I would like to ask, me and my GF wants to apply for Conjugal Sponsorship, she landed PR in Canada this year, it is possible to send our application now or it is too early, we have a joint account and we purchased a condominium under our names about 6 months ago. our relationship is 5 years already.
Conjugal sponsorship same sex
- Thread starter sam1117
- Start date
What is your legal barrier to getting married or living together 12 months to become common-law?
We are both Filipinos, same sex which is not legal to get married. In addition, I was rejected in when I applied for a tourist visa.
Is there a third country that you can both travel to in order to get married, such as the USA?
In this case you probably have a good chance at conjugal, assuming you haven't lived together in Philippines at the same address for any 1-year period in the past.
You can send the application immediately, but make sure you have sufficient proof of a true conjugal relationship. Read this manual under the conjugal sections:
https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/op/op02-eng.pdf
5.25. Characteristics of conjugal relationships
5.26. Assessment of conjugal relationships
5.45. What is a conjugal partner?
5.47. Assessment of conjugal partner relationships
We work in middle east together, that was the time our relationship started, we have the same accommodation but with different flats/rooms.
You should note that once a visa officer sees a common address for both of you for more than a 1-year time, this could create complications. They may try to claim you were already common-law, and should have been declared on your partners own PR app.
When you fill in the app, make sure you put the address clearly to show different unit or room numbers. You may also want to include more explanation that it was shared accommodation for work but you weren't able to share the same room to really "live" together, so were not common-law.
If you lived together anywhere in the world for 1 year, that would qualify you as common-law. However it would need to be at an identical address (not 2 different unit numbers of same appartment).
I read this...
Items that can be used as proof of a common-law relationship include:
- shared ownership of residential property
- joint leases or rental agreements
- bills for shared utility accounts, such as:
- gas
- electricity
- telephone
- joint utility accounts
The point is that you do not want to show that you've established common law at any time before your GF landed in Canada.
If that was the case (which it appears not to be) then she would have had to have declared you as a common law partner on her own application. Failure to have done so if you were common law would be grounds to exclude her from ever sponsoring you, and could even lead to the charge of misrepresentation on her own application.
This is not the case though, because from everything you have said here you are not common law. However, because you will be filling in background information that includes addresses, you will have to write a letter of explanation, or provide information that shows that when you lived in the same building, you were not, in fact, living together as a couple. You will have to explain to the officer that this was shared accommodation based on employment but that you had separate living areas. You would be providing this to show that you are NOT common law because of what I mentioned in the paragraph above, and what others have also said in this thread.
Now that your GF is a PR, you could still become common law by living together anywhere in the world as a couple for at least 12 months. So, theoretically, she could live together with you for a year in which you become common law, return to Canada, and sponsor you. She would have to be mindful that she is able to meet the Residency Obligation of 730 days in a rolling 5-year period to be able to maintain her PR status, but that's one of the paths you could take.
The other, less time-consuming, more straight-forward, and more obvious path is that your GF sponsors you as a conjugal partner.
If that was the case (which it appears not to be) then she would have had to have declared you as a common law partner on her own application. Failure to have done so if you were common law would be grounds to exclude her from ever sponsoring you, and could even lead to the charge of misrepresentation on her own application.
This is not the case though, because from everything you have said here you are not common law. However, because you will be filling in background information that includes addresses, you will have to write a letter of explanation, or provide information that shows that when you lived in the same building, you were not, in fact, living together as a couple. You will have to explain to the officer that this was shared accommodation based on employment but that you had separate living areas. You would be providing this to show that you are NOT common law because of what I mentioned in the paragraph above, and what others have also said in this thread.
Now that your GF is a PR, you could still become common law by living together anywhere in the world as a couple for at least 12 months. So, theoretically, she could live together with you for a year in which you become common law, return to Canada, and sponsor you. She would have to be mindful that she is able to meet the Residency Obligation of 730 days in a rolling 5-year period to be able to maintain her PR status, but that's one of the paths you could take.
The other, less time-consuming, more straight-forward, and more obvious path is that your GF sponsors you as a conjugal partner.
Yes, it should be fine to submit, but for anything that is required on the checklist that you cannot provide (such as Canadian tax returns) you must provide a letter stating why you weren't able to include it.