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fullmooncirc

Full Member
May 8, 2015
29
4
Hey everyone,

I'm in need of some advice for my case. My boyfriend (26 years old) is a Permanent Resident and lives in Toronto, ON. I (22 years old) am a citizen of Argentina. We have been in a long distance relationship for the past 18 months and we are applying as conjugal partners. Due to immigration barriers we have only spent 3 months total in each other's actual physical company. We are so tired of being apart, we want to start a life together as soon as possible, if it had been easier we would have already been living together for a long time.

I am just worried about the evidence required. In all honesty, we don't have any legal impediments to get married the only reason we haven't is because ..well let's face it we have never even lived together. We are certain we want to get married in the future but we want to do it the right way... we want to start a family naturally and not rushed by immigration.

What evidence could we provide to make our case stronger? We don't have joint bills or bank accounts but we will change that if necessary.
And do affidavits from friends and family need to be signed by a notary public?

Any advice would help!! THANK YOU!
 
fullmooncirc said:
In all honesty, we don't have any legal impediments to get married the only reason we haven't is because ..well let's face it we have never even lived together.

This is why, IMHO, a conjugal partner sponsorship will likely fail.

It's unfortunate, but that's how the Family Class Sponsorship stream works. Canada doesn't want to give you a PR Card, just so that you can `test the waters' to see if you want to then get married.
 
Conjugal has no chance of succeeding. You'll need to either get married or become common law to apply.
 
What's stopping you from visiting him for longer than 3 months? If CBSA only gives you 3 months at the border, you are within your rights to apply online for an extension of your stay. You can do it all online. You explain in the letter of explanation that you've been doing the long-distance + several visits already, and now you want to attain common-law partnership status together. Your bf should also write to explain that he wants the same thing.

If your extension request gets rejected, then you might have more standing for your conjugal partner status, but until you get actual proof of rejection that your countries won't allow you two to stay together, you're out of luck (in my opinion).

Oops, Ponga reminded me of the main issue:

[quote author=Ponga]Remember...choosing not to get married is the critical piece of information.[/quote]
 
surleplateau said:
If your extension request gets rejected, then you might have more standing for your conjugal partner status, but until you get actual proof of rejection that your countries won't allow you two to stay together, you're out of luck (in my opinion).

Unlikely, since they could easily get married while she is in Canada...submit an Outland application and return to Argentina while awaiting PR.

Or...get married in Canada and submit an Inland application along with an Open Work Permit before her visitor status expires. The implied status would allow her to stay in Canada and would give her the OWP in ~ 4 months time.

Either option pretty much kills any chance of a Conjugal Partner application, IMHO.

Remember...choosing not to get married is the critical piece of information.
 
surleplateau said:
What's stopping you from visiting him for longer than 3 months? If CBSA only gives you 3 months at the border, you are within your rights to apply online for an extension of your stay. You can do it all online. You explain in the letter of explanation that you've been doing the long-distance + several visits already, and now you want to attain common-law partnership status together. Your bf should also write to explain that he wants the same thing.

If your extension request gets rejected, then you might have more standing for your conjugal partner status, but until you get actual proof of rejection that your countries won't allow you two to stay together, you're out of luck (in my opinion).

In Feb 2015 I arrived in Toronto with the intention of staying 6 months as a visitor and extending my stay to live as a common law couple. But our plans were crushed when I got a visitor record at the border and was only allowed to stay 27 days... I was given a letter and told to return it as I left the country so that the system would know that I didn't violate my visitor conditions. So I wasn't left with any proof that happened although I;m guessing if I mention it in an explanation letter they would be able to see the records...

Does this make our case stronger? That I got a visitor record so I wasn't allowed to stay?
 
No. You could have married while you were here. Don't waste your time and/or money on a conjugal application that will surely fail.
 
Sorry, what the others are saying is totally right. You could have gotten married.

If you get a time limit of X days or hours by CBSA -- you could have asked CIC to extend you stay.

Conjugal is very very very unlikely (aka impossible without some serious legal/immigration barriers) for US-Can.
 
As said above: save your time and money.
It -probably- won't work as conjulgal partner.
 
fullmooncirc said:
Does this make our case stronger? That I got a visitor record so I wasn't allowed to stay?

No. There was nothing stopping you from applying to CIC to extend your stay beyond 27 days.
 
Conjugal won't work for another reason as well. For conjugal you have to prove you have had a relationship like a marriage for a year. So you will have to show combined finances for the last year at least. You don't have this.
 
canadianwoman said:
Conjugal won't work for another reason as well. For conjugal you have to prove you have had a relationship like a marriage for a year. So you will have to show combined finances for the last year at least. You don't have this.

You also need to prove why you couldn't get married... 27 days in Canada and you could have definitely gotten married so it would fail. It sounds harsh but it is what it is and I'm telling you right now it will fail.
 
fullmooncirc said:
In Feb 2015 I arrived in Toronto with the intention of staying 6 months as a visitor and extending my stay to live as a common law couple. But our plans were crushed when I got a visitor record at the border and was only allowed to stay 27 days... I was given a letter and told to return it as I left the country so that the system would know that I didn't violate my visitor conditions. So I wasn't left with any proof that happened although I;m guessing if I mention it in an explanation letter they would be able to see the records...

Does this make our case stronger? That I got a visitor record so I wasn't allowed to stay?

You do not have to get married to get the PR despite others advice here. You will have to demonstrate that you have been unable to live together as common law partners. i do not believe the conjugal partner route is impossible for M-F partners if the circumstances are right and you can support a genuine relationship.

I expect to have success in this route in the next couple of weeks.

My advice is keep applying for TRVs to be together and try to be together. All of your attempts are on record with any application you make.
 
fullmooncirc, is your partner a Canadian citizen?
 
HI

jerryca said:
You do not have to get married to get the PR despite others advice here. You will have to demonstrate that you have been unable to live together as common law partners. i do not believe the conjugal partner route is impossible for M-F partners if the circumstances are right and you can support a genuine relationship.

I expect to have success in this route in the next couple of weeks.

My advice is keep applying for TRVs to be together and try to be together. All of your attempts are on record with any application you make.


You really don;t have a clue about spousal Immigration do you? There are no impediments to them either marrying or him moving to her country to live in a C/law relationship. I suggest that you go to www.cic.gc.ca and search for conjugal,