Qualifying as Conjugal partners

[hoping75]

Hi,

I have a question concerning a couple that wants to apply as conjugal partners instead of getting married or as commonlaw partners.

I have told them that they do not qualify because there is no reason for them not to get married or live together other than the reason that the sponsor does not want to. She can and has freely gone to stay in his country on different occasions, but always chose to never stay more than a few months, and also chose not to get married.

They now have a baby together, and she has not returned to his country to visit or anything since the time she was there and got pregnant, which has been over 2 and a half years. He has never seen the child in person.

She insists to this man that she will apply as conjugal partners, a lawyer told her they qualify because they have a baby together, and his name is on the birth certificate in Canada.

Remember , they are not married only because she does not want to marry him.
I really don't think the qualify, but she keeps telling him they do, for more than 3 years now.

She told him they qualify as conjugal partners because of the baby, she said a lawyer told her this.
If anyone can tell me otherwise I would appreciate it.I would really like to give hi all the information I can regarding this subject.

Thanks for any help

 

[PMM]

Hi

Hi,

I have a question concerning a couple that wants to apply as conjugal partners instead of getting married or as commonlaw partners.

I have told them that they do not qualify because there is no reason for them not to get married or live together other than the reason that the sponsor does not want to. She can and has freely gone to stay in his country on different occasions, but always chose to never stay more than a few months, and also chose not to get married.

They now have a baby together, and she has not returned to his country to visit or anything since the time she was there and got pregnant, which has been over 2 and a half years. He has never seen the child in person.

She insists to this man that she will apply as conjugal partners, a lawyer told her they qualify because they have a baby together, and his name is on the birth certificate in Canada.

Remember , they are not married only because she does not want to marry him.
I really don't think the qualify, but she keeps telling him they do, for more than 3 years now.

She told him they qualify as conjugal partners because of the baby, she said a lawyer told her this.
If anyone can tell me otherwise I would appreciate it.I would really like to give hi all the information I can regarding this subject.

Thanks for any help

IMHO they haven't got a chance to make it as conjugal. No barriers to marriage or immigration to live together.

 

[hoping75]

Thank you so much PMM for the answer

 

[sbwv09]

Hoping, you're right that they will get rejected as conjugal on the grounds that there is nothing stopping them from either being married or common law partner. There have been couples who are married and have children who were rejected, so having a child isn't going to help them much.

I know there are lots of good lawyers who do their jobs, but there are also lawyers who are out to make money. They will pay this person to help with their app. Their app will be rejected. The lawyer may tell them to appeal, thus more money for him/her, etc.

Show them the CIC website and explain that conjugal is really just for people who have big barriers stopping them from being married or common law (can't get a visit visa, can't get married due to laws in other countries, etc).

 

[canadianwoman]

They will never get accepted. The visa officer will grill them - what explanation will they provide for not getting married? If there is even a hint anywhere that the reason is just that she doesn't want to get married, they'll be rejected. A baby is good evidence, but only that - it is not 100% proof that a relationship is genuine. From the sounds of it, their relationship isn't genuine. It sounds like they have broken up, even if they once did have what would have qualified as a real relationship.

 

[BeShoo]

I think the fact that they have little or no reason why they could not marry or cohabit for a year is the least of their problems.

Even from your brief description, it doesn't sound like they have a real relationship. Having a baby together might be a slight consideration in their favour if the other factors were a bit borderline, but it really, really doesn't sound like they are in a loving relationship with future plans, and that they can't stand to be apart and are emotionally, physically, socially, and financially interdependent.

Having a baby does NOT qualify them as conjugal partners.

 

[chelley]

everyone else has said it and I'll concur... unless they seriously fabricate some sort of relationship, it doesn't sound like they will qualify...

to qualify they need to demonstrate interdependencies three areas... social, emotional and financial... they *might* use the child to show emotional attachment thru the child, but even then that just shows they shared a bed at one point in time... there are plenty who have children together but no longer maintain even a civil relationship, never mind emotional interdependence...(the fact that he has never seen the child actually could work strongly against them IMO)... unless you are omitting a great deal of info, they don't sound like they'd be remotely close to qualifying in any other category...

if their relationship evidence is VERY strong, the government can not force marriage on those who choose not to do so... there is a poster who had their conjugal case approved with a US/CAN relationship with no cultural barriers to marriage... they simply demonstrated their interdependence in all of the above areas (with hundreds of pages of evidence).. but as you've described it, the case doesn't have a chance..

 

[HoneyBird]

its strange that she has never went over with the child to show the father.
thats weird and rings alarm bells for me.

 

[lynw]

Sounds very dodgy. Surely they wouldn't stand a chance of being approved

 

[rjessome]

I agree with chelley and PMM. For conjugal to work, they must be in a "marriage-like" relationship. Not seeing each other since before the birth of their child and never meeting the child will not bode well for them. However, not knowing the background of their situation, all we can offer are opinions based on vague facts. Yes, CIC can't force anyone to get married but the onus is on the parties to prove the conjugal nature of their relationship and it's an uphill battle with even the best proof.

hoping75, did she say why they haven't gotten married or why there have been no visits in the last 3 years? Are there other issues that prevent them from being together?

 

[hoping75]

Thank you so much everyone for your responses.

Believe me I have asked many times why she does not want to go and marry him, or why she did not marry him on one of her other trips there before the pregnancy, she just keeps delaying the situation by telling him that they will qualify as conjugal partners. I have tried so many ways to make him understand that they don't qualify, but she convinces him that they do. He is now saying he has no choice but to believe her. I really feel bad for him that he is missing these great years of his childs life. As far as I know she once talked about the conjugal partner application in the past, then she became pregnant and said she would go to marry him last year, and now she is back to the conjugal partner idea again, without ever returning to see him.
I have asked if there were any reason she could not marry him, but there isn't, She just chooses not to.
I will pass on each of your answers to him, and I really appreciate all of your help.
Thank you so much to everyone

 

[iarblue]

Conjucal was made for one purpose only.For couples who couldnt be together because of 1.a war torn country,or 2.same sex marriage is not allowed in their country.