I MET MY CONJUGAL PARTNER ONLINE

[canadalover4987]

sorry canadalover, been busy last few days.

1. we are together now and we do not have plans to marry yet. in fact, i just got my certificate of divorce two days ago so am only now legally entitled to re-marry. we are working on a legal cohabitation agreement which in Canada continues as a prenup if we do in fact decide to marry.
2. we submitted proof of our relationship including our several years of communication, our travel history together, our joint assets, a copy of my will naming her as beneficiary. i also submitted all my own financial docs required to get the sponsorship approval.
3-6. in the 5th TRV my partner was not working. she had been layed off and had been managing the construction of our house. we submitted architect plans, the trail of funds to build the house, photos, and my partner's bank account history for several months. since we had been building the house there may have been 10s of thousands of $ in and out of account and a balance of perhaps $3,000 when we did the 5th TRV. In the letter I acknowledged that my partner had no ties to the Philippines and that we made our intentions clear on that when we applied for the PR. We stated that we built the house for our own use on vacations and so that my partner would have a home while we waited for the PR. She is not transgender; I am 52 and she is 47; our TRV is single-entry.

By the way, I have considered Rob_TO and others' advice advice all along. We know the conjugal is a long shot and will take time before it's even considered. We only applied for the TRV 4x because we had no other options until I was legally able to sponsor her. The cost was low and we felt it only added to our support for the conjugal application. If she had gotten a TRV before we had the PR ready, we would not have filed and tried to become common law. Now I hope we can become common-law before they even consider our conjugal PR. However, to do so we will be applying for a new TRV

Jerryca, thank you for responding, i have one more question and this is far so important, so how many days did you put in your 5th invitation letter??? Did you put in 6 months??

My partner will just visit for 3 weeks, i am hoping when she applied she will be provided for 6 months too . assuming she was granted by 6months sngle entry. does she needs to go back after 3 weeks???

 

[scylla]

My partner will just visit for 3 weeks, i am hoping when she applied she will be provided for 6 months too . assuming she was granted by 6months sngle entry. does she needs to go back after 3 weeks???

FYI - How long someone is allowed to stay in Canada is not determined by the length of the visa. It's determined when you arrive in Canada at the border by the immigration official you speak to.

 

[jerryca]

Jerryca, thank you for responding, i have one more question and this is far so important, so how many days did you put in your 5th invitation letter??? Did you put in 6 months??

My partner will just visit for 3 weeks, i am hoping when she applied she will be provided for 6 months too . assuming she was granted by 6months sngle entry. does she needs to go back after 3 weeks???

scylla is correct. The Visa will have a valid period, but that is the period by which you have to enter Canada and that is generally 6 months for a V1 single-entry visa. It allows only one entry before the visa expiry date. When your visitor arrives in Canada, their passport will be stamped. If the officer does not write a specific exit date on the stamp (as was the case for my visitor), then your visitor can stay for 6 months from the date of entry.

Even though your visitor may only plan to stay for 3 weeks, as long as there is no exit date entered by the CBS officer, they may change plans and stay up to the 6 months from date of entry.

 

[canadalover4987]

scylla is correct. The Visa will have a valid period, but that is the period by which you have to enter Canada and that is generally 6 months for a V1 single-entry visa. It allows only one entry before the visa expiry date. When your visitor arrives in Canada, their passport will be stamped. If the officer does not write a specific exit date on the stamp (as was the case for my visitor), then your visitor can stay for 6 months from the date of entry.

Even though your visitor may only plan to stay for 3 weeks, as long as there is no exit date entered by the CBS officer, they may change plans and stay up to the 6 months from date of entry.

what i mean in your invitation? how long you wanted your gf stay in canada?

 

[jerryca]

what i mean in your invitation? how long you wanted your gf stay in canada?

In the invite we had 8 weeks I believe. We booked the return ticket to match exactly the dates in the application, although that was probably overkill. A few days before she was due to return (and no passport request or progress on the PR), we changed the return date for 3 months longer.

We have all the documents ready for the next TRV and in this one we have an itinerary for 12 weeks over the summer. I think that is safer than planning for 5 or 6 months at the outset.

 

[canadalover4987]

In the invite we had 8 weeks I believe. We booked the return ticket to match exactly the dates in the application, although that was probably overkill. A few days before she was due to return (and no passport request or progress on the PR), we changed the return date for 3 months longer.

We have all the documents ready for the next TRV and in this one we have an itinerary for 12 weeks over the summer. I think that is safer than planning for 5 or 6 months at the outset.

That is so nice. so will apply for an extension for another 3 months here in canada? where are you going to apply? if granted, you are in total of 8 months in cohabitate, right? are you aiming for your partner to stay for a year so you can be common law?

If so, can you update the Conjugal pr to common law pr? and how?

 

[SchnookoLoly]

That is so nice. so will apply for an extension for another 3 months here in canada? where are you going to apply? if granted, you are in total of 8 months in cohabitate, right? are you aiming for your partner to stay for a year so you can be common law?

If so, can you update the Conjugal pr to common law pr? and how?

FYI you can't change a sponsorship category... if you want to reapply as common-law you have to withdraw and reapply.

 

[canadalover4987]

FYI you can't change a sponsorship category... if you want to reapply as common-law you have to withdraw and reapply.

but can you include that in the evidence for conjugal pr process? that they cohabitate for 1 year?

 

[SchnookoLoly]

I don't see why not... but CIC I believe will likely still process the application as a conjugal... and if you are able to qualify as common-law, then you can't possibly be a legitimate conjugal couple. Conjugal is specifically reserved for couples who categorically CANNOT live together nor marry... so by providing evidence that you have now lived together for a year, you negate your own conjugal application. You applied as conjugal in the first place because you could NOT live together for a year. Make sense?

 

[canadalover4987]

I don't see why not... but CIC I believe will likely still process the application as a conjugal... and if you are able to qualify as common-law, then you can't possibly be a legitimate conjugal couple. Conjugal is specifically reserved for couples who categorically CANNOT live together nor marry... so by providing evidence that you have now lived together for a year, you negate your own conjugal application. You applied as conjugal in the first place because you could NOT live together for a year. Make sense?

Jerryca and I most probably in the same situation. but i am hoping the 1st trv would work for me and my partner then i can decide which road to take,,,


Is there anything written in CIC manual that can support your theory?


Imagine this..... you submitted an outland conjugal pr application with all evidences needed. (My partner is from the Philippines. the process will take 16 to 24 months) i could only imagine that CIC may still ask if the relationship is still ongoing right? CIC WILL DEFINITELY INVESTIGATE THE DEVELOPMENT OF THE RELATIONSHIP. if yes, they may ask for further evidence or they are satisfied with the evidence that was submitted.


IF CIC WILL ASK FOR FURTHER PROOF then provide more evidences like travelled together, money transfer, email chat and so on -----and in most cases like jerryca they can include cohabitation.


You are saying that 2 years in process plus all the money invested will be wasted if they included that they cohabitated for 1 year? I hope jerryca is reading this. This is very interesting.

 

[SchnookoLoly]

This is just my opinion, I can't say for sure, but based on my knowledge of spousal sponsorship and the requirements for conjugal...

The point of conjugal is for couples who CANNOT live together for one year, and who CANNOT get married. If you are able to live together for a year, or if you are able to get married, then you cannot possibly qualify for conjugal.

If you are able to get approval for a TRV that allows you to live together for a year, then you cannot possibly also qualify for conjugal.

If you are able to travel to a third country where you can get married, then you cannot possibly also qualify for conjugal.

Conjugal is INSANELY difficult to prove because of this. IF you apply as conjugal and then have a TRV approved later and then you manage to qualify as common-law, I suspect that CIC will REJECT the conjugal application and require that you reapply as common-law. The reason is that you simply no longer qualify as conjugal if you are also common-law - the two cannot coexist.

Hopefully that makes sense.

 

[jerryca]

I am not so sure. I read the manual recently and I believe it says that if circumstances change and you notify them of the change, the VO should make the change and continue the current application with the revised circumstance. Could be conjugal to married, common-law to married, or conjugal to common law I guess.

If the OP here gets a TRV approval before applying as a conjugal, then I agree, because the barrier to becoming common-law has been removed.

In my case we wanted to become common law. After 2 denied TRVs we began preparing for a conjugal application. WE had two more TRVs denied before we filed the conjugal PR. Only after did they approve our TRV. I will be very happy if we can get the 12 months together and advise the VO accordingly of the change in circumstances.

 

[canadalover4987]

This is just my opinion, I can't say for sure, but based on my knowledge of spousal sponsorship and the requirements for conjugal...

The point of conjugal is for couples who CANNOT live together for one year, and who CANNOT get married. If you are able to live together for a year, or if you are able to get married, then you cannot possibly qualify for conjugal.

If you are able to get approval for a TRV that allows you to live together for a year, then you cannot possibly also qualify for conjugal.

If you are able to travel to a third country where you can get married, then you cannot possibly also qualify for conjugal.

Conjugal is INSANELY difficult to prove because of this. IF you apply as conjugal and then have a TRV approved later and then you manage to qualify as common-law, I suspect that CIC will REJECT the conjugal application and require that you reapply as common-law. The reason is that you simply no longer qualify as conjugal if you are also common-law - the two cannot coexist.

Hopefully that makes sense.

Thanks for your idea....in fact, that could be possibly true.

BUT that is the most unbelievable theory ive heard.... unless this is backed up in CIC guidelines. then, i agree with you. is there anyone you know that can attest that it happened to them?


In jerryca case, there is a pending outland conjugal application, his gf is now in canada for 5 months and will apply for another 3 months. if they get an extension then they can possibly get up to 1 year.


IF THERE IS ANYTRUE TO YOUR STATEMENT---- then in that case, inland conjugal application should be filed. the question is after you withdraw the outland application can you immediately apply for an inland???

 

[SchnookoLoly]

Honestly, I am saying that I don't know if CIC will change the "category" of application or not.

It's not quite the same thing, but when we applied, we applied as common-law partners. We got married while our application was in process. CIC called my husband a few months after the wedding, while we were still in process, to verify that we had in fact gotten married. My husband said yes, but then the officer explained to him that CIC cannot change the category of an application and while our change in circumstance has been noted, the application would proceed to be processed as a common-law application. When COPR was issued it specified that we applied via family class as common-law partners, even though we were now married.

I'm not going to go read up on the guides to find if it says what happens if a conjugal application changes to common-law midway through the application process, I'm only sharing my personal opinion and my own personal experience.

For jerryca, I think that if he does manage 12 months, CIC *may* proceed with the conjugal application with the change noted, or they *may* reject his application based on the fact that he's now in a common-law relationship and conjugal doesn't apply with the advice to reapply as common-law.

I don't know for sure what will happen, but it's important to be prepared for all scenarios.

Hope that helps and sorry it isn't more firm an answer. Hopefully some others will weigh in with their opinions.

 

[canadalover4987]

I am not so sure. I read the manual recently and I believe it says that if circumstances change and you notify them of the change, the VO should make the change and continue the current application with the revised circumstance. Could be conjugal to married, common-law to married, or conjugal to common law I guess.

If the OP here gets a TRV approval before applying as a conjugal, then I agree, because the barrier to becoming common-law has been removed.

In my case we wanted to become common law. After 2 denied TRVs we began preparing for a conjugal application. WE had two more TRVs denied before we filed the conjugal PR. Only after did they approve our TRV. I will be very happy if we can get the 12 months together and advise the VO accordingly of the change in circumstances.

i hope you will get an extension and have cohabitate for 1 year. in that case you can inform the VO about the current situation if they will advise you to convert your conjugal app to common law as supposed to REJECTION which is not very humane after a long wait. that makes more sense to me!!!!