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Conjugal Sponsorship

Lynsita

Star Member
Feb 3, 2020
95
18
35
Habana
Here is our current mail:

A preliminary review of your file, based on the information and documentation you have submitted to date,
raises concerns that you may not meet the requirements for immigration to Canada.
Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be
selected as a member of the family class on the basis of their relationship as the spouse, common-law
partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Pursuant to section 2 of the regulations, a conjugal partner means, in relation to a sponsor, a foreign national
residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship
for a period of at least one year.

The conjugal partner category was created for exceptional circumstances – for foreign national partners of
Canadian or permanent resident sponsors who would ordinarily apply as common-law partners but for the
fact that they have not been able to live together continuously for one year, usually because of an
immigration impediment. If a Canadian and a foreign national can get married or can live together and
establish a common-law relationship, this is what they are expected to have done before they submit
sponsorship and immigration applications.

You have not sufficiently demonstrated that you meet the requirements of the conjugal partner immigration
category. While you have submitted some evidence to show that a relationship exists, there is insufficient
documentary evidence on file to show that you and your sponsor are unable to apply under the spousal or
common-law categories because of exceptional circumstances. You and your sponsor have not established
that there is an immigration barrier to cohabitation. Accordingly, it appears that you and your sponsor could
have cohabited and chose not to do so, which raises concerns about whether you and your sponsor have the
significant degree of commitment characteristic of a conjugal relationship.

Before a final decision is made on your application, I would like to offer you the opportunity.



Im the Sponsor
Medical done
Biometrics done
Now we got this letter application was sent to manila ofice.

Husband - refused visa 2x, still legally married (annulment still on process), 4 years with 2 kids (2 and 1)
was not able to be together for more than a year beacuse I have to give birth in Canada consecutively.
We applied for visa he was refused.

I would appreciate any help.
Hi,
I would like to know if you got refusal after medical done and passed and biometric done.
Thank you in advance
 

andrew3081

Hero Member
Apr 6, 2018
286
76
Here is our current mail:

A preliminary review of your file, based on the information and documentation you have submitted to date,
raises concerns that you may not meet the requirements for immigration to Canada.
Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be
selected as a member of the family class on the basis of their relationship as the spouse, common-law
partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Pursuant to section 2 of the regulations, a conjugal partner means, in relation to a sponsor, a foreign national
residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship
for a period of at least one year.

The conjugal partner category was created for exceptional circumstances – for foreign national partners of
Canadian or permanent resident sponsors who would ordinarily apply as common-law partners but for the
fact that they have not been able to live together continuously for one year, usually because of an
immigration impediment. If a Canadian and a foreign national can get married or can live together and
establish a common-law relationship, this is what they are expected to have done before they submit
sponsorship and immigration applications.

You have not sufficiently demonstrated that you meet the requirements of the conjugal partner immigration
category. While you have submitted some evidence to show that a relationship exists, there is insufficient
documentary evidence on file to show that you and your sponsor are unable to apply under the spousal or
common-law categories because of exceptional circumstances. You and your sponsor have not established
that there is an immigration barrier to cohabitation. Accordingly, it appears that you and your sponsor could
have cohabited and chose not to do so, which raises concerns about whether you and your sponsor have the
significant degree of commitment characteristic of a conjugal relationship.

Before a final decision is made on your application, I would like to offer you the opportunity.



Im the Sponsor
Medical done
Biometrics done
Now we got this letter application was sent to manila ofice.

Husband - refused visa 2x, still legally married (annulment still on process), 4 years with 2 kids (2 and 1)
was not able to be together for more than a year beacuse I have to give birth in Canada consecutively.
We applied for visa he was refused.

I would appreciate any help.
looks like cic want to see you do common law living in his country?
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Here is our current mail:

A preliminary review of your file, based on the information and documentation you have submitted to date,
raises concerns that you may not meet the requirements for immigration to Canada.
Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be
selected as a member of the family class on the basis of their relationship as the spouse, common-law
partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Pursuant to section 2 of the regulations, a conjugal partner means, in relation to a sponsor, a foreign national
residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship
for a period of at least one year.

The conjugal partner category was created for exceptional circumstances – for foreign national partners of
Canadian or permanent resident sponsors who would ordinarily apply as common-law partners but for the
fact that they have not been able to live together continuously for one year, usually because of an
immigration impediment. If a Canadian and a foreign national can get married or can live together and
establish a common-law relationship, this is what they are expected to have done before they submit
sponsorship and immigration applications.

You have not sufficiently demonstrated that you meet the requirements of the conjugal partner immigration
category. While you have submitted some evidence to show that a relationship exists, there is insufficient
documentary evidence on file to show that you and your sponsor are unable to apply under the spousal or
common-law categories because of exceptional circumstances. You and your sponsor have not established
that there is an immigration barrier to cohabitation. Accordingly, it appears that you and your sponsor could
have cohabited and chose not to do so, which raises concerns about whether you and your sponsor have the
significant degree of commitment characteristic of a conjugal relationship.

Before a final decision is made on your application, I would like to offer you the opportunity.



Im the Sponsor
Medical done
Biometrics done
Now we got this letter application was sent to manila ofice.

Husband - refused visa 2x, still legally married (annulment still on process), 4 years with 2 kids (2 and 1)
was not able to be together for more than a year beacuse I have to give birth in Canada consecutively.
We applied for visa he was refused.

I would appreciate any help.
The issue is you seem to have been living together but returned to Canada to deliver your child so that was a choice to return and you could have remained together for a year in the Philippines. Did you qualify for healthcare if you were spending all that time in the Philippines? There are specific residency obligations to qualify for healthcare even if you have a valid health card. If you did not meet the residency obligations you can be asked to pay back any money spent on your care..
 
Feb 14, 2020
12
0
I have tried to open a conversation, but the system told me that it's sp*m. It is a sincere inquiry. Can anyone help me please?

My partner and I began communicating via the internet in April of 2019. In May 2019 we had an opportunity to me as she was in Germany (which is a lot closer than her country of birth) to investigate immigrating there. Our meeting was like fireworks and we decided to be a couple, permanently. I convinced her that Canada was a better choice for her and the children. She went back to her country of birth and began the process of her applying for a visitor's visa to Canada. She is a well educated lady and worked in the financial sector for over two decades in her country of birth. She and her two children received 10 year visas.

Once she arrived in Canada, she decided that she loves it here and we asked advice of a number of consultants, and decided on a Conjugal application. She is not divorced from her husband but they have lived separate lives for a number of years. I am legally separated from my wife for many years now.

It has been suggested to us that we should just wait until September and file a Common Law application, but as we began a physical relationship in May, our year will be completed sooner. She needs to start work (she is very employable, and has received job offers but must have the work permit to begin) so that we have enough of a stable income to support us and the children.

A key point... in her culture, it is considered to be wrong to divorce, and even if she chose to go that route, it will take many years to complete in her country of birth. (Does anyone know if it is possible to do it from here with less red tape?).

I got the children into school, and they are happy here. If she was sent back she and the children would experience shaming and possible violence from society. My partner would likely be subjected to physical harm from her ex (and she would never again be able to leave there during his lifetime as he could forbid her to leave).

Any thoughts? Also, with a Conjugal Application, does that include PR for her? Would the children also get PR, or is that totally separate?

Thank you in advance for your attention to this.
 

Faraz Khan

Star Member
Nov 7, 2019
139
25
Hello Guys!
I had been applied for conjugal sponsorship last year February 2018, everything was fine until they forwarded my application in visa office manila. Then decision made wad refused because of the immigration officer do not believe that the principal applicant is not my conjugal partner. I did not apply for appeal. My question is can I reapply again for the conjugal sponsorship?
Hi,
Would you please tell when did you get your rejection letter. One more thing I would like to ask did they tell you how to appeal it.
Thank you in advance
 

Lynsita

Star Member
Feb 3, 2020
95
18
35
Habana
It
I have tried to open a conversation, but the system told me that it's sp*m. It is a sincere inquiry. Can anyone help me please?

My partner and I began communicating via the internet in April of 2019. In May 2019 we had an opportunity to me as she was in Germany (which is a lot closer than her country of birth) to investigate immigrating there. Our meeting was like fireworks and we decided to be a couple, permanently. I convinced her that Canada was a better choice for her and the children. She went back to her country of birth and began the process of her applying for a visitor's visa to Canada. She is a well educated lady and worked in the financial sector for over two decades in her country of birth. She and her two children received 10 year visas.

Once she arrived in Canada, she decided that she loves it here and we asked advice of a number of consultants, and decided on a Conjugal application. She is not divorced from her husband but they have lived separate lives for a number of years. I am legally separated from my wife for many years now.

It has been suggested to us that we should just wait until September and file a Common Law application, but as we began a physical relationship in May, our year will be completed sooner. She needs to start work (she is very employable, and has received job offers but must have the work permit to begin) so that we have enough of a stable income to support us and the children.

A key point... in her culture, it is considered to be wrong to divorce, and even if she chose to go that route, it will take many years to complete in her country of birth. (Does anyone know if it is possible to do it from here with less red tape?).

I got the children into school, and they are happy here. If she was sent back she and the children would experience shaming and possible violence from society. My partner would likely be subjected to physical harm from her ex (and she would never again be able to leave there during his lifetime as he could forbid her to leave).

Any thoughts? Also, with a Conjugal Application, does that include PR for her? Would the children also get PR, or is that totally separate?

Thank you in advance for your attention to this.
It will be impossible to apply under conjugal partner if she is not legally divorced. You also have to take in consideration that you both are able to marry after she get divorce. For applying under conjugal partner you must have barriers which prevent you of getting marry.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
I have tried to open a conversation, but the system told me that it's sp*m. It is a sincere inquiry. Can anyone help me please?

My partner and I began communicating via the internet in April of 2019. In May 2019 we had an opportunity to me as she was in Germany (which is a lot closer than her country of birth) to investigate immigrating there. Our meeting was like fireworks and we decided to be a couple, permanently. I convinced her that Canada was a better choice for her and the children. She went back to her country of birth and began the process of her applying for a visitor's visa to Canada. She is a well educated lady and worked in the financial sector for over two decades in her country of birth. She and her two children received 10 year visas.

Once she arrived in Canada, she decided that she loves it here and we asked advice of a number of consultants, and decided on a Conjugal application. She is not divorced from her husband but they have lived separate lives for a number of years. I am legally separated from my wife for many years now.

It has been suggested to us that we should just wait until September and file a Common Law application, but as we began a physical relationship in May, our year will be completed sooner. She needs to start work (she is very employable, and has received job offers but must have the work permit to begin) so that we have enough of a stable income to support us and the children.

A key point... in her culture, it is considered to be wrong to divorce, and even if she chose to go that route, it will take many years to complete in her country of birth. (Does anyone know if it is possible to do it from here with less red tape?).

I got the children into school, and they are happy here. If she was sent back she and the children would experience shaming and possible violence from society. My partner would likely be subjected to physical harm from her ex (and she would never again be able to leave there during his lifetime as he could forbid her to leave).

Any thoughts? Also, with a Conjugal Application, does that include PR for her? Would the children also get PR, or is that totally separate?

Thank you in advance for your attention to this.
Zero chance of conjugal. You have no barrier preventing you from becoming common-law.
 

Eveslm

Champion Member
Jun 21, 2018
1,060
295
Edmonton
Category........
FAM
Visa Office......
Mississauga
I have tried to open a conversation, but the system told me that it's sp*m. It is a sincere inquiry. Can anyone help me please?

My partner and I began communicating via the internet in April of 2019. In May 2019 we had an opportunity to me as she was in Germany (which is a lot closer than her country of birth) to investigate immigrating there. Our meeting was like fireworks and we decided to be a couple, permanently. I convinced her that Canada was a better choice for her and the children. She went back to her country of birth and began the process of her applying for a visitor's visa to Canada. She is a well educated lady and worked in the financial sector for over two decades in her country of birth. She and her two children received 10 year visas.

Once she arrived in Canada, she decided that she loves it here and we asked advice of a number of consultants, and decided on a Conjugal application. She is not divorced from her husband but they have lived separate lives for a number of years. I am legally separated from my wife for many years now.

It has been suggested to us that we should just wait until September and file a Common Law application, but as we began a physical relationship in May, our year will be completed sooner. She needs to start work (she is very employable, and has received job offers but must have the work permit to begin) so that we have enough of a stable income to support us and the children.

A key point... in her culture, it is considered to be wrong to divorce, and even if she chose to go that route, it will take many years to complete in her country of birth. (Does anyone know if it is possible to do it from here with less red tape?).

I got the children into school, and they are happy here. If she was sent back she and the children would experience shaming and possible violence from society. My partner would likely be subjected to physical harm from her ex (and she would never again be able to leave there during his lifetime as he could forbid her to leave).

Any thoughts? Also, with a Conjugal Application, does that include PR for her? Would the children also get PR, or is that totally separate?

Thank you in advance for your attention to this.
You have been living together and your partner is in Canada hence do not qualify for conjugal. However you can apply as common law once you have cohabited for 1 year (you have mentioned that your year of common law will complete soon). As common law partners you will be able to apply for inland PR sponsorship with open work permit
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
I have tried to open a conversation, but the system told me that it's sp*m. It is a sincere inquiry. Can anyone help me please?

My partner and I began communicating via the internet in April of 2019. In May 2019 we had an opportunity to me as she was in Germany (which is a lot closer than her country of birth) to investigate immigrating there. Our meeting was like fireworks and we decided to be a couple, permanently. I convinced her that Canada was a better choice for her and the children. She went back to her country of birth and began the process of her applying for a visitor's visa to Canada. She is a well educated lady and worked in the financial sector for over two decades in her country of birth. She and her two children received 10 year visas.

Once she arrived in Canada, she decided that she loves it here and we asked advice of a number of consultants, and decided on a Conjugal application. She is not divorced from her husband but they have lived separate lives for a number of years. I am legally separated from my wife for many years now.

It has been suggested to us that we should just wait until September and file a Common Law application, but as we began a physical relationship in May, our year will be completed sooner. She needs to start work (she is very employable, and has received job offers but must have the work permit to begin) so that we have enough of a stable income to support us and the children.

A key point... in her culture, it is considered to be wrong to divorce, and even if she chose to go that route, it will take many years to complete in her country of birth. (Does anyone know if it is possible to do it from here with less red tape?).

I got the children into school, and they are happy here. If she was sent back she and the children would experience shaming and possible violence from society. My partner would likely be subjected to physical harm from her ex (and she would never again be able to leave there during his lifetime as he could forbid her to leave).

Any thoughts? Also, with a Conjugal Application, does that include PR for her? Would the children also get PR, or is that totally separate?

Thank you in advance for your attention to this.
Would be much better to withdraw your application to get a partial refund and save time in the end versus losing the money, getting a denial and reapplying.
A
 

shinshin786

Star Member
Aug 23, 2020
55
3
same as conjugal applicant but we are heterosexual my sponsor was eligible and i received pre-arrival letter just waiting for PPR now.
Hi,
Can you send your timeline here please
i have plan to apply for same conjugal partner visa, we are same sex
 

YVR123

VIP Member
Jul 27, 2017
6,553
2,504
Hi,
Can you send your timeline here please
i have plan to apply for same conjugal partner visa, we are same sex
As reply from another discussion. You have
Hi,
Can you send your timeline here please
i have plan to apply for same conjugal partner visa, we are same sex
You have a much more complicated situation since your partner failed to include you as common law (who lived with you for more than 12 months) when she applied and received her PR.

You likely need a lawyer.
 
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Reactions: armoured
Feb 14, 2020
12
0
Hi,
Would you please tell when did you get your rejection letter. One more thing I would like to ask did they tell you how to appeal it.
Thank you in advance
We haven't gotten any letters at all. It is now a year since the application went in and we've found out some things.
1) on a conjugal application you cannot get a work permit (the lawyer lied)
2) you cannot make a 'conjugal' application from with-in Canada, only spousal (the lawyer lied)
3) we may have to start from scratch, even though we have been living together for well over a year.

Please note: I replied to this message before looking at any other comments, just in case someone else has pointed this out.