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Conjugal sponsorship or common law partner?

Cez1004

Newbie
Nov 29, 2013
2
0
Hello i need some help! I have a canadian boyfriend and he still married but they were separated for 4 years now. Our relationship as bf/gf were almost 3 years. He always visit me in the phlippines every year and stayed here 3 months since 2011 and next year he plan to stay with me in my place for six months. We bought a motorcycle last year with both our names on the registration paper. We traveled in palawan 2011 and i still have the copy of the reservation of the hotel and the copy of our plane ticket. My question is could it be possible for him to sponsor me under the common law partner or conjugal partner even though he didnt stay with me for a straight 1 year? We still have our letters using our emails, we have lots of pictures together with my family since 2011. is it enough to show that our relaionship is genuine and our love is true? He needs to go back in canada to work for six months and bak again here with me for six months thats our plan till we find the solution in our problem how he can bring me with him. I hope someone will advice and help me with tis matter thank you and god bless
 

Catou

Hero Member
Jun 9, 2013
284
6
Category........
Visa Office......
Sydney, Australia
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VISA ISSUED...
22-11-2013
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You don't qualify as a common-law relationship (to do so you must live together for at least twelve months) but you could probably apply as a conjugal relationship. Unfortunately, it can be very hard to prove a genuine conjugal relationship. You would need to prove that there is absolutely no way you can live together and become a common-law couple. This could be difficult to do.

This section on the CIC website is worth reading: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#conjugal

I realise he cannot marry you yet. Is he planning on getting a divorce and on marrying you? if so, this would be the best way to go.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
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VISA ISSUED...
30-10-2012
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16-11-2012
Cez1004 said:
is it enough to show that our relaionship is genuine and our love is true?
No, that is not enough. In order to apply as conjugal you need to prove that it is legally impossible for you 2 to get married, or to live for 12-months continuous to get common-law status.

First question to ask is, why doesn't he just get a divorce so you can get married?
 

scylla

VIP Member
Jun 8, 2010
93,080
20,601
Toronto
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Buffalo
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App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Rob_TO said:
First question to ask is, why doesn't he just get a divorce so you can get married?
Because the marriage was performed in the Philippines. It's practically impossible to get a divorce or annulment there.
 

Catou

Hero Member
Jun 9, 2013
284
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Very soon.
scylla said:
Because the marriage was performed in the Philippines. It's practically impossible to get a divorce or annulment there.
The OP said her boyfriend is Canadian though. The Philippines recognises divorces if they are instigated by a spouse that is a foreign citizen. He can go through the divorce in Canada, if he is a citizen and/or meets the residency requirements. A divorce in Canada would leave him legally able to marry again, in Canada. I don't think its possible to remarry in the Philippines without an annulment, but I could be wrong.

A friend went through this (not in Canada, in Australia) and used her Australian divorce to get an annulment so she could remarry in the Philippines. I'm only assuming that the Philippines would accept a Canadian divorce the same way they accept an Australian divorce though.
 

Cez1004

Newbie
Nov 29, 2013
2
0
Thanks catou... Yes he already did it but the wife didnt sign the divorce paper so it will takes times to get it for sure. She wants the husbands money. I mean everything. We knew that even the wife dont sign the divorce paper my bf can bring the case in court but were are not sure how long... Thats why were looking for the best solution in our problem. How can i be with him or maybe he will stay 6 months every year here in the philippines until his wife realize to sign the papers.. Thats sad... I really want to be with my bf.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Cez1004 said:
Thanks catou... Yes he already did it but the wife didnt sign the divorce paper so it will takes times to get it for sure. She wants the husbands money. I mean everything. We knew that even the wife dont sign the divorce paper my bf can bring the case in court but were are not sure how long... Thats why were looking for the best solution in our problem. How can i be with him or maybe he will stay 6 months every year here in the philippines until his wife realize to sign the papers.. Thats sad... I really want to be with my bf.
If the only thing preventing the divorce is the ex-wife not signing the papers, then you won't qualify for conjugal.

You need to wait for divorce and then get married, or find some way to live together 12 consecutive months, before you can apply for PR.