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chris504

Star Member
Jan 11, 2020
71
14
what is your proof for immigration barrier?
An immigration barrier is one of the possible serious barriers that can be used in this application as I have listed twice above my serious barriers would include:
Immigration - he will not be granted entry into Canada any other way. I can not stay in his country for more then 4 months.
Safety- His country is unsafe as per travel Canada and it is in our best interest, especially that of my child’s, to not reside in Honduras for a year.
Would you consider safety a serious barrier?
 

andrew3081

Hero Member
Apr 6, 2018
286
76
An immigration barrier is one of the possible serious barriers that can be used in this application as I have listed twice above my serious barriers would include:
Immigration - he will not be granted entry into Canada any other way. I can not stay in his country for more then 4 months.
Safety- His country is unsafe as per travel Canada and it is in our best interest, especially that of my child’s, to not reside in Honduras for a year.
Would you consider safety a serious barrier?
safety is not immigration barrier as far as I know.

Like I said before, you didn’t try to apply for Canadian visitor visa .. how do you know it won’t be approved? For all we know, his visitor visa might get approved.
Why can’t you do marriage?
 
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chris504

Star Member
Jan 11, 2020
71
14
what is your reasoning for immigration barrier?

“not interested “ in marriage is not strong enough reason for not getting married.
Are you or your partner already married to someone ?


Although the intention of the conjugal partner category is to accommodate Canadians and permanent residents with foreign partners who can neither marry nor live together, the inability to marry cannot be an absolute requirement, since this could have the effect of “forcing” those couples to marry who may have chosen not to. Persons who have established and maintained a conjugal relationship for one year and who do not intend to marry might be conjugal partners if they have been unable to cohabit because of an immigration impediment or other serious barrier.”
that was directly from cic.... website are you critiquing from opinion or do you have some specific experience?
 

andrew3081

Hero Member
Apr 6, 2018
286
76

Although the intention of the conjugal partner category is to accommodate Canadians and permanent residents with foreign partners who can neither marry nor live together, the inability to marry cannot be an absolute requirement, since this could have the effect of “forcing” those couples to marry who may have chosen not to. Persons who have established and maintained a conjugal relationship for one year and who do not intend to marry might be conjugal partners if they have been unable to cohabit because of an immigration impediment or other serious barrier.”
that was directly from cic.... website are you critiquing from opinion or do you have some specific experience?
it is pretty well known on these forums that you need to at least try to apply for visitor visa for immigration barrier. Why is marriage not an option for you?
But I wish good luck to you, you might get lucky and be approved, you might not.
 

chris504

Star Member
Jan 11, 2020
71
14
safety is not immigration barrier as far as I know.

Like I said before, you didn’t try to apply for Canadian visitor visa .. how do you know it won’t be approved?
Why can’t you do marriage?
I know because I have been doing immigration applications for 10+ years. It does not take any sort of talent to know a TRV would be denied to a campesino with “no ties to his country” (that’s exactly what his denial letter will read). As I stated we are not interested in marrying. I’m atheist and it’s not a defining event for me. As a Human being I can make that decision. I am divorced in Canada. However since I was married before in Honduras I have to register my divorce there and it is close to impossible with out exes signature. (Even with this process complete, I do not want to feel forced to marry)
 

chris504

Star Member
Jan 11, 2020
71
14
it is pretty well known on these forums that you need to at least try to apply for visitor visa for immigration barrier. Why is marriage not an option for you?
But I wish good luck to you, you might get lucky and be approved, you might not.
I appreciate that! I know I will need luck and that it’s not a straightforward application!
 

armoured

VIP Member
Feb 1, 2015
15,363
7,831
I know because I have been doing immigration applications for 10+ years. It does not take any sort of talent to know a TRV would be denied to a campesino with “no ties to his country” (that’s exactly what his denial letter will read). As I stated we are not interested in marrying. I’m atheist and it’s not a defining event for me. As a Human being I can make that decision. I am divorced in Canada. However since I was married before in Honduras I have to register my divorce there and it is close to impossible with out exes signature. (Even with this process complete, I do not want to feel forced to marry)
Sure, you can make the decision that you do not wish to marry or that 'it is not a defining event for you' (although not sure I understand why it 'not being a defining event' in any way constitutes a principled objection to the concept of marriage, but whatever).

But do think of this from the perspective of the people looking at your file: you have already been married (so your objection is either entirely new ... or fake). And note, atheism on its own is not a barrier to marriage, it's a civil institution.

You haven't actually applied for a TRV and been denied, so even if he would be denied, you can't document it. (Does this imply you don't care enough to have even tried? - again, from perspective of person looking at your file)

And finally, you don't wish to move and establish common law (although you do have security concerns).

I say none of this as a criticism, you can believe what you believe, just noting that - practically speaking - your task is to convince the immigration officers the relationship is genuine. That can be hard enough without adding the barriers of meeting the conjugal relationship test.

Marrying would be easier in practical sense. If you truly cannot or will not, you will have to provide a lot of documentation (e.g. that you CANNOT get necessary docs to marry in Honduras, not just that it's hard). Or provide a very convincing case of both your relationship and why you simply cannot marry (on principled grounds).

Good luck. My comments here mostly just on point that if you decide to go conjugal route for this, it will likely be more difficult and lengthy a process, with a higher chance of rejection of your application. Up to you how to proceed.
 
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chris504

Star Member
Jan 11, 2020
71
14
Sure, you can make the decision that you do not wish to marry or that 'it is not a defining event for you' (although not sure I understand why it 'not being a defining event' in any way constitutes a principled objection to the concept of marriage, but whatever).

But do think of this from the perspective of the people looking at your file: you have already been married (so your objection is either entirely new ... or fake). And note, atheism on its own is not a barrier to marriage, it's a civil institution.

You haven't actually applied for a TRV and been denied, so even if he would be denied, you can't document it. (Does this imply you don't care enough to have even tried? - again, from perspective of person looking at your file)

And finally, you don't wish to move and establish common law (although you do have security concerns).

I say none of this as a criticism, you can believe what you believe, just noting that - practically speaking - your task is to convince the immigration officers the relationship is genuine. That can be hard enough without adding the barriers of meeting the conjugal relationship test.

Marrying would be easier in practical sense. If you truly cannot or will not, you will have to provide a lot of documentation (e.g. that you CANNOT get necessary docs to marry in Honduras, not just that it's hard). Or provide a very convincing case of both your relationship and why you simply cannot marry (on principled grounds).

Good luck. My comments here mostly just on point that if you decide to go conjugal route for this, it will likely be more difficult and lengthy a process, with a higher chance of rejection of your application. Up to you how to proceed.
I absolutely understand what you saying and that it’s complicated. I personally did marry in the past to classify for spousal sponsorship as I was pregnant, living in another country with my spouse that had been deported. I did feel forced to marry to have my child’s father in the country, which I’m not interested in doing again. Although the application does not specify to elaborate on why you do not wish to marry. I did not list my atheism as a barrier to marriage just that I do not wish to marry.

Again, everyone here seems to think that immigration barriers are the only qualifiers while the conjugal sponsorship clearly states “or any other serious barrier” which is where I am hoping safety will fall.

I have already submitted the application and this is the route I have chosen to go.
I really don’t want to be pushed to marriage. And it seems more then pointless to apply for TVR we all know there is zero chance to be excepted.

I really wish this forum listed people’s expertise. Do they have personal experience? Do they work for immigration, are the lawyers, is this a past time, are the just regurgitating what they have read over and over.

These comments are the same as comments made in 2012 I doubt that could be.
 

ATIFALI

Hero Member
Aug 26, 2019
308
78
Guys. Should i visit MP office to get help. I m dec 13. No update yet. Anyone has any known person ever experienced on visiting MP is worth or not. Pls suggest me.
 

armoured

VIP Member
Feb 1, 2015
15,363
7,831
I absolutely understand what you saying and that it’s complicated. I personally did marry in the past to classify for spousal sponsorship as I was pregnant, living in another country with my spouse that had been deported. I did feel forced to marry to have my child’s father in the country, which I’m not interested in doing again. Although the application does not specify to elaborate on why you do not wish to marry. I did not list my atheism as a barrier to marriage just that I do not wish to marry.

Again, everyone here seems to think that immigration barriers are the only qualifiers while the conjugal sponsorship clearly states “or any other serious barrier” which is where I am hoping safety will fall.

I have already submitted the application and this is the route I have chosen to go.
I really don’t want to be pushed to marriage. And it seems more then pointless to apply for TVR we all know there is zero chance to be excepted.

I really wish this forum listed people’s expertise. Do they have personal experience? Do they work for immigration, are the lawyers, is this a past time, are the just regurgitating what they have read over and over.

These comments are the same as comments made in 2012 I doubt that could be.
Hey, as we said, it's up to you, and you've already decided to do it this way. Personally, I don't think "I do not wish to marry" is a very strong argument for using the conjugal mechanism, but you don't have to convince me; it's IRCC employees who will decide.

You asked for thoughts and specifically whether receiving the notification that your application has been received means you are "in the clear." As I understand, all this notification means is that your application is technically complete - i.e. you have provided all the minimal documentation and signed in all the right places, copies of the required documents, etc. (Although note that it seems sometimes they will let minor lapses pass and ask for documents after, even though they can technically return the entire package). This does not appear to be a quality test of whether you've provided good or sufficient information, just the minimum required.

So no, you're not "in the clear." (Again, as I understand - in fact, apply "as I understand" to everything here). First they will confirm that you are eligible as a sponsor - that should usually come pretty soon, and (it seems) is mostly based on basic stuff - does your documentation such as citizenship match what's on the form, criminality or other exclusionary.

Then there's medical and biometrics, of course.

But the biggest and most important test is whether your applicant is eligible and meets the various requirements - including the obvious like criminality and security - and this is the relationship test and the category you're applying under, i.e. the conjugal relationship. So no, definitely not in the clear so far.

Again, good luck. And as for whether participants here in an anonymous internet forum have personal or professional experience and expertise - it's an anonymous internet forum. You take what you get, hope it's useful. If you want to be certain of background and credentials when you ask for "thoughts", you can certainly pay a lawyer or other consultant.