There is a difference between common law partner and conjugal partner. The different posts in this thread have mentioned only
common law partner in your case, and that is what you and your girlfriend would be eligible for if you can prove that both of you have been
co-habiting and living conjugally – which means "as if married."
You will not qualify to apply for the Conjugal Category.
The Conjugal Category is for partners who have not had the opportunity to cohabit and live together continuously for a period of 12 months or more. Whereas, you and your girlfriend are currently in the same country with no restriction on your movement; so, you have always had the opportunity to cohabit and live together as if married.
The Conjugal Category is also for partners for whom marriage is not an available option usually because of marital status or *censored word*ual orientation, combined with an immigration barrier (for example, rules preventing partner and sponsor of long stays in one another’s countries). Whereas, where you and your girlfriend are concerned, Canada has placed no such restrictions on you. You are free at will to get married, and you have had ample time to get married.
Therefore, you will NOT qualify to apply as Conjugal Partners, but only as Common Law partners or as a married couple,
You MUST cohabitate because you have to live “as if married.” It has long been a traditional norm, which Canada recognizes that married persons should cohabitate together unless if there is a legal separation or divorce. And, other than cohabitating, you must also show proof of interdependency.
Be very careful with that clause because it has a very high burden of proof on the sponsor. The aunt /uncle must show that they do not have any brother or sister living in Canada or anywhere else. They must also prove that they do not have any children or grandchildren living in Canada or anywhere else. If the aunt /uncle have such relatives that are living – but outside of Canada, those relatives receive first preference before a niece. In other words, it is those relatives that would have the priority for them to sponsor and not a niece.
This also implies that the aunt /uncle has to show supporting documents like death certificates or newspaper orbituary announcements if that is the case for their brother(s) and sister(s), or proof that they were “an only child.” Also, it includes proof that they never had children, and if they have, what has happened to them.
It will be best to stay away from trying to apply under that clause, because it will be subject to a very high level of scrutiny by CIC as well as a very high burden of proof on the part of the aunt /uncle sponsor. I have explained in my earlier post that usually, only refugee survivors of genocide and ethnic cleansing as well as asylees have been able to successfully sponsor under that clause.
I cannot say whether or not there are loopholes; however, CIC has provided potential applicants with a lot of options by instituting different immigration programs and category of applicants, and they are kind of prejudiced towards applicants if they think that applicants are trying to go around the requirements in order to fit into an immigration category.
*** It is better to go with a winning immigration option than to go with an impossible option. ***
Assimilation into Canada’s society would not be grounds for applying under Humanitarian and Compassionate grounds.
Humanitarian and Compassionate grounds (HCG) also imposes a very high burden of proof on the applicant, and the political policy behind this immigration category is for refugees, asylum seekers, escaping the death penalty, honor killings, female circumcision, victims of human trafficking, and a couple of others in such like terms.
Even when these people apply under this category, some of them are still denied, and some of them would appeal the denial, and only a small percentage have been known to win upon appeal. It can be a tedious process - applying under HCG.
This is not an advisable option for your girlfriend; in fact, it is well known that the Humanitarian and Compassionate route can be the fastest way to deportation proceedings being initiated after the applicant has been denied. Don’t let your girlfriend fall into the trap.
The best way to help your girlfriend is to see whether you can sponsor her as your common law partner, and if you cannot meet the requirements of cohabitation and interdependency; then your next option is to marry her.
Trying to do otherwise will result in a likelihood that your girlfriend's legal status in Canada could be compromised and put in jeopardy, and I'm sure you wouldn't want that.
maax said:
Hey thanks for your response, quick question.
1. So if we start living together for one year and join some finances( bank accounts, bills, etc) this will show a conjugal relationship and then I can sponsor her right? I know if you marry it takes like 2-4 months.
Now do you have to co-habitate? What is you show inter dependency financially trough bills, bank accounts, etc.
2. Also, taken from the family class. Here is the clause
another relative of any age or relationship if none of the above relatives could be sponsored, and you have no other relatives who are Canadian citizens, persons registered as Indians under the Indian Act or permanent residents; and
Now I do believe that her /uncleaunt who are here have no other relatives who are Canadian citizens. So by sponsoring my GF, she could be the only other relative here.
I know there are loop holes and ways to expedite this. Last year I contacted an MP and had him expedite the issuing of my citizenship card so that I got it in 2 weeks and not 7 months.
Now lastly, what about humanitarian grounds, liike she has already assimiliated into the Canadian way of life,already has a job offer , has a top notch, high in demand Human Resources Certificate which is equal to 2 years of work experience, learned french, etc.
Thanks for your input dude
Maax
