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INLAND APPLICATIONS 2012

VanSquirrel

Star Member
Feb 15, 2013
66
3
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
AOR Received.
26-01-2012
IELTS Request
AIP: 04-02-2013
Interview........
Waived
VISA ISSUED...
17-04-2013
DGT said:
Hi Lisa. The issue you are experiencing here comes down to the fundamentals of the definition of "Common-Law". So, you have to prove that you have been living together in a committed, marriage like partnership for over a year. So, you'll have to provide evidence of this! Did out any lease agreements or mortgages you may have, get a statement of account from you bank dating back as far as you can go. Basically, get as much proof that you have been living with your partner for over a year. If you can do this, then you will be fine! If not, I fear that you may have to withdraw, marry and reapply as a Spouse. If you can't prove you've been living together for a year I would withdraw the application rather than leave it to CIC to refuse, as this will make your next application more suspect. I hope this helps, and I'm sure more senior members have other advice.

Good luck!
Just to add a little to this, if you can't prove you'd been in a "marriage-like relationship" (i.e. conjugal) for over a year for the sole reason that all your documents have been dated less than a year, I would just withdraw the application and then reapply after the year has passed.

Also here's the definition of a conjugal relationship:

In the M. v. H. decision, the Supreme Court adopts the list of factors that must be considered in
determining whether any two individuals are actually in a conjugal relationship from the decision of
the Ontario Court of Appeal in Moldowich v. Penttinen. They include:
• shared shelter (e.g., sleeping arrangements);
• sexual and personal behaviour (e.g., fidelity, commitment, feelings towards each other);
• services (e.g., conduct and habit with respect to the sharing of household chores)
• social activities (e.g., their attitude and conduct as a couple in the community and with their
families);
• economic support (e.g., financial arrangements, ownership of property);
• children (e.g., attitude and conduct concerning children)
• the societal perception of the two as a couple.

From the language used by the Supreme Court throughout M. v. H., it is clear that a conjugal
relationship is one of some permanence, where individuals are interdependent – financially,
socially, emotionally, and physically – where they share household and related responsibilities,
and where they have made a serious commitment to one another.
Based on this, the following characteristics should be present to some degree in all conjugal
relationships, married and unmarried:
• mutual commitment to a shared life;
• exclusive – cannot be in more than one conjugal relationship at a time;
• intimate – commitment to sexual exclusivity;
• interdependent – physically, emotionally, financially, socially;
• permanent – long-term, genuine and continuing relationship;
• present themselves as a couple;
• regarded by others as a couple;
• caring for children (if there are children).

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.
You can read the rest of it on section 5.26 of the following:
http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
 

DGT

Hero Member
Dec 5, 2012
570
26
124
Toronto, ON
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London
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Pre-Assessed..
App. Filed.......
19-10-12
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N/A
AOR Received.
13-11-12
File Transfer...
14-11-12
Med's Request
11-03-13
Med's Done....
23-04-13
Interview........
N/A
Passport Req..
Exempt
VISA ISSUED...
20-06-13
LANDED..........
29-06-13
Though bear in mind you are NOT in any way a "conjugal" partner. But yes, I agree with VanSquirrel. It might be more prudent to withdraw and reapply later after a marriage.
 

VanSquirrel

Star Member
Feb 15, 2013
66
3
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Vegreville
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AOR Received.
26-01-2012
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AIP: 04-02-2013
Interview........
Waived
VISA ISSUED...
17-04-2013
DGT said:
Though bear in mind you are NOT in any way a "conjugal" partner. But yes, I agree with VanSquirrel. It might be more prudent to withdraw and reapply later after a marriage.
Well, traditionally, "conjugal" implied marriage so in that sense no, Lisa isn't in any way a conjugal partner. But in the legal sense, a common-law relationship is defined as a conjugal relationship.
 

DGT

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Dec 5, 2012
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N/A
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13-11-12
File Transfer...
14-11-12
Med's Request
11-03-13
Med's Done....
23-04-13
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Exempt
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Indeed. But it's important not to use confusing language as there is an entire class of sponsorship known as "conjugal".
 

VanSquirrel

Star Member
Feb 15, 2013
66
3
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Vegreville
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AOR Received.
26-01-2012
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Interview........
Waived
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17-04-2013
DGT said:
Indeed. But it's important not to use confusing language as there is an entire class of sponsorship known as "conjugal".
There is? I've never heard of that before. How is that different from spousal sponsorship?
 

DGT

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Dec 5, 2012
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N/A
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13-11-12
File Transfer...
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Med's Request
11-03-13
Med's Done....
23-04-13
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Passport Req..
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Here it is. Basically, it's for people who for whatever reason have been physically incapable of being together in a common law relationship.

"Conjugal partner: The family class includes, among others, persons who are the sponsor’s conjugal partner. A conjugal partner is a person who has maintained a conjugal relationship with the sponsor for at least one year but has been unable to live with the sponsor. The term refers to both opposite–sex and same–sex couples. This category is intended for partners of sponsors who would ordinarily apply as common–law partners but cannot meet the definition—that is, they were not able to live together continuously for at least one year."

Source is here.

http://www.cic.gc.ca/english/resources/statistics/facts2008/glossary.asp
 

VanSquirrel

Star Member
Feb 15, 2013
66
3
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Vegreville
Job Offer........
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AOR Received.
26-01-2012
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AIP: 04-02-2013
Interview........
Waived
VISA ISSUED...
17-04-2013
DGT said:
Here it is. Basically, it's for people who for whatever reason have been physically incapable of being together in a common law relationship.

"Conjugal partner: The family class includes, among others, persons who are the sponsor's conjugal partner. A conjugal partner is a person who has maintained a conjugal relationship with the sponsor for at least one year but has been unable to live with the sponsor. The term refers to both opposite–sex and same–sex couples. This category is intended for partners of sponsors who would ordinarily apply as common–law partners but cannot meet the definition—that is, they were not able to live together continuously for at least one year."

Source is here.

http://www.cic.gc.ca/english/resources/statistics/facts2008/glossary.asp
Oh I just looked it up too. Yes you're right. 'Conjugal sponsorship' is an entirely different animal. I hope we didn't confuse Lisa11 :p

Lisa, to be clear, in order to be considered in a 'common-law' relationship, you have to be in a 'conjugal relationship' as defined above. However, like DGT said, this is not to be confused with 'conjugal sponsorship'
 

sunsun

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Apr 20, 2012
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Hello,Lisa..?? Your name just like my best friend's name :)
 

DGT

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Dec 5, 2012
570
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Med's Done....
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LANDED..........
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VanSquirrel said:
Oh I just looked it up too. Yes you're right. 'Conjugal sponsorship' is an entirely different animal.
Indeed! They chose a weird thing to name it though eh?
 

VanSquirrel

Star Member
Feb 15, 2013
66
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Interview........
Waived
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17-04-2013
DGT said:
Indeed! They chose a weird thing to name it though eh?
Yeah >.< I guess they're trying to strip it down to the bare bones of conjugal partnership minus the common-law and spousal qualifications. Very confusing though.
 

VanSquirrel

Star Member
Feb 15, 2013
66
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Hey I just reached 4 stars! :p
 

DGT

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Dec 5, 2012
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N/A
AOR Received.
13-11-12
File Transfer...
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Med's Request
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Med's Done....
23-04-13
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Exempt
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20-06-13
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50 posts! Grats!
 

wolanila

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Jun 8, 2011
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HOLY COMMON CONJUGAL BATMAN!!! my inbox is completely filled from 2012 inland app thread in a mater of 4 hours. Nice to see so much activity in here its like a festival :D I think Congrats will be the new Canadian greeting word used in the future lol.. So nice to see you all.
 

wolanila

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Jun 8, 2011
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darwinwap said:
I'm not being prophetic nor hopeful lol I just noticed that some people on the 2012 seems to get their decision made letter 5 months after AIP. A lot of people also got their AIP exactly 6 months after sending application. It just seems to be the trend but of course its not applicable to all cases.
being hopeful is great. I will never pass up a nice positive manifestation. Keep the positive vibes comin darwinwap!!!!! :D
 

Lisa11

Member
Oct 22, 2012
15
1
Thank you for all your advise. I am going to get more declarations from family and friends. As it states in the letter from immigration that declarations from others may be considered. I think I will also send more pictures and write out a new timeline of our relationship up to this date. I will also include bank stamens that verify I am supporting my partner as he is unable to work. I believe there is still a chance of approval as they did not refuse my application but asked for more info to be sent. I've already paid the fee. And it's cheaper than moving to France.