Hi I need help!

[firefly_spark]

Hi,
I'm new here and I really need some advice, it's probably very simple and I'm being foolish but there are so many forms and categories I don't know what to do.

Basically I came to Canada for a visit last September and I met my boyfriend, 2 weeks after I got here we started dating and I have been extending my stay to be with him. Now we are planning on applying for permanent residence via conjugal class, but I have no idea which forms I am supposed to use as I am in Canada and will be when we apply. There's categories for those where your partner is living with you in Canada and for those whose partner is out of country. I don't live with him but I am in Canada.

Colour me daunted
Any help greatly appreciated.

 

[MissyIffy]

Inland, cause you're in Canada.

But under the class for applying, you have to give a good explanation of why you are not living together. After you get PR they expect you to live together, so you need to explain why now, even though you live in Canada to be with your partner, you're not living under the same roof.

 

[matthewc]

Inland, cause you're in Canada.

That's not the case. Being in Canada doesn't mean you have to use the in Canada application. See here for an overview of the differences:

http://immipedia.ca/Overseas_vs_In_Canada

But under the class for applying, you have to give a good explanation of why you are not living together. After you get PR they expect you to live together, so you need to explain why now, even though you live in Canada to be with your partner, you're not living under the same roof.

I'd actually go further than that and say that, if they are not married, and not living together, there is no way they will be approved in this situation. CIC requires you to be married, or in a common-law relationship in order to immigrate on the basis of your relationship. Common-law means you have to have been living together for more than one year continuously. Being boyfriend and girlfriend and wanting to stay together doesn't cut it, the relationship has to be more serious than that, and not living together will be seen as an indicator that it's not serious.

The conjugal class is designed for people who would get married, but cannot (e.g. because of legal restrictions on marriage in the country where they are) or would qualify as common-law but cannot do so usually because of circumstances far outside their control, such as visa/immigration restrictions preventing them from living together. Applying in the conjugal partner class when you're both in Canada, could get married if you chose to do so, and are choosing not to live together, is the express route to a refusal.

I'd suggest reading over processing manual OP2 to get an idea of what they expect to see from spouse/common-law/conjugal class sponsorships.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

 

[MissyIffy]

I didn't know that she could still apply as outland! I guess that's a beneficial option if the outland office is faster.

 

[BeShoo]

Yes, yu can apply outland if your permanent place of residence is still in some other country, and if it isn't you wouldn't be applying for PR anyway.

About your situation, I first have to say that dating doesn't count. You have to figure out when you stopped dating and entered a permanent marriage-like relationship. Also, it will be hard to explain how you could possibly be in a conjugal relationship in the same country and still not be living together. What is stopping you from living together? Usually, it has to be an immigration barrier to qualify. Now, it's remotely possible that you could be cohabiting and still maintaining separate residences, but this would be extremely hard to prove. Read this message for more information on that: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg357760#msg357760

Read the message just above there to see if yours really is a conjugal relationship. It sounds nearly impossible for you to qualify in such a class, but there may be very unusual circumstances that would make your case exceptional.

 

[midnightmav]

You can apply either inland or outland. Outland if you are refused you have the right to appeal. Also if you apply inland you are not supposed to leave the country while your application is being processed. It's faster to apply outland (even if you are in the country). I'm doing this and it's pretty quick. Matthewc is right about applying as conjugal, you need some serious support evidence.

 

[firefly_spark]

Hello,

Thanks for the input. Believe me we know the odds are stacked against us. We aren't applying anytime soon, we just wanted to get the little things straight first. We are trying to work a way for us to live together so we can apply common law instead. I'm just having issues finding work that will sponsor me so I can support myself and contribute.

Thank you muchly

 

[frappii]

Hi

I think applying as common-law is better than conjugal. Reason being, most of the time, conjugal application is for those who can't be together (or get married) due to immigration and sexual orientation barriers.

Good luck!

 

[matthewc]

Hello,

Thanks for the input. Believe me we know the odds are stacked against us. We aren't applying anytime soon, we just wanted to get the little things straight first. We are trying to work a way for us to live together so we can apply common law instead. I'm just having issues finding work that will sponsor me so I can support myself and contribute.

Thank you muchly

I'd really advise you to not bother applying in the conjugal class when you're in the same country. You're almost certainly going to waste $550 getting rejected and having to re-apply once you're married, or appeal (I doubt you'd even win on appeal given what you've told us). Please don't take this the wrong way, but if your relationship is really serious enough for immigrating, you need to get married or figure out a way to live together for a year first.

Read over the OP2 manual I linked to above, specifically section 5.25 - it's quite specific in excluding your situation from eligibility:

"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."