Conjugal visa question

[zolak94]

My Serbian (Canadian born) girlfriend and I have met each other here in Serbia( where I reside)when she was visiting her grandparents in July for 3 weeks. We've been together for 8 months, and once 12 months has reached, we're planning on applying for conjugal permanent resident visa. One problem tho, after two months of having a long distance relationship, we have been trying to figure out a way to be together again. We decided to apply for visitor's visa and we asked family and friends for advice and they said in order to have a higher chance for me to come, to have me as a "family friend" on the invitation letter. Of course with not much proof of other things to the Canadian officer, my application was denied. She visited me just a month ago for another three weeks and stayed with my family and me. Ever since, she's left to return to Canada, we want to try again. Will applying for conjugal visa be a problem now? Do we have to wait for a year from that date we applied for visitors visa? What's the best thing for us to do?

 

[kcward7]

My Serbian (Canadian born) girlfriend and I have met each other here in Serbia( where I reside)when she was visiting her grandparents in July for 3 weeks. We've been together for 8 months, and once 12 months has reached, we're planning on applying for conjugal permanent resident visa. One problem tho, after two months of having a long distance relationship, we have been trying to figure out a way to be together again. We decided to apply for visitor's visa and we asked family and friends for advice and they said in order to have a higher chance for me to come, to have me as a "family friend" on the invitation letter. Of course with not much proof of other things to the Canadian officer, my application was denied. She visited me just a month ago for another three weeks and stayed with my family and me. Ever since, she's left to return to Canada, we want to try again. Will applying for conjugal visa be a problem now? Do we have to wait for a year from that date we applied for visitors visa? What's the best thing for us to do?

You can't apply for conjugal. Conjugal is a stream for couples who face immigration or legal barriers that keep them apart, which you do not, seeing as you visit each other

 

[kcward7]

Well I should say...I suppose you could apply for it again, but chances of approval are slim to none since you do not qualify for this stream.

 

[Rob_TO]

My Serbian (Canadian born) girlfriend and I have met each other here in Serbia( where I reside)when she was visiting her grandparents in July for 3 weeks. We've been together for 8 months, and once 12 months has reached, we're planning on applying for conjugal permanent resident visa. One problem tho, after two months of having a long distance relationship, we have been trying to figure out a way to be together again. We decided to apply for visitor's visa and we asked family and friends for advice and they said in order to have a higher chance for me to come, to have me as a "family friend" on the invitation letter. Of course with not much proof of other things to the Canadian officer, my application was denied. She visited me just a month ago for another three weeks and stayed with my family and me. Ever since, she's left to return to Canada, we want to try again. Will applying for conjugal visa be a problem now? Do we have to wait for a year from that date we applied for visitors visa? What's the best thing for us to do?

What's your legal barrier to getting married, besides your own personal choice?

 

[zolak94]

What's your legal barrier to getting married, besides your own personal choice?

There is no legal barrier but there is one barrier which is her vacation time at work. She doesn't know if she can take more vacation time this year for her to visit me. Since she already used her vacation time when she visited me this January.

 

[Rob_TO]

There is no legal barrier but there is one barrier which is her vacation time at work. She doesn't know if she can take more vacation time this year for her to visit me. Since she already used her vacation time when she visited me this January.

With no legal barrier to marraige, a conjugal app is practically assured to be rejected.

 

[scylla]

There is no legal barrier but there is one barrier which is her vacation time at work. She doesn't know if she can take more vacation time this year for her to visit me. Since she already used her vacation time when she visited me this January.

Unfortunately that doesn't constitute a barrier. If you apply as conjugal - you'll be refused.

You'll either need to get married or live together for 12 months continuously to become common law before she will be able to sponsor you for PR.

 

[JulianaAndrew]

Straight from CIC's website:

A conjugal partner is:

• a person who is living outside Canada,
• in a conjugal relationship with a sponsor for at least one year, and
• could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation.

Principal applicants who are living in Canada are not eligible to be sponsored as conjugal partners, either in the Spouse, Common-law in Canada program or the overseas sponsorship program.

This term applies to both heterosexual and homosexual couples.

In most cases, the foreign partner is also not able to legally marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, meaning they have been in a bona fide (genuine or real) conjugal relationship for a period of at least one year.

A significant degree of attachment and mutual interdependence between both partners must be shown. The couple must submit proof of the obstacles or restrictions that are preventing them from living together or getting married.

 

[zolak94]

You can't apply for conjugal. Conjugal is a stream for couples who face immigration or legal barriers that keep them apart, which you do not, seeing as you visit each other

What's considered as an immigration barrier?

 

[zolak94]

Straight from CIC's website:

A conjugal partner is:

• a person who is living outside Canada,
• in a conjugal relationship with a sponsor for at least one year, and
• could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation.

Principal applicants who are living in Canada are not eligible to be sponsored as conjugal partners, either in the Spouse, Common-law in Canada program or the overseas sponsorship program.

This term applies to both heterosexual and homosexual couples.

In most cases, the foreign partner is also not able to legally marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, meaning they have been in a bona fide (genuine or real) conjugal relationship for a period of at least one year.

A significant degree of attachment and mutual interdependence between both partners must be shown. The couple must submit proof of the obstacles or restrictions that are preventing them from living together or getting married.

What's considered as an immigration barrier?

 

[zolak94]

With no legal barrier to marraige, a conjugal app is practically assured to be rejected.

Well there is a barrier an immigration barrier, there is now way of me coming to Canada to live with her for a year.

 

[scylla]

Well there is a barrier an immigration barrier, there is now way of me coming to Canada to live with her for a year.

She can easily visit you and get married.

 

[Rob_TO]

Well there is a barrier an immigration barrier, there is now way of me coming to Canada to live with her for a year.

There is no barrier to marriage. Her vacation time or personal reasons are not considered.

 

[zolak94]

Thanks everyone for your answers, you helped us a lot!

 

[zolak94]

There is no barrier to marriage. Her vacation time or personal reasons are not considered.

What if she comes to my country and we live together for a year, can we try conjugal visa then?