Needs advise: Conjugal Partner Sponsorship

[Ches89]

Hi everyone I need your views about our case. My partner wants to sponsor me to Canada as conjugal partner (same-sex relationship). Our story goes this way. I met my partner in February of 2012 when he joined the hospital where I was working in our home country. From there we became close and exactly after a year one of us had the courage to propose and brought our relationship to the next level. We became officially a couple in February of 2013. But none of our co worker knew about our relationship since we are not out in public, even our families didn't know that we are into this. Only few of our close friends knew about us, only those who are in this kind of relationship. We are both from the same country which our religion and government do not recognize same-sex relationship/marraige and our families are very conservative. His family knew me but just as a best friend since we cannot just tell them that simple. What we usually do is during our days off we make it a point that see each other. And one of our friend lent us his condo unit so during off and long days off we spent our time together. We were together for 1 year and 2 months when he was still in our country. He left for Canada in April 2014 when his PR was approved. So it has been 1 year and 6 months that we are in a long diatance relationship, but we constantly communicate via chat and facetime. And he also sends me financial support monthly. Instead of going home to our country to visit me, to be more practical he just send the money instead of spending it for airfare and travel. We didn't also bother to apply a TVR since before he left for Canada I have applied for the Quenec Skilled Worker program and received my AOR in April 2014 same month that he left for Canada. We were expecting that soon I will be joing him in Canada even though he is un Ontario and I applied for Quebec at least it's nearer. But unforunately my QSW application has still no update despite receiving the AOR in April 2014. We cannot wait to be together and we cannot anymore wait for the QSW CSQ to be processed. We researched and stumble upon this conjugal partner sponsorship and we thought that we are qualified to apply. What do yiu think guys? Can I state in my application that we have tried to be together in Canada thru my QSW application in lieu of the TRV that why we didnt try to apply.

We will be providing these proofs in the application:
- Our photos when he was still in our country, and photos in our out of town trip with his mom and sister.
- Certification that I am a supplementary card holder of his credit card since November 2013
- Proof of Remittance
- Chat logs, screen shots of our skype conversations and screen shots of our text message conversation when he was still in our country
- 3 Statutory declaration from our friends.

Thanks in advance and I hope to hear from all of you.

 

[Ponga]

I suspect that you will have a difficult time convincing CIC that you truly qualify as his Conjugal Partner.

The fact is, you and he could have lived together in your home country (for at least one full year) to have been deemed as a Common-Law couple...even though your country doesn't recognize it, apparently. It sounds like that you opted not to, because of family being unaware of your relationship, which is certainly understandable, but...CIC may not be so understanding.

Common-Law for the purposes of Canada Immigration (CIC) recognizes cohabiting together ANYWHERE for a period of at least one full year.


Good luck!

 

[Aquakitty]

Is your job in demand? You mentioned working in a hospital. Have you tried finding employment in Canada? Then you could easily stay for a year with a work permit and get your common-law status.

 

[Ches89]

I suspect that you will have a difficult time convincing CIC that you truly qualify as his Conjugal Partner.

The fact is, you and he could have lived together in your home country (for at least one full year) to have been deemed as a Common-Law couple...even though your country doesn't recognize it, apparently. It sounds like that you opted not to, because of family being unaware of your relationship, which is certainly understandable, but...CIC may not be so understanding.

Common-Law for the purposes of Canada Immigration (CIC) recognizes cohabiting together ANYWHERE for a period of at least one full year.


Good luck!

thanks for your opinion.

 

[Ches89]

Is your job in demand? You mentioned working in a hospital. Have you tried finding employment in Canada? Then you could easily stay for a year with a work permit and get your common-law status.

Yes I am a nurse in my home country but its not that easy to apply as a nurse even practical nurse coz you have to through credentialing and examinations first to recognized.

 

[Ches89]

I suspect that you will have a difficult time convincing CIC that you truly qualify as his Conjugal Partner.

The fact is, you and he could have lived together in your home country (for at least one full year) to have been deemed as a Common-Law couple...even though your country doesn't recognize it, apparently. It sounds like that you opted not to, because of family being unaware of your relationship, which is certainly understandable, but...CIC may not be so understanding.

Common-Law for the purposes of Canada Immigration (CIC) recognizes cohabiting together ANYWHERE for a period of at least one full year.



Good luck!

According to what is written in guide 3900 is says that:

If you are in conjugal relationship
You can sponsor a conjugal partner if:

-there is a significant degree of attachment between the two of you, implying not just a physical relationship but a mutually interdependent relationship, and

-you have been in a genuine relationship for at least 12 months where marriage or cohabitation has not been possible due to barriers such as sexual orientation, religious faith, etc. - I think we will fall under this, because despite being in the same country for more than a year we just cannot cohabit or live together due to our sexual orientation, religious faith and conservative family.

 

[Ponga]

According to what is written in guide 3900 is says that:

If you are in conjugal relationship
You can sponsor a conjugal partner if:

-there is a significant degree of attachment between the two of you, implying not just a physical relationship but a mutually interdependent relationship, and

-you have been in a genuine relationship for at least 12 months where marriage or cohabitation has not been possible due to barriers such as sexual orientation, religious faith, etc. - I think we will fall under this, because despite being in the same country for more than a year we just cannot cohabit or live together due to our sexual orientation, religious faith and conservative family.

But was it illegal for you and your partner to live together? Could you have been prosecuted for this in your home country?
What is your home country?

If it was NOT, then you still may have a hard time with this type of sponsorship.

Try searching this forum for others that have been successful with their conjugal partner and reach out to them for guidance and support.

 

[scylla]

Well - you certainly have to try applying for at least one TRV before you can submit a conjugal application. If you haven't even bothered to try to apply for a TRV to come visit your conjugal partner here, it won't seem like much of a relationship to CIC. In addition, you won't be able to demonstrate that you have barriers preventing you from coming here and living together for a year or getting married here. So one of your first steps will have to be to apply for a TRV to Canada. If you are approved, then you will be able to come here and either get married or live together to become common law (and conjugal won't be necessary). If you are refused, then this refusal will provide additional evidence for your conjugal application.

Regardless, you must apply for a TRV to Canada before you can even consider applying for PR as a conjugal couple.

 

[canadianwoman]

Keep the Quebec application open - you may be accepted. Meanwhile, try applying for a TRV as suggested. For this, you need proof you will leave Canada before your visa expires, so a letter from your employer giving you time off is a good idea.
If you get the TRV or Quebec works out, great. If not, conjugal has some chance. The Philippines is one country where conjugal applications are more likely to be successful than elsewhere. (If you're not from there, sorry for my assumption.)

 

[Ches89]

Keep the Quebec application open - you may be accepted. Meanwhile, try applying for a TRV as suggested. For this, you need proof you will leave Canada before your visa expires, so a letter from your employer giving you time off is a good idea.
If you get the TRV or Quebec works out, great. If not, conjugal has some chance. The Philippines is one country where conjugal applications are more likely to be successful than elsewhere. (If you're not from there, sorry for my assumption.)

Yes I will include a copy of my AOR from Quebec. Unfortunately I have already resigned from my job so it is unlikely that I would qualify a TRV. Your good! How'd you know Im from the Philippines?

 

[canadianwoman]

There have been lots of Philippine applicants on here talking about problems with same-sex relationships not being accepted there, and asking about conjugal.

 

[Ches89]

There have been lots of Philippine applicants on here talking about problems with same-sex relationships not being accepted there, and asking about conjugal.

Yeah. Sad as it is. but how was there application, we're they successful? I hope we also be granted an approval for conjugal sponsorship. Do u think its okay if I disclose with my application that I have an ongoing application in Quebec? Because honestly, Quebec's processing has been really slow than what we expected. That's why we decided to go through with conjugal sponsorship.