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Conjugal Visa

Hardeep1991

Newbie
May 11, 2018
4
0
Hi

I am an Indian citizen currently living in India, and have been in a Gay relationship with my partner since the last 5 years. Due to the social stigma/cultural issues and legal circumstances, we both could not get married or stay together in India. My partner got a PR through express entry on 24th Nov 2017 and has recently landed in Canada on 13th of April 2018.

We are now interested to file for a conjugal partner visa so that I can come to Canada and settle with him permanently. I have also tried to enter canada through student visa but my file got rejected.
 

Shineon39

Hero Member
Dec 3, 2015
681
84
123
Yellowknife, Northwest territories
Category........
FAM
Visa Office......
Singapore
App. Filed.......
22-10-2015
Nomination.....
Csq received 26-01-2016
AOR Received.
11-12-2015 AOR2: 07-01-2016
File Transfer...
17-12-2015
Med's Done....
10-09-2015
Interview........
waived
Passport Req..
07-06-2016
VISA ISSUED...
20-06-2016
LANDED..........
02-09-2016
Hi

I am an Indian citizen currently living in India, and have been in a Gay relationship with my partner since the last 5 years. Due to the social stigma/cultural issues and legal circumstances, we both could not get married or stay together in India. My partner got a PR through express entry on 24th Nov 2017 and has recently landed in Canada on 13th of April 2018.

We are now interested to file for a conjugal partner visa so that I can come to Canada and settle with him permanently. I have also tried to enter canada through student visa but my file got rejected.
Your best option would be to get a tourist visa for Canada, come here and get married or live together 1 year to be common lay. If the tourist visa is denied you both can travel to an another country where same sex marriage is legal. Conjugal sponsorship is a difficult road for what I read on this forum.
 

evdm

Hero Member
Jun 16, 2017
650
360
When you say that you could not stay together do you mean that you could not live together?

If you can show that you've lived together in India despite not being married, you may be considered common law already by Canada. Though I understand if you weren't able to do so.

If you're able to get a visitor's visa to Canada or a country that allows same-sex marriage then you can, as suggested above, get married in Canada or that other third country. Be mindful though, Canada has no residency requirements on marriage meaning that two non-residents can come to Canada and get married regardless of their citizenship. Some countries, however, do require at least one spouse to be a resident or a non-resident citizen of the country in order to get married in that country.

If it is impossible for you and your partner to get married in Canada because your tourist visa was refused*, and you both cannot get visas to go to a third country that would allow you to get married, then you can make a case under a conjugal category; but you must exhaust all your options first, and be prepared to show everything you've tried as evidence to support the fact that you are unable to marry or live together.

*the rejection of a student visa is not what I mean here. You should apply for a regular tourist visa for a short stay to Canada and hope that gets approved. Remember, you have to be able to show close ties to India and be prepared to return when the visa and your allowed stay expires for it to be approved and for a CBSA officer to allow you entry into Canada when you arrive. Once in Canada with valid visitor status you can apply inland once you are married which would give you implied status; or you can apply to extend your visitor status.
 
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Hardeep1991

Newbie
May 11, 2018
4
0
Your best option would be to get a tourist visa for Canada, come here and get married or live together 1 year to be common lay. If the tourist visa is denied you both can travel to an another country where same sex marriage is legal. Conjugal sponsorship is a difficult road for what I read on this forum.
1. If I get a refusal from Canada for a tourist visa, as well as a rejection from another country that allows same sex marriage, would it be considered a strong ground for Conjugal? (I hope they are not expecting me to apply to each and every possible country that allows for same sex marriage and get refusal from all countries before taking the conjugal pathway)
 

Hardeep1991

Newbie
May 11, 2018
4
0
When you say that you could not stay together do you mean that you could not live together?

If you can show that you've lived together in India despite not being married, you may be considered common law already by Canada. Though I understand if you weren't able to do so.

If you're able to get a visitor's visa to Canada or a country that allows same-sex marriage then you can, as suggested above, get married in Canada or that other third country. Be mindful though, Canada has no residency requirements on marriage meaning that two non-residents can come to Canada and get married regardless of their citizenship. Some countries, however, do require at least one spouse to be a resident or a non-resident citizen of the country in order to get married in that country.

If it is impossible for you and your partner to get married in Canada because your tourist visa was refused*, and you both cannot get visas to go to a third country that would allow you to get married, then you can make a case under a conjugal category; but you must exhaust all your options first, and be prepared to show everything you've tried as evidence to support the fact that you are unable to marry or live together.

*the rejection of a student visa is not what I mean here. You should apply for a regular tourist visa for a short stay to Canada and hope that gets approved. Remember, you have to be able to show close ties to India and be prepared to return when the visa and your allowed stay expires for it to be approved and for a CBSA officer to allow you entry into Canada when you arrive. Once in Canada with valid visitor status you can apply inland once you are married which would give you implied status; or you can apply to extend your visitor status.


Yes, we could not live together. Because of social stigma, cultural and legal issues.
We have been staying together in India since last 5 years. Though not in the same house, so we dont have a common billing address. We used to be together everyday but then went back to our homes. Can we still through the common law pathway? ( we do have many vacation trips, photographs, travel documents, family photos together)
 
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evdm

Hero Member
Jun 16, 2017
650
360
I don't know the common law requirements well enough to give you an answer, but my instinct says no.

Is the USA or a European country that allows SSM an option for you both to visit? If you could both get a Schengen Visa you could travel to Denmark to get married, for example.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
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App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Yes, we could not live together. Because of social stigma, cultural and legal issues.
We have been staying together in India since last 5 years. Though not in the same house, so we dont have a common billing address. We used to be together everyday but then went back to our homes. Can we still through the common law pathway? ( we do have many vacation trips, photographs, travel documents, family photos together)
No, if you don't cohabit in a shared household together, then you can't claim you were common-law. Plus since he's already landed as a PR, that door is completely closed since he would have had to claim you as common-law partner in his own app. But it's ok, since you didn't qualify anyways.

You should apply for a TRV first to come to Canada and get married, and perhaps 1 other country that allows same-sex marriage (not sure if there are any that India passport holders would have easier approvals for). You are not expected to apply to every country in the world, but the visa officer wants to see you attempted to get married so are using conjugal only as a last resort.

Keep in mind apart from the barriers, you'll also need to prove the conjugal relationship is valid. Read this OP manual on the Conjugal sections for what you will need to include in your app.
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
 

VUPtoYOW

Star Member
Jan 14, 2018
123
32
I guess you both could secure a visa from any south american country where same-sex marriage is legal (Brazil, Argentina, Uruguay or Colombia) and get married there, for indian passport holders, getting a visa for these countries is easier than securing a visa to any EU country.
 

Drapath88

Star Member
Jul 4, 2017
124
39
Category........
FAM
Colombia is not an option. In order to get married in Colombia one of the members of the couple must be a Colombian citizen. Curaçao, Argentina and Chile allow marriages for foreigner couples including same sex marriages
 

canadalover4987

Hero Member
Nov 7, 2014
239
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Visa Office......
CPC-M
Job Offer........
Pre-Assessed..
App. Filed.......
April 30, 2016
AOR Received.
May 12, 2016
File Transfer...
June 14, 2017 Canada Embassy Manila
Med's Done....
April 15, 2016 Upfront Medical
Interview........
Waived
Passport Req..
Feb 17, 2017
VISA ISSUED...
Feb 22, 2017, Guidance Counseling Program Seminar March 3, 2017
LANDED..........
March 20, 2017
Conjugal application is one of the toughest to prove but it happened in my case. Im in a same situation like you do last year. Ive asked many people here, Most people here will help you and some can make you feel down and discourage but remember only CIC will decide about the fate of your love. Have a positive outlook and dont get easily distracted by the advise here. Be prepared to hear others suggestion/opinion. Take it easy.

Question: When your partner landed as a PR in Canada, did he disclosed you as his partner on his papers? This maybe an essential factor and im not familiar with India application but i will assume that the choices about your partner’s marital status are limited (e.g. Single, Married, Divorced, Separated, Etc) Same sex relationship situation like same sex common law is not recognized by most Asian countries/government so i would assume that Common law/Conjugal partnership is not present on his application form when he applied as a landed immigrant here in Canada. THEREFORE, he might have chosen SINGLE in his application form. IN THAT CASE, it is a matter of proving that your relationship existed before he landed as a PR. Your partner will have to explain his sides on why he didnt disclose you. Technically if he stated that he is SINGLE on his application, then he have made the right choice because there is no option for common law/conjugal partnership in his application in India. Did you get the picture now?

To be a Common law, you and your partner must cohabitate under one roof for atleast 1 year. (That includes all your financial, insurance, rent, etc, should be under your names) And this is tough for India because of social stigma and public perception in addition to your own families perception. You need to prove on why you cant do common law ok? You need to prove why the only choice left is conjugal.

In applying Conjugal Application, you need to be innovative in proving that your relationship existed before he landed as an Immigrant (letters/chat, joint bills, joint properties together, apartment rentals, travel, monetary support or joint account if any, celebration of relationship like do you have any close friends or family that are willing to testify under oath stating that your relationship is genuine, pictures, insurace the he is your beneficiary and vice versa, visa denials, and many others) A cover letter will be nice, this will help CIC understand your situation better. You and your partner need to detail your relationship situation. In my case, we did a NOTARIZED cover letter (sworn statement). CIC are human they are not robot. Again, only CIC will decide so dont lose hope. You need to work on what you have. Patience is a virtue.

My partner is a transgender woman from Manila, im a Canadian born male citizen, my situation maybe tougher than you because of huge age gap and other red flags but just last March of 2017 she landed as an immigrant under Conjugal Application in one attempt. That is because of my partner and I made an effort to work on the situation. We focused on what we have, not on what we dont. And id like you to do the same.

If you got denied for a TRV in Canada, that’s ok it is ground for immigration barrier. My partner got denied twice by TRV in Canada and she tried US tourist visa but was refused too, Our intention is to get married. I included those visa denial letters and i specifically mention these denial letters in my cover letter.

Try applying in for a trv in Canada, and in other countries too like US or New Zealand. If you and your partner can get married then you can apply for Spousal application. If not, its not the end of the world.

CIC will treat all application with the same level of guidelines whether its spousal, common law or conjugal.
 
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evdm

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Jun 16, 2017
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Colombia is not an option. In order to get married in Colombia one of the members of the couple must be a Colombian citizen. Curaçao, Argentina and Chile allow marriages for foreigner couples including same sex marriages
Are you sure about Curaçao?

To my knowledge, there's no same sex marriage in Curaçao. Bonaire, however, will perform Same Sex Marriages. Both are parts of the Kingdom of the Netherlands but Curaçao is a country within the kingdom and as such has its own civil code and marriage laws. Bonaire is a special municipality of the European part of the Netherlands and therefore the same civil codes relating to marriage apply in Bonaire (and Saba and St. Eustatius) as they would in the Netherlands in Europe.

To get a visa for the Caribbean Netherlands, you would have to apply to the Embassy of the Kingdom of the Netherlands. This visa would grant you access to Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, and Sint Maarten, though it would not apply for the Netherlands in Europe.

Coming from India, you would also need to see if you would need a transit visa to get to any of these islands. There are direct flights from Amsterdam, and many North American destinations.

There are also many steps and a lot of paperwork involved in getting married in the Netherlands (which would include Bonaire, Saba and St. Eustatius). Despite being a Dutch citizen my husband and I chose to marry in Canada because of all the paperwork each of us would have to submit as neither of us were born in the Netherlands and it would have been difficult to produce for us.

I think the person who posted just above me is giving you some good advice, and speaking from their own experience with conjugal sponsorship. Though it's one of the harder classes to get approved under for family sponsorship, it's not impossible. I know I said that you'd have to exhaust all your other options first, but to me it seems that your options are already very limited. Try getting a visitor visa for a European country, try Canada, and try the USA. If you're rejected in all three you'll already have a lot to show IRCC that you should be considered under the conjugal category but you'll still need to provide a lot of other supporting evidence to back up your relationship.
 
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Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Question: When your partner landed as a PR in Canada, did he disclosed you as his partner on his papers? This maybe an essential factor and im not familiar with India application but i will assume that the choices about your partner’s marital status are limited (e.g. Single, Married, Divorced, Separated, Etc) Same sex relationship situation like same sex common law is not recognized by most Asian countries/government so i would assume that Common law/Conjugal partnership is not present on his application form when he applied as a landed immigrant here in Canada. THEREFORE, he might have chosen SINGLE in his application form. IN THAT CASE, it is a matter of proving that your relationship existed before he landed as a PR. Your partner will have to explain his sides on why he didnt disclose you. Technically if he stated that he is SINGLE on his application, then he have made the right choice because there is no option for common law/conjugal partnership in his application in India. Did you get the picture now?
.
Correction, all PR apps have an option to disclose a common-law partner. If you have lived with someone for 12 months so are legally common-law for immigration purposes, putting "single" on any PR app to Canada would be serious misrepresentation. Common-law is based on Canada's rules, and irrelevant to any other country or if they happen to view common-law as a legal term.

However conjugal is NOT an option, as you can't declare a conjugal partner since it's not technically a legal status. So in this case as long as they weren't common-law, "single" would be the correct response on his own PR app.
 

canadalover4987

Hero Member
Nov 7, 2014
239
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Visa Office......
CPC-M
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Pre-Assessed..
App. Filed.......
April 30, 2016
AOR Received.
May 12, 2016
File Transfer...
June 14, 2017 Canada Embassy Manila
Med's Done....
April 15, 2016 Upfront Medical
Interview........
Waived
Passport Req..
Feb 17, 2017
VISA ISSUED...
Feb 22, 2017, Guidance Counseling Program Seminar March 3, 2017
LANDED..........
March 20, 2017
Again only CIC can decide about the fate of their situation. Dont jump to “mispresentation” right away esp if you are not part of CIC. As i said a notarized cover letter maybe a big help to explain their situation and they can even ask for lgbt support groups on how can they best improve their situation if all effort are wasted. I am a born citizen of this Country and not a landed immigrant. I petitioned my partner and it was sweetest thing that happen in my life. Canadians are understanding and compassionate people. Just be positive.

This is a perfect and exact situation when most of the advise here are boxed (not all ofcourse, there are some nicer people here who can really help in providing clear information without making you feel discourage) I was on the same shoes before, I clearly remember when the only option they give me here are mostly negative and discouraging. They clearly said that the chance of my conjugal partner’s approval is slim. (See my time lime story and you will see those people who give me wrong advise, see it for your self) They said that the best route is either spousal or common law. Well, IVE PROVEN THEM ALL WRONG.

Good luck to your application and you have my best wishes.
 
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Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Again only CIC can decide about the fate of their situation. Dont jump to “mispresentation” right away esp if you are not part of CIC.
Not sure what you're talking about. If a couple has lived together for 1 year so are common-law to IRCC, yet one of them lands in Canada as PR as "single", that is clear misrepresentation and there is no other possible scenario here. Luckily this scenario does not apply to the OP.

As for conjugal, I agree that in general there is lots of discretion by a visa officer and every case is unique.
 

canadalover4987

Hero Member
Nov 7, 2014
239
11
Visa Office......
CPC-M
Job Offer........
Pre-Assessed..
App. Filed.......
April 30, 2016
AOR Received.
May 12, 2016
File Transfer...
June 14, 2017 Canada Embassy Manila
Med's Done....
April 15, 2016 Upfront Medical
Interview........
Waived
Passport Req..
Feb 17, 2017
VISA ISSUED...
Feb 22, 2017, Guidance Counseling Program Seminar March 3, 2017
LANDED..........
March 20, 2017
Not sure what you're talking about. If a couple has lived together for 1 year so are common-law to IRCC, yet one of them lands in Canada as PR as "single", that is clear misrepresentation and there is no other possible scenario here. Luckily this scenario does not apply to the OP.

As for conjugal, I agree that in general there is lots of discretion by a visa officer and every case is unique.

With all due respect, Do you remember when you responded to my inquiry many times over? Didnt you imply that my chances are slim? - THIS ONLY PROVES THAT YOU DONT KNOW EVERYTHING AND DO NOT JUMP INTO CONCLUSION OF MISREPRESENTATION RIGHT WAY. Again, i will stress out that you are not part of CIC NEITHER AM I...Shhh....Stop sounding like you know better than everyone here. Because your advised given to me before was not helpful at all. Thanks.
 
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