settling in his country with my child we are unable and will be unable to qualify for common law.
I realize this sounds complicated, I have a little experience with immigration and family sponsorship and hope to be successful.

what are your thoughts?
 

chris504

Star Member
Jan 11, 2020
71
14
Make sure in your application you dont mention "we are not interested in marrying"

Although the intention of the conjugal partner category is to accommodate Canadians and permanent residents with foreign partners who can neither marry nor live together, the inability to marry cannot be an absolute requirement, since this could have the effect of “forcing” those couples to marry who may have chosen not to. Persons who have established and maintained a conjugal relationship for one year and who do not intend to marry might be conjugal partners if they have been unable to cohabit because of an immigration impediment or other serious barrier.

I probably took the words right from this and sai we have chosen not to marry.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12

Although the intention of the conjugal partner category is to accommodate Canadians and permanent residents with foreign partners who can neither marry nor live together, the inability to marry cannot be an absolute requirement, since this could have the effect of “forcing” those couples to marry who may have chosen not to. Persons who have established and maintained a conjugal relationship for one year and who do not intend to marry might be conjugal partners if they have been unable to cohabit because of an immigration impediment or other serious barrier.

I probably took the words right from this and sai we have chosen not to marry.
IRCC gives the option of becoming common-law if you choose not to marry. Conjugal is not an alternative to choosing to do neither.

It also appears from previous posts that he hasn't even tried to apply for a TRV, meaning there is no proven immigration barrier to him coming here. You will likely be refused.
 

chris504

Star Member
Jan 11, 2020
71
14
IRCC gives the option of becoming common-law if you choose not to marry. Conjugal is not an alternative to choosing to do neither.

It also appears from previous posts that he hasn't even tried to apply for a TRV, meaning there is no proven immigration barrier to him coming here. You will likely be refused.
while the eligibility requirements for a conjugal sponsorship does list “immigration barriers” it doesn’t seem to be limited to that as it states “or other serious barrier” maybe I will apply for the TVR ( although that is not an eligibility requirement ) it will 100% be denied.
 
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canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
while the eligibility requirements for a conjugal sponsorship does list “immigration barriers” it doesn’t seem to be limited to that as it states “or other serious barrier” maybe I will apply for the TVR ( although that is not an eligibility requirement ) it will 100% be denied.
As of right now, you have no immigration barrier because he has not tried to get a TRV. You have no proof besides your own opinion of his chances that he cannot come to Canada. That alone will likely cause refusal.
 

chris504

Star Member
Jan 11, 2020
71
14
As of right now, you have no immigration barrier because he has not tried to get a TRV. You have no proof besides your own opinion of his chances that he cannot come to Canada. That alone will likely cause refusal.
But it does read like you specifically even need to have an immigration barrier. It looks like that can be an example of a ”serious barrier.”
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
But it does read like you specifically even need to have an immigration barrier. It looks like that can be an example of a ”serious barrier.”
You have not proven a barrier to him coming to Canada to become common-law.
 

Jaybee43

Hero Member
Feb 28, 2019
440
90
Awwww. I understand, I will have to apply now, after the fact.
Also as canuck stated earlier you guys should have net in person a few times before submitting the application. Having met online and only met in person once will greatly reduce the approval chances of conjugal sponsorship. You should plan to meet in person several times before submitting your application.