*help* conjugal application QUEBEC

[08tiff]

Hi,

My story goes like this, I met my girlfriend (same sex rel) on a dating app last March 2019, I live in the Philippines while she was based in Singapore at that time. We officially became a couple on April 2019. Before she migrated to Montreal on September 2019, she visited me in Manila in August 2019 and spent 10 days together. Me on the other hand spent 3 days with her in her hometown in Cebu on September 2019 (weeks before she flew going to Canada). I just want to know if we are applicable for conjugal law application, I know it has to be marriage like so the evidences we have are the following:

-boarding pass for both the time we have visited each other (August and Sept 2019)
-emails, chats, video calls, phone calls
-remittances receipts (we only have few remittances receipts right now because she just started sending me last Nov 2019)
-joint account in Philippines (someone advised her that the joint account should be at least 2 years active? is it true? I opened the account this March even without her presence)
-we can provide letters from friends (is it okay if it doesn't have pictures with us as a proof?)
-letter from family ( I can provide one from mine because hers doesn't know it yet because of our situation)
-gifts for each other
-letters/cards/flowers
-pictures of us together in both times we were together in person (I can show that we are in a genuine relationship)
-I am one of her beneficiary in her work besides her family
-I have applied a TRV although it's still on process (covid19 situation has affected me with the application) if in case it's denied, I can provide it as proof as immigration barrier

I want to know if we can submit the application once we have completed the requirements or is it not strong enough to be approved? Does she need to visit me here in the Philippines or do we need to travel together that would mean we are really in a genuine relationship? We both know that we are the one for each other already even though we are only in our first year as a couple.. Do we have to wait more for like a year? She just became permanent at her job so it would be quite impossible for her right now to visit me here in Manila this year to take a leave plus I can't pressure her to just take a leave because she has a family to support right now..

 

[k.h.p.]

You have to wait until you see what happens with the TRV.

What is her barrier from living with you in the Philippines, aside from COVID - is it illegal for two women to live together in Philippines? Is she married and unable to get a divorce due to Philippines processes? Just having a job she can't take leave from is unfortunately not enough.

The legal and immigration barriers have to exist on both sides.

 

[08tiff]

You have to wait until you see what happens with the TRV.

What is her barrier from living with you in the Philippines, aside from COVID - is it illegal for two women to live together in Philippines? Is she married and unable to get a divorce due to Philippines processes? Just having a job she can't take leave from is unfortunately not enough.

The legal and immigration barriers have to exist on both sides.

Thank you.

Yes, same sex marriage is not legal in the Philippines.

I just wonder if our evidences are strong enough for the application?

 

[jddd]

Thank you.

Yes, same sex marriage is not legal in the Philippines.

I just wonder if our evidences are strong enough for the application?

same sex marriage is not recognized but 2 women living together is fine.

 

[08tiff]

same sex marriage is not recognized but 2 women living together is fine.

We cannot live together for a year that is why we are not applying for Common law. Same sex relationship is also not recognized in the Philippines. Aside from her job in Canada, she could not live with me here in the Philippines because of the illegality of the same sex marriage/relationship. She can visit me here, but not live with me in the Philippines for a year unfortunately.

 

[Eveslm]

We cannot live together for a year that is why we are not applying for Common law. Same sex relationship is also not recognized in the Philippines. Aside from her job in Canada, she could not live with me here in the Philippines because of the illegality of the same sex marriage/relationship. She can visit me here, but not live with me in the Philippines for a year unfortunately.

Issue is not about the relationship being recognized. Unless it is prohibited, then you could live together and apply as common law. You also should be able to show that you are not able to get married in a 3rd country. And since you have applied for TRV, you will need to wait for the decision, if it is approved, then you wont qualify for conjugal

 

[canuck_in_uk]

Issue is not about the relationship being recognized. Unless it is prohibited, then you could live together and apply as common law. You also should be able to show that you are not able to get married in a 3rd country. And since you have applied for TRV, you will need to wait for the decision, if it is approved, then you wont qualify for conjugal

There is NO requirement for conjugal to show that the couple cannot marry in a third country. They only need to show barriers for Canada and the applicant's country.

 

[Eveslm]

There is NO requirement for conjugal to show that the couple cannot marry in a third country. They only need to show barriers for Canada and the applicant's country.

This means if the TRV is denied then they can apply conjugal?

 

[jddd]

We cannot live together for a year that is why we are not applying for Common law. Same sex relationship is also not recognized in the Philippines. Aside from her job in Canada, she could not live with me here in the Philippines because of the illegality of the same sex marriage/relationship. She can visit me here, but not live with me in the Philippines for a year unfortunately.

I am Filipino. Same sex relationships are not illegal in the Philippines so it is her job that prevents her from living with you in the Philippines, there is no immigration or legal barrier. That needs to be clarified. Unsure whether your conjugal application will succeed citing her need to stay in Canada for her job as I do not have personal experience but you can always try. What concerns me, and this may just be me, is that you may not have "strong enough" ties to prove a marriage like relationship since you have not even been together for even a year as of today. Would suggest trying the Philippine thread who may be able to provide more advice.

 

[canuck_in_uk]

I am Filipino. Same sex relationships are not illegal in the Philippines so it is her job that prevents her from living with you in the Philippines, there is no immigration or legal barrier. That needs to be clarified. Unsure whether your conjugal application will succeed citing her need to stay in Canada for her job as I do not have personal experience but you can always try. What concerns me, and this may just be me, is that you may not have "strong enough" ties to prove a marriage like relationship since you have not even been together for even a year as of today. Would suggest trying the Philippine thread who may be able to provide more advice.

Same-sex couples from the Philippines have been successful in applying for conjugal before by showing a barrier to common-law because of the discrimination/harassment same-sex couples face when open and living together.

The job in Canada is not a valid reason. That is specifically stated by IRCC. Genuine couples are expected to give up jobs to be together.

You are correct that conjugal requires at least one year of a provable relationship.

 

[08tiff]

I am Filipino. Same sex relationships are not illegal in the Philippines so it is her job that prevents her from living with you in the Philippines, there is no immigration or legal barrier. That needs to be clarified. Unsure whether your conjugal application will succeed citing her need to stay in Canada for her job as I do not have personal experience but you can always try. What concerns me, and this may just be me, is that you may not have "strong enough" ties to prove a marriage like relationship since you have not even been together for even a year as of today. Would suggest trying the Philippine thread who may be able to provide more advice.

Yes, one of my concerns is our relationship. It would be hard to prove that we are in a marriage like relationship even though we have evidences to show. She just moved to Montreal last September 2019, basically she's still adjusting on her life there. Maybe we should wait more? As of now I'm waiting for the answer from my TRV application.

 

[08tiff]

Same-sex couples from the Philippines have been successful in applying for conjugal before by showing a barrier to common-law because of the discrimination/harassment same-sex couples face when open and living together.

The job in Canada is not a valid reason. That is specifically stated by IRCC. Genuine couples are expected to give up jobs to be together.

You are correct that conjugal requires at least one year of a provable relationship.

Yeah, even though we can say that same-sex relationships are not illegal in the Philippines, up until now, we still face discrimination from other people. Hence, we cannot be open with our relationship. We like to live in a country wherein we could be more open without thinking what others will say- If we were to compare Canada to Philippines, Canada is the much better option to live together. We are not targetting the common law application because we know we needed a continuous one year living together (Although if I get an approval from TRV, that would be an another story)

If her job is not a valid reason, how about her studies? I heard that French studies is so important especially in Quebec, but will IRCC view it as a valid reason? Is it advisable for her to visit me here in PH first?

If ever I get a refusal from my TRV application, it would also be an advantage as we have more time to save, provide more evidences, etc. We have planned to apply this year, but maybe we have to prove our genuineness more?

 

[canuck_in_uk]

Yeah, even though we can say that same-sex relationships are not illegal in the Philippines, up until now, we still face discrimination from other people. Hence, we cannot be open with our relationship. We like to live in a country wherein we could be more open without thinking what others will say- If we were to compare Canada to Philippines, Canada is the much better option to live together. We are not targetting the common law application because we know we needed a continuous one year living together (Although if I get an approval from TRV, that would be an another story)

If her job is not a valid reason, how about her studies? I heard that French studies is so important especially in Quebec, but will IRCC view it as a valid reason? Is it advisable for her to visit me here in PH first?

If ever I get a refusal from my TRV application, it would also be an advantage as we have more time to save, provide more evidences, etc. We have planned to apply this year, but maybe we have to prove our genuineness more?

No, studies are not a valid reason. As with jobs, genuine couples give up/defer studies to be together.

She should visit as much as possible.

 

[08tiff]

No, studies are not a valid reason. As with jobs, genuine couples give up/defer studies to be together.

She should visit as much as possible.

Thank you so much.

I guess we have to wait the response for my TRV application then we decide from there.

 

[jddd]

Same-sex couples from the Philippines have been successful in applying for conjugal before by showing a barrier to common-law because of the discrimination/harassment same-sex couples face when open and living together.

The job in Canada is not a valid reason. That is specifically stated by IRCC. Genuine couples are expected to give up jobs to be together.

You are correct that conjugal requires at least one year of a provable relationship.

I agree but the Philippines have also evolved recently. Discrimination/harassment has not been as prevalent as it used to be, so much so that companies are now even allowing same sex couples to sign each other up as dependents on HMOs. I think a same sex couple who wants to use this reason should provide proof that they have experienced it to make their application stronger, but that's just me. Out of at least 30 same sex couples I know, not one has experienced discrimination/harassment.