Fellow Lovely Human Beings - Need Advice on Conjugal Application

[Zzeeshan86]

*UPDATE*

So, my partner applied to New Zealand for a visitor's visa twice and got rejected both times. They stated that he does not qualify because it doesn't seem he's a Bonafide candidate and that he would leave the country afterwards, even though we submitted all the required documents plus provided evidence of our relationship. We wanted to go there to get married. :'(

What do you guys think should be our next step? We are considering two options:

1. Apply for a visitor's visa to South Africa and get married there. Heard it's relatively easier to get a visa there.

2. Apply for a Canadian TRV and take our chances. Again, we don't want to risk this option because then proving conjugal would be difficult afterwards.

After the visa rejection by New Zealand immigration, we are disappointed and don't think we could get a visa to any European countries even. What do you guys suggest? Thanks.

 

[mikeymyke]

You go to his home country and get married there, then apply outland.

 

[canadianwoman]

1. Apply for a visitor's visa to South Africa and get married there. Heard it's relatively easier to get a visa there.

2. Apply for a Canadian TRV and take our chances. Again, we don't want to risk this option because then proving conjugal would be difficult afterwards.

Trying for the South African visa is fine. However, he should apply for a Canadian TRV. If he gets one, you two can get married in Canada. You can then apply to sponsor him either inland (where he would have to stay in Canada with you for the duration of the processing) or outland (where he could stay in Canada as a visitor, or could live outside Canada). It is true that if he gets a TRV for Canada, a conjugal application would not work, but it doesn't need to work: you two can get married and then you can sponsor him as your spouse; or you could live together for one year and then sponsor him as your common-law partner.

If he does not get the Canadian TRV, then this is part of the evidence you will need to prove that you had immigration barriers to getting married or living common-law.

 

[fol]

Hi, are you 100% sure you guys meet the definition of conjugal?

My immigration lawyer said we have lots of proof like we have joint bank account, i include her to
my life insurance and bank beneficiary, She got denied last 2015 for Tourist visa here in Canada, We have statutory declaration letters from our relatives and friends, we have lots of pictures together to different places like bangkok and some tourist spots in Phil, I send her money to her thru western union since 2014, I send her some gifts and love letters, i also print some of our conversation on email and facebook, and my fido SOA.

I just hope everything will materialize. Coz its so expensive.

 

[fol]

Agreed. Conjugal partners cannot be included as dependents in economic applications.

Coz they said if i will not include her on my application, I cant sponsor her in the future coz they said all our proofs started before i applied PR. Do you know some applicants who got refused with this kind of situation?

 

[fol]

Trying for the South African visa is fine. However, he should apply for a Canadian TRV. If he gets one, you two can get married in Canada. You can then apply to sponsor him either inland (where he would have to stay in Canada with you for the duration of the processing) or outland (where he could stay in Canada as a visitor, or could live outside Canada). It is true that if he gets a TRV for Canada, a conjugal application would not work, but it doesn't need to work: you two can get married and then you can sponsor him as your spouse; or you could live together for one year and then sponsor him as your common-law partner.

If he does not get the Canadian TRV, then this is part of the evidence you will need to prove that you had immigration barriers to getting married or living common-law.

seek an immigration lawyer. its better to ask for their opinion.

 

[canuck_in_uk]

Coz they said if i will not include her on my application, I cant sponsor her in the future coz they said all our proofs started before i applied PR. Do you know some applicants who got refused with this kind of situation?

Your lawyer is wrong. If you were common-law or married and didn't include her, then you would have problems. However, she is just considered your girlfriend right now and cannot be included.

seek an immigration lawyer. its better to ask for their opinion.

Not always. Your lawyer gave you completely wrong information.

 

[Zzeeshan86]

*UPDATE*

So, we tried to avail every possible way to get married but couldn't. The New Zealand visa as well as Schengen visa were refused stating that my partner will not return back from the respective countries. We can't apply to South Africa or Argentina, the other places where marriage was possible, as we would need some reference letter from someone from the country but we don't know anyone. I guess, what's left is to try going for the conjugal option as it seems we have a genuine case now.

Just a question and please anyone who knows the answer, please help in any way: Once I sponsor my partner and he comes to Canada, can I exit Canada to work in another country or after how long can I leave? I will have to work in the US considering the kind of field I'm in, I will get work only in the US. Hoping, I can get some answers. Thanks.

 

[Bcboundboy]

*UPDATE*

So, we tried to avail every possible way to get married but couldn't. The New Zealand visa as well as Schengen visa were refused stating that my partner will not return back from the respective countries. We can't apply to South Africa or Argentina, the other places where marriage was possible, as we would need some reference letter from someone from the country but we don't know anyone. I guess, what's left is to try going for the conjugal option as it seems we have a genuine case now.

Just a question and please anyone who knows the answer, please help in any way: Once I sponsor my partner and he comes to Canada, can I exit Canada to work in another country or after how long can I leave? I will have to work in the US considering the kind of field I'm in, I will get work only in the US. Hoping, I can get some answers. Thanks.

If you have tried 'every possible way to get married', does that include applying for a visitor visa to Canada? (You only refer to NZ, EU, ZA & AR). Also, Brazil, and Mexico. Whilst he may well be refused permission to visit Canada, if he can travel there, you can get married, and there will be no bar to establishing a relationship, so you must exhaust that possibility before you file a conjugal application.

As Condition 51 is still around, if you successfully sponsor your partner to Canada, you must live together as a couple for 2 years after his arrival, or he could lose his PR status. If you marry in Canada (either on visitor permit, or after conjugal sponsorship), he will be able to accompany you to the US, and as you are a citizen, the days spent with you will count as days towards maintaining his PR status.

 

[Rob_TO]

*UPDATE*

So, we tried to avail every possible way to get married but couldn't. The New Zealand visa as well as Schengen visa were refused stating that my partner will not return back from the respective countries. We can't apply to South Africa or Argentina, the other places where marriage was possible, as we would need some reference letter from someone from the country but we don't know anyone. I guess, what's left is to try going for the conjugal option as it seems we have a genuine case now.

Just a question and please anyone who knows the answer, please help in any way: Once I sponsor my partner and he comes to Canada, can I exit Canada to work in another country or after how long can I leave? I will have to work in the US considering the kind of field I'm in, I will get work only in the US. Hoping, I can get some answers. Thanks.

As mentioned showing a TRV refusal to Canada would be essential to any conjugal application.

Most likely by the time the app is approved, the whole conditional PR rule will be gone.

So as long as USA will allow him admission, he can live with you in USA for as long as you want and still maintain his PR RO.

 

[Rob_TO]

If you marry in Canada (either on visitor permit, or after conjugal sponsorship), he will be able to accompany you to the US, and as you are a citizen, the days spent with you will count as days towards maintaining his PR status.

There is no need to get married. After 1 year living in the US they will be common-law, so would then satisfy the RO for accompanying a Canadian citizen based on that.

 

[Bcboundboy]

There is no need to get married. After 1 year living in the US they will be common-law, so would then satisfy the RO for accompanying a Canadian citizen based on that.

For the Canadian RO, yes, my more immediate concern was the partner being allowed into the US long-term (which, not knowing much about US immigration rules, I presume is easier for a married partner accompanying spouse for work than it is for a boyfriend, even one sponsored for residency elsewhere)

 

[Rob_TO]

For the Canadian RO, yes, my more immediate concern was the partner being allowed into the US long-term (which, not knowing much about US immigration rules, I presume is easier for a married partner accompanying spouse for work than it is for a boyfriend, even one sponsored for residency elsewhere)

Yes good point. Not even sure how US looks at common-law status for family members of those on a work permit.

 

[Zzeeshan86]

Thank you Bcboundboy and Rob_TO for your replies. So, we had not applied for the temporary resident's visa to Canada. But after much painstakingly effort and based on your suggestion, we finally did so. Our application is weak but hoping for the best.

 

[Aquakitty]

That's good, but where does it say you need a letter of invitation for an SA visa? I only see it required for work visas.