Does any body know of any Successful Conjugal partner applications?

[AllisonVSC]

I applied using the outland conjugal partner application. I was also told by several people in one of these forums that under no circumstances would I get approval in this class. BUT I DID. I sent my application on Aug 11, 2009. Sponsor approval took about 3 weeks and they shipped my application to Buffalo for processing. I got a notice to submit my passport about 10 days ago and went to Buffalo in person on Nov 12, 2009. All in all it took less than 3 months.
If anyone would like more information about my case I will be glad to share it. I'm American, we're heterosexual, there is no reason why we can't marry, and we could not establish the one year cohabitation required to be common law.

 

[AllisonVSC]

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Are you a UK citizen? If so, then you are visa-exempt meaning that you do not need a visa to enter Canada so you have no immigration barrier which is one of the factors they will look for when you apply for conjugal. And vice versa, he doesn't need a visa to visit you. I would suggest that you read through this thread on the same topic: http://www.canadavisa.com/canada-immigration-discussion-board/-t15335.0.html

"The conjugal partner category is mainly intended for partners where neither common-law partner status nor marriage is possible, usually because of marital status or *censored word*ual orientation (both analogous grounds of discrimination under the Charter), combined with an immigration barrier. .......[The conjugal category] is not intended to be used to avoid the usual requirement to be a spouse or common-law partner before immigrating. .......People who are dating or who are thinking about marrying or living together and establishing a common-law relationship are NOT in a conjugal relationship"
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I disagree with Ariell on this point. Being from a visa exempt country does not mean there is "no immigration barrier" to establishing a common law relationship. Visa exempt visitors are only allowed to stay for 6 months though you can apply for an extension to a temporary resident visa while your application is being processed.

 

[mitamata]

Congratulations on your approval

Still, the fact remains that other people in the same situation as you have been denied in the conjugal category. The reason why we advise against it is because too much is left at the discretion of the IO - the operating manual says both that you shouldn't have to marry as well as that if you can marry or live together, you're expected to do so. It's up to the IO to decide which to follow, so it all depends on which IO you get. One might approve you with no questions asked, another might reject the app. It's a gamble.
Whoever told you that you would under no circumstances not get approval was wrong (wasn't me, was it? >_>), as there's really no way to know until you try it. But it's much less of a gamble if you just get married.

 

[AllisonVSC]

No mitamata, it was not you but it was on the other immigration website (you are on at least two with the same username, right?). Fortunately I found a post by a guy telling his tale of unmarried US/Canada heterosexual conjugal partners getting approved and I felt a little less discouraged.

 

[prossih]

Hi, my girlfriend got accepted by quebec as an Aide Familier, however, I had to leave Quebec due to my business obligations in Paraguay.
Now, we have to fill the form, regarding the Statutory Declaration of common law union, but I am in Paraguay and she is in Quebec.
Since the form we are using, is for people applying outside Canada, how can we prove this, I mean swear in front of what kind of an officer?
Will a notary (duly translated of course) do? Can she authorize somebody to swear for her? I am a lawyer here, and according to the law, people can get married by authorization (interpositum nuptiae in latin). Please help.
Pablo

 

[Anthem]

congrats AllisonVSC! I am in the process of filling my forms via conjugal and i'm having mixed feelings about it =/. I believe I have enough proof to show that our relationship is genuine but i am not too sure how it will all end up. If you don't mind me asking, can you share some more insight to what you did with your application? Like what sort of proofs did you guys use, how many pictures, letters, etc.? Did you have to explain why you didn't get married?

I think your case is easier to be put together than mine because you're an American(ahem, Canadian). My partner is from a developing country and its sort of hard to get much proofs besides pictures and letters. We have to use phonecards to call because it is the only cheapest way, but i've heard IO do not accept phonecards as proofs =/. On top of that, i'm a student on OSAP and do not make much. I'm hoping that through tons of searching through this forum, it will help me put together a strong case.

 

[AllisonVSC]

Anthem, Our application was over 200 pages and included many emails which established our love and mutual respect for each other, our attempts to reconcile the long distance/different country problem and our interdependency (I included some where he was talking about his concerns for his son's school performance). We drafted a chronology of our relationship with pictures of us together and with each other's families from 2004-present. I included the handwritten draft with both our writing on it and a typed "final" document with imbedded pictures. There were flight itineraries, copies of joint bank statements and insurance beneficiary info, estensive evidence that he tried to find a job in the US, copies of the stamps in our passports, about ten letters and emails from friends and family declaring our relationship to be true and genuine. I wanted to make sure our application was convincing because I had heard that conjugal partner status was hard to get if there is no barrier to marrying. I also carefully labeled and bundled each section to match the document checklist to make the IO's job as easy as possible. We did not explain why we didn't marry except on the question of was there a ceremony or recognition to which I replied no, because it was not appropriate. By the way, we are (I laugh before I even type this because I don't think of us this way) an older couple; I'm 45 and he's 52. We have both been married and divorced. He has a grown son here in Canada and I have no children. I think it was pretty clear in our application that we had seriously considered all the alternatives for making a live together (he moves to the US, I move here, or we both move somewhere else). I originally intended to apply for skilled worker status but my profession was removed from the list just as I was starting the process. Conjugal partner was a last resort. I hope you find my reply informative. Best wishes for a speedy and successful process.

 

[juliankatie]

What are the consequences should we apply as conjugal (outland) and get denied? Are we able to apply again later as spouse or will we have problems? Thanks!

 

[mitamata]

If you apply as conjugal partners and get refused, you will have the option the appeal that decision. The appeal process can be rather lengthy though. If you chose not to appeal, you can apply again - as spouses or even as conjugal partners again. If you reapply as spouses, I don't think you will have issues, assuming you include enough evidence of your relationship. If anything, I think your reapplying would show you're dedicated to your relationship and would certainly not be counted against you.

 

[juliankatie]

The appeal process can be rather lengthy though. If you chose not to appeal, you can apply again - as spouses or even as conjugal partners again. If you reapply as spouses, I don't think you will have issues, assuming you include enough evidence of your relationship. If anything, I think your reapplying would show you're dedicated to your relationship and would certainly not be counted against you.

Thank-you Mitamata. How long is lengthy? I guess the only issue with re-applying is that we'd have to pay again. Also if we apply Outland and are denied, then he comes a visitor will that be a red flag?

 

[mitamata]

You would get the Right of Permanent Residency fee back, so that's at least $490 that you wouldn't have to pay again. The appeal has it's own expenses, most people hire a lawyer to represent them and you know how high those costs can be.
For timelines - it looks like it takes at least 6 months and up to a year from the date you get rejected to get a hearing scheduled.