Conjugal Visa (Mississauga-Manila)

[Denela]

What is a “Conjugal” Relationship?

The term “conjugal” is not defined in the Act or the Regulations. Citizenship and Immigration Canada (‘CIC’) relies on the same definition developed by the courts in the family law context. The leading case outlining the factors that determine whether a relationship is “conjugal” is the Supreme Court decision in M v H. That said, the case law is clear that no one factor (such as cohabitation) is determinative. An officer is required to look at all the circumstances of the case and come to an assessment of whether, in light of the evidence, the relationship is:

• one of “some permanence”;
• “marriage-like”; and
• one in which the couple has made a “serious commitment” to a “shared life.”

This immigration category is for partners who have been unable to live together due to circumstances beyond their control. In order to qualify, you must meet the other criteria for spousal or common-law sponsorship.
The relationship must be more than just a physical relationship. The level of commitment equals the commitment of marriage and common-law relationships. You will need to provide proof of your commitment! Examples include owning property together, joint bank accounts, etc.

You may qualify for this category if you have not been able to live together due to:
 An immigration barrier,
 Your marital status (The applicant is married to some-one else and their country does not permit divorce), or
 Your sexual orientation.

You will need to prove that there was a plausible reason you could not live together. If you could have lived together, but decided not to, Citizenship and Immigration Canada will question your level of commitment to each other.


Per my situation, our barrier would be under my marital status. I was married 2009. But got legally separated last 2010. I filed for annulment last 2013 but got denied on 2014. I also applied for TRV on 2013 but was also got denied, year 2013. Conjugal visa is the best choice for us, as the circumstances require us to have. Now I want to share with you my timeline:

Category........: FAM
Visa Office......: Mississauga/Manila
App. Filed.......: 04-25-2016
AOR Received.: 05-13-2016
SA Received.: 07-22-2016
File Transfer...: 07-25-2016
Med's Request: Upfront Medical Exam
Med's Done....: 03-23-2016

We are currently waiting for DM and PPR, in God's grace. ;D

Feel free to share your stories here. ;D

 

[ImABule]

What is a “Conjugal” Relationship?

The term “conjugal” is not defined in the Act or the Regulations. Citizenship and Immigration Canada (‘CIC’) relies on the same definition developed by the courts in the family law context. The leading case outlining the factors that determine whether a relationship is “conjugal” is the Supreme Court decision in M v H. That said, the case law is clear that no one factor (such as cohabitation) is determinative. An officer is required to look at all the circumstances of the case and come to an assessment of whether, in light of the evidence, the relationship is:

• one of “some permanence”;
• “marriage-like”; and
• one in which the couple has made a “serious commitment” to a “shared life.”

This immigration category is for partners who have been unable to live together due to circumstances beyond their control. In order to qualify, you must meet the other criteria for spousal or common-law sponsorship.
The relationship must be more than just a physical relationship. The level of commitment equals the commitment of marriage and common-law relationships. You will need to provide proof of your commitment! Examples include owning property together, joint bank accounts, etc.

You may qualify for this category if you have not been able to live together due to:
 An immigration barrier,
 Your marital status (The applicant is married to some-one else and their country does not permit divorce), or
 Your sexual orientation.

You will need to prove that there was a plausible reason you could not live together. If you could have lived together, but decided not to, Citizenship and Immigration Canada will question your level of commitment to each other.


Per my situation, our barrier would be under my marital status. I was married 2009. But got legally separated last 2010. I filed for annulment last 2013 but got denied on 2014. I also applied for TRV on 2013 but was also got denied, year 2013. Conjugal visa is the best choice for us, as the circumstances require us to have. Now I want to share with you my timeline:

Category........: FAM
Visa Office......: Mississauga/Manila
App. Filed.......: 04-25-2016
AOR Received.: 05-13-2016
SA Received.: 07-22-2016
File Transfer...: 07-25-2016
Med's Request: Upfront Medical Exam
Med's Done....: 03-23-2016

We are currently waiting for DM and PPR, in God's grace. ;D

Feel free to share your stories here. ;D

Why couldn't your sponsor move to Philippines and live for one year to become common law?

 

[Denela]

Appreciate your query on this matter ImABule

While apparently that I am still married, I cannot be with anyone else not until the day I get annulled. Under the Philippine Law on Family Code, it is considered infidelity. So, though I and my previous partner were no longer connected at all, I am still married to him and if i live with my current partner now and cohabit like as husband and wife, I can be sued for committing an Act of Adultery. Needless to say, it is considered a crime. Provided some details as below, for your reference.


What is adultery?

Adultery means the carnal relation between a married woman and a man who is not her husband, the latter knowing her to be married, even if the marriage be subsequently declared void (RPC, Article 333). Each sexual intercourse constitutes a crime of adultery.

Art. 333. Who are guilty of adultery?


I. Concept: The crime committed by a married woman who shall have sexual intercourse with a man not her husband, and by the man who has carnal knowledge of her, knowing her to be married”

A. The gist is actual sexual intercourse and not just mere romantic dating, or petting or kissing

B. There is no frustrated stage: it is either that the accused were able to engage in sex or not.

C. It is not a continuing crime because each separate sex act on a different occasion is a different and a separate crime.

D. This may be committed when a married woman marries a second time without the first having been judicially annulled or voided. Her liability is in addition to bigamy.


What are the differences between adultery and concubinage?

Adultery is committed by a wife (who must also be charged together with the other man), while concubinage is committed by a husband (who must be charged together with the concubine).
Proof of sexual intercourse is enough in adultery, but in concubinage, the prosecution must prove that the sexual intercourse must be under scandalous circumstances, or that the husband kept a mistress in the conjugal dwelling or cohabited with her in any other place.
The penalty for concubinage is lower than that of adultery. The penalty for the concubine is only destierro, while the penalty for the man other in adultery is the same as that of the guilty wife.


I hope that you were enlighten on this.

 

[ImABule]

Appreciate your query on this matter ImABule

While apparently that I am still married, I cannot be with anyone else not until the day I get annulled. Under the Philippine Law on Family Code, it is considered infidelity. So, though I and my previous partner were no longer connected at all, I am still married to him and if i live with my current partner now and cohabit like as husband and wife, I can be sued for committing an Act of Adultery. Needless to say, it is considered a crime. Provided some details as below, for your reference.


What is adultery?

Adultery means the carnal relation between a married woman and a man who is not her husband, the latter knowing her to be married, even if the marriage be subsequently declared void (RPC, Article 333). Each sexual intercourse constitutes a crime of adultery.

Art. 333. Who are guilty of adultery?


I. Concept: The crime committed by a married woman who shall have sexual intercourse with a man not her husband, and by the man who has carnal knowledge of her, knowing her to be married”

A. The gist is actual sexual intercourse and not just mere romantic dating, or petting or kissing

B. There is no frustrated stage: it is either that the accused were able to engage in sex or not.

C. It is not a continuing crime because each separate sex act on a different occasion is a different and a separate crime.

D. This may be committed when a married woman marries a second time without the first having been judicially annulled or voided. Her liability is in addition to bigamy.


What are the differences between adultery and concubinage?

Adultery is committed by a wife (who must also be charged together with the other man), while concubinage is committed by a husband (who must be charged together with the concubine).
Proof of sexual intercourse is enough in adultery, but in concubinage, the prosecution must prove that the sexual intercourse must be under scandalous circumstances, or that the husband kept a mistress in the conjugal dwelling or cohabited with her in any other place.
The penalty for concubinage is lower than that of adultery. The penalty for the concubine is only destierro, while the penalty for the man other in adultery is the same as that of the guilty wife.


I hope that you were enlighten on this.

While I knew of this all already, I've seen other people from the Philippines who haven't had marriages annulled who are legally separated who live common law with their partners, hence why I asked because if CIC thinks that your partner could have moved and developed a common law relationship with you conjugal won't work out in your favour.

 

[Denela]

Well, if they will follow the law they should have not moved and lived in together. Only God knows if conjugal visa will work for us or not. So thanks!

 

[ImABule]

Well, if they will follow the law they should have not moved and lived in together. Only God knows if conjugal visa will work for us or not. So thanks!

I hope it does.

Good luck

 

[canuck_in_uk]

Well, if they will follow the law they should have not moved and lived in together. Only God knows if conjugal visa will work for us or not. So thanks!

Your situation is pretty much why the conjugal category was created.

That said, it is a bit of a concern that you haven't applied for a TRV since 2013. You should have tried again since then.

 

[Queeen.14]

Hi I have few questions. How can we send/request to expedite our case? Can we do that even if we are only waiting for IP in BC or PPR? Please walk me through, I'm not sure if we have what it takes to request so

We applied for conjugal sponsorship and have many complications regarding our status. We've been together for almost 4yrs now, can't marry here bec I'm still married with my ex (abandoned). I have 2 kids from ex, declared in the app but not accompanying. Now, my 3rd baby is with my current partner's, she just turned 1 last Oct. He declared our child as his dependent on our app but not in any record/file/status in Canada like in his employment/gov't records. Reason to which is bec our child's birth certificate was registered illegitimate under my last name, although he swore under oath the paternity and use of last name after she was born, some Philippine lawyers said I can't name our child under his bec he is not present here and that his affidavit still needs some authentication or the like.

We are a bit confused whether we should just wait for our app to be approved and change/work on legalities when we get to Canada. But we can't help but worry that it might cause delays on our app,too. Is there any way we can request a faster processing so we can have each and every legalities finalized?? Not to mention, we have plans to get married right away once I get divorced in Canada... Any suggestions please. Thank you

 

[canuck_in_uk]

Is there any way we can request a faster processing so we can have each and every legalities finalized??

Of course not. You need to wait just like every couple, all of whom would like to get on with their lives just as much as you...

 

[Queeen.14]

Of course not. You need to wait just like every couple, all of whom would like to get on with their lives just as much as you...

Thanks for your reply. Just a thought though, coz we are worried they would delay/deny the app due to the doubts in our case. We were denied twice for TRV before we applied our sponsorship, we're just so frustrated it might happen again...