Conjugal Sponsorship outland - Undeclared dependents and/or partner

[Ponga]

Yes.

He committed misrepresentation and...his mother did as well.

If this is true, he will never be able to sponsor you. Even if you get married.

 

[canuck_in_uk]

A few things on this thread to clarify.

The most important is that the "Conjugal class" exists solely for spousal sponsorship. No other immigration stream (with the exception of some specific refugee situations) recognizes conjugal. People such as OP's partner, who was included as a dependent in a parent sponsorship app, are not required to declare their conjugal partners; they must only declare common-law or married spouses. OP's partner was not required to declare his conjugal partner, so there is no issue with that.

OP is married in the Philippines and adultery is still considered a criminal offence in that country, so legally, they are not allowed to cohabit

 

[Ponga]

A few things on this thread to clarify.

The most important is that the "Conjugal class" exists solely for spousal sponsorship. No other immigration stream (with the exception of some specific refugee situations) recognizes conjugal. People such as OP's partner, who was included as a dependent in a parent sponsorship app, are not required to declare their conjugal partners; they must only declare common-law or married spouses. OP's partner was not required to declare his conjugal partner, so there is no issue with that.

OP is married in the Philippines and adultery is still considered a criminal offence in that country, so legally, they are not allowed to cohabit

But...if they were in fact in a conjugal relationship and had been for at least one year when her partner landed...is that not misrepresentation?

Why are conjugal partners exempt from this?

*edit*

Never mind. I found this in OP 2:

People who are dating or who are thinking about marrying or living together and establishing a common-law relationship are NOT yet in a conjugal relationship, nor are people who want to live together to “try out” their relationship.

 

[canuck_in_uk]

In my partner's application forms, he declared our child and not my 2 kids. He passed Sponsorship Eligibility so we're kinda assuming everything is ok in his side, but still wondering on my side...

My questions now:
1. Can/should my partner update his family background in our app - acknowledging my 2 other kids? How can we do so?
2. Could this probably result in the delay of our app? I was wondering if we should act now before they even ask for additional documents.
3. I have sent my own 5-page, notarized Affidavit explaining each and every situation there is to ask, from my previous relationship to present, including the illegitimacy of my youngest child... SHOULD THIS BE ENOUGH?
4. How can he declare our child in all his data in Canada??

I don't quite understand your questions. Your 2 older children are required to be included in the application with you, be listed on all of the applicable sponsor and applicant forms and undergo medicals. You must show that you have complete and total custody of them so they can immigrate to Canada. You will most certainly face delays if you haven't done this.

As for your husband declaring the youngest child "in all his data in Canada", I have no idea what you mean by that.

 

[scylla]

A few things on this thread to clarify.

The most important is that the "Conjugal class" exists solely for spousal sponsorship. No other immigration stream (with the exception of some specific refugee situations) recognizes conjugal. People such as OP's partner, who was included as a dependent in a parent sponsorship app, are not required to declare their conjugal partners; they must only declare common-law or married spouses. OP's partner was not required to declare his conjugal partner, so there is no issue with that.

OP is married in the Philippines and adultery is still considered a criminal offence in that country, so legally, they are not allowed to cohabit

I agree with the above. Conjugal has very limited application.

For example, if someone is in a conjugal relationship while applying for PR under Express Entry, they cannot include their conjugal partner in the application (only common law partners or partners they are married to can be included). Once they land and become a PR, they can then sponsor their conjugal partner without this being misrepresentation or any other kind of issue.

I think the only challenge OP may face is proving they fit the conjugal definition since technically there's nothing stopping her partner from remaining in the Philippines to become common law.

 

[Queeen.14]

I think the only challenge OP may face is proving they fit the conjugal definition since technically there's nothing stopping her partner from remaining in the Philippines to become common law.

So, are you saying he should've stayed longer last month to prove we are fit for conjugal sponsorship? It was his first visit since he left for CA and our app was already filed by then...

I also remember one thing. When I was trying to answer his forms electronically, we both did not habe "CONJUGAL PARTNERS" in the selection, so he either chose Single/Common law...

 

[Ponga]

As for your husband declaring the youngest child "in all his data in Canada", I have no idea what you mean by that.

Since he is the father, he must have included the child as non-accompanying in his own PR.

If he did, he would have also submitted a medical for the child.

If he did not...what happens now?!

 

[canuck_in_uk]

I think the only challenge OP may face is proving they fit the conjugal definition since technically there's nothing stopping her partner from remaining in the Philippines to become common law.

Shouldn't be an issue because OP is still married to someone else in the Philippines where adultery is a criminal offence, so there is a definite legal barrier to living together there.

 

[Queeen.14]

Since he is the father, he must have included the child as non-accompanying in his own PR.

If he did, he would have also submitted a medical for the child.

If he did not...what happens now?!

Our baby was born a month after he arrived in CA...

 

[Queeen.14]

So, are you saying he should've stayed longer last month to prove we are fit for conjugal sponsorship? It was his first visit since he left for CA and our app was already filed by then...

I also remember one thing. When I was trying to answer his forms electronically, we both did not habe "CONJUGAL PARTNERS" in the selection, so he either chose Single/Common law...

Sorry, I meant 'there was no "Conjugal Relp/Partners" in the marital status selection...

 

[canuck_in_uk]

Honestly, OP's situation is not typical, so if you are not someone who has advised on such a situation before, respectfully, it would be better if you stop posting. It will simply confuse OP and pertinent posts will be lost in the forest.

 

[Queeen.14]

Shouldn't be an issue because OP is still married to someone else in the Philippines where adultery is a criminal offence, so there is a definite legal barrier to living together there.

I have really high hopes on this

 

[scylla]

Shouldn't be an issue because OP is still married to someone else in the Philippines where adultery is a criminal offence, so there is a definite legal barrier to living together there.

I didn't know the adultery bit - that makes sense.

 

[scylla]

Since he is the father, he must have included the child as non-accompanying in his own PR.

If he did, he would have also submitted a medical for the child.

If he did not...what happens now?!

Check the OP's first post. Baby was born after the father landed and became a PR. There's no issue.

 

[canuck_in_uk]

OP, please see my post on the previous page http://www.canadavisa.com/canada-immigration-discussion-board/conjugal-sponsorship-outland-undeclared-dependents-andor-partner-t461835.0.html;msg5588021#msg5588021.