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HELP!! CONJUGAL PARTNER SPONSORSHIP

jerryca

Star Member
Aug 10, 2014
65
5
Category........
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Manila
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Pre-Assessed..
App. Filed.......
12-08-2014
AOR Received.
15-10-2014 (SA received)
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21-10-2014
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08-07-2014
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30-04-2015
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22-05-2015
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26-05-2015 (flagpole)
PMM said:
HI


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,
I understand the issues perfectly and have researched this type of application extensively. I think they have to focus on becoming common law partners. To do that in Canada, she is going to have to have to try again to stay 6 months and then extend. He will most likely have to have some visits on record to Argentina if they are to make any kind of credible PR application under this class.

She said he was a Canadian PR. She did not say he is a Canadian citizen or which passport he holds. If he is a Canadian citizen, he can stay in Argentina as a tourist for 90 days. I do not know about extensions but I do know there is a reciprocity fee which he would pay before he travels. I have traveled to Argentina many times on business but that was some time ago before the fee was introduced. If it is not possible for him to live in Argentina for 12 months then she has to try to live in Canada for 12 months, probably more than once.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
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Toronto
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FAM
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Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
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N/R - Exempt
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30-10-2012
LANDED..........
16-11-2012
jerryca said:
You do not have to get married to get the PR despite others advice here.
If you are able to get married but choose not to, a conjugal application has an incredibly high chance of rejection. It's not a 100% requirement and some conjugal apps in this situation may get through successfully, but the vast majority will fail.

See here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.45. What is a conjugal partner?
If a Canadian and a foreign national can get married or can live
together and establish a common-law relationship, this is what they are expected to have done
before they submit sponsorship and immigration applications.

for these individuals, marriage is usually not an available option. The conjugal partner category is mainly intended for partners where
neither common-law partner status nor marriage is possible

Because the other option – marriage – is not available to these couples,
 

zardoz

VIP Member
Feb 2, 2013
13,304
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London
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16-02-2013
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31-07-2013
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09-11-2013
Rob_TO said:
If you are able to get married but choose not to, a conjugal application has an incredibly high chance of rejection. It's not a 100% requirement and some conjugal apps in this situation may get through successfully, but the vast majority will fail.

See here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.45. What is a conjugal partner?
If a Canadian and a foreign national can get married or can live
together and establish a common-law relationship, this is what they are expected to have done
before they submit sponsorship and immigration applications.

for these individuals, marriage is usually not an available option. The conjugal partner category is mainly intended for partners where
neither common-law partner status nor marriage is possible

Because the other option – marriage – is not available to these couples,
And in the very same manual
People who are dating or who are thinking about marrying or living together and establishing a common-law relationship are NOT yet in a conjugal relationship, nor are people who want to live together to “try out” their relationship.
Sections 5.25 and 5.26 make the requirements much clearer.
 

BeShoo

Champion Member
Jan 16, 2010
1,212
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Gatineau
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CPP-Ottawa
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App. Filed.......
29-01-2014
AOR Received.
28-02-2014
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03-03-2014
Med's Request
19-06-2014
Med's Done....
07-08-2014
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None
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02-04-2015
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13-04-2015
zardoz said:
People who are dating or who are thinking about marrying or living together and establishing a common-law relationship are NOT yet in a conjugal relationship, nor are people who want to live together to “try out” their relationship.
In my opinion, this is the number one barrier to a conjugal application in this case. Even though they are pretty certain that they want to get married, they are not yet in a marriage-like relationship and this is why the application is certain to fail. The original post said, "... the only reason we haven't is because ..well let's face it we have never even lived together ..." They don't want to actually get married until they have "tried out" the relationship first. This is exactly the scenario that is not allowed.

At a minimum, the only case where a conjugal relationship application can succeed is where you can prove that you are in a long-term marriage-like relationship and you have been in that relationship for at least a year, living in every way possible as a married couple would live.

If you can prove (hard to do) that you are in a committed long-term relationship "of some permanence" and have considered yourself essentially already married for all that time, there is no reason why a conjugal relationship application absolutely cannot succeed, even if the "category is mainly intended for partners where neither common-law partner status nor marriage is possible."

You don't say how long it was after you first met in person that you entered into a permanent commitment, but if it was only a few months, it definitely weakens your case. The very idea that you plan to get married later also weakens your case, because it suggests that you don't really consider yourselves to be in a marriage-like commitment at the present time. I suppose that the short-term VR helps your case some, but you should have applied to extend that stay. If you had applied to extend the stay and had been refused, that would certainly help.

Canada deliberately changed the immigration process when they introduced the current act to no longer allow applications from fiancé(e)s or girlfriends and boyfriends. If there is any indication that you were in that status in the year leading up to your application date, you will likely be refused. It is not the job of the immigration officers to try to decide if you will be in a permanent relationship in the future. You must already be there.
 

hardworkinglady

Full Member
Sep 29, 2013
25
0
Hi Everyone,

I need help and advice too.

I am married in th Philippines but we are not in good terms for the past 10 years and had no marital obligation at all and did not demonstrate as couple anymore.

I found and met a Canadian guy in 2009 and meet personally in China where I used to worked for the past 5 years. We spent time together as happy couple for 10 days and wanted to stay longer together but because he has transportation business in Canada that needs his attention 24/7 required him to leave early. Plus since I am married in the Philippines and we don't have divorce law thats why we cant get married in my country. Also he cant stay longer in the Philippines because of his health condition that cant stand in the heat/high temperature that Philippines have had.

These are the immigration barriers why we failed to demonstrate as couple for at least a year and no proofs of joint bank account and properties etc. He is now 68 and i am 49. We wanted to be together and spent time together for the rest of our lives as we both getting old. I tried to apply a TRV sometime last year under category of Student taking up English course but cic refused because I wasnt convinced them that i will be back to Philippines.

Our questions are;

1. Can he sponsor me as conjugal partner?
2. Since I am married in the Philippines and it was shown in my passport my married family name, can I still use it in my application forms?
3. Or can I still try a TRV again?

We will be so delighted and happy to receive a replies/comments from you guys. Thank you very much.
 

BeShoo

Champion Member
Jan 16, 2010
1,212
36
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CPP-Ottawa
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Pre-Assessed..
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29-01-2014
AOR Received.
28-02-2014
File Transfer...
03-03-2014
Med's Request
19-06-2014
Med's Done....
07-08-2014
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None
VISA ISSUED...
02-04-2015
LANDED..........
13-04-2015
hardworkinglady said:
1. Can he sponsor me as conjugal partner?
He should be able to sponsor you, but whether it will be successful depends on a lot of different things. I would recommend that you look at the points in the grey box in http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg357741#msg357741 and in the two posts below it. You will want to have evidence that your current partner meets as many as possible of the points to be in a conjugal relationship and that your ex-partner doesn't meet these points. Many Philippine married couples are in a similar position and would like to be divorced, but you need some hard-copy proof. There is a lot of immigration fraud from the Philippines, so you have to be aware of that.

It sounds like you are still living with your partner in which the relationship went bad. This will make it more difficult and you will need to show that you are living separate lives.

I think that the age difference (to some extent) and the income difference (if there is one) might cause the immigration officer to question whether your relationship with your new partner is genuine, too.

hardworkinglady said:
2. Since I am married in the Philippines and it was shown in my passport my married family name, can I still used it in my application forms?
I don't think the name is significant in showing your marital status. Is it even possible to change it under Philippine law?

hardworkinglady said:
3. Or can I still try a TRV again?
You can try a TRV again, but I think you will probably be refused again unless something has changed in your favour in the meantime. As I said, there is a lot of immigration fraud from the Philippines and TRVs are seldom issued in these circumstances, as far as I know. They will be worried that you will just stay in Canada illegally.

hardworkinglady said:
Secondly he cannot stay away longer from his place since he have transportation business that needs his presence plus i tried to apply a TRV so we can be together longer but CIC refused me.
 

BeShoo

Champion Member
Jan 16, 2010
1,212
36
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CPP-Ottawa
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Pre-Assessed..
App. Filed.......
29-01-2014
AOR Received.
28-02-2014
File Transfer...
03-03-2014
Med's Request
19-06-2014
Med's Done....
07-08-2014
Interview........
None
VISA ISSUED...
02-04-2015
LANDED..........
13-04-2015
Oh I forgot to reply to the last quotation. The fact that he has to go to Canada for his job is not a good enough reason. It is his own decision to work at his business in Canada. No-one is forcing him to do that. It has to be such that someone else (laws, etc.) are forcing the two of you to be apart. The medical question might be a bit better reason, but I'm not sure about that either.
 

canadianwoman

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Nov 6, 2009
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For conjugal your lives have to be intertwined as much as possible - like a marriage. If you have no joint finances, CIC won't believe you are conjugal, probably.
If you have only been together for 10 days in several years, that looks bad too.
CIC does not accept work-related reasons as reasons you cannot live together.
All that being said, the Philippines has a higher success rate for conjugal applications than most countries simply because there is no divorce.
I would have him visit you more, combine finances more, and then a conjugal app might succeed.
 

hardworkinglady

Full Member
Sep 29, 2013
25
0
Thank you so much guys for your help. We both delighted to your advised. We still communicating until now almost twice a day to find a way what is the best way for us to be together.

My ex and I has no longer communicated for more than 10 years now. Filipinos can only change status if we can provide annulled papers but so difficult to apply an annullment because we dont have divorce law
 

BeShoo

Champion Member
Jan 16, 2010
1,212
36
Gatineau
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
29-01-2014
AOR Received.
28-02-2014
File Transfer...
03-03-2014
Med's Request
19-06-2014
Med's Done....
07-08-2014
Interview........
None
VISA ISSUED...
02-04-2015
LANDED..........
13-04-2015
hardworkinglady said:
Thank you so much guys for your help. We both delighted to your advised. We still communicating until now almost twice a day to find a way what is the best way for us to be together.

My ex and I has no longer communicated for more than 10 years now. Filipinos can only change status if we can provide annulled papers but so difficult to apply an annullment because we dont have divorce law
Communication is good, but it is only one of the many things that are involved. As canadianwoman says, finances are also very important. You ought to have a joint bank account, joint credit cards, wills leaving your property to your partner, life insurance policies, etc., or as many of those as possible. The social aspect is also important. you should be known as a couple to your friends and relatives if that is possible at all, and as many of the other things mentioned in that link as you can do.