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Refused PR application (same sex conjugal) - what to do next?

sunluvr

Member
May 18, 2022
10
1
This is my 3rd attempt at posting this. Both of my first 2 attempts posted yesterday disappeared and I have no idea why.

My partner (Vietnam) and I (Canadian) have just received a refusal to his PR application and the primary reasons are:

"Based on the information provided, you do not meet the definition of a member of the family class
(conjugal partner) because you did not satisfy me that common-law partner status or marriage was not possible for you and your sponsor. I have also considered other factors in assessing your conjugal relationship, such as efforts to live in the same country, evidence of applying for visas to cohabit, financial interdependence and the social aspects of your relationship.

Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. For the reasons set out above, I am not satisfied that you are not inadmissible and that you meet the requirements of the Act. I am therefore refusing your application."


A little bit of background info: I went through this process 20 years ago (2002) with another partner, at that time it was under Humanitarian and Compassionate grounds. Prior to that, I was previously married to a woman, we physically separated in 1998 but didn't legally separate until 2008, and we never finalized the divorce. My marital status was not an issue at that time during that PR application.

Our current relationship began almost 3.5 years ago, and at the time I was spending 5-7 months each year in SE Asia. Prior to Covid, we lived together in VN first for 2.5 months, then later, another 7 months, then Covid arrived, VN stopped issuing tourist visas and I returned to Canada, unable to return there since.

Unfortunately for us, I am only understanding now how much things have changed in the immigration process regarding conjugal partners. Also, prior to our recent application, I never bothered to get my partner to apply for a TRV, knowing the futileness of that, with his particular situation, but NOT understanding, until now, the signifigance of not having done that, and the associated requirement to demonstrate all efforts to live together in the same country.

Based on what I now know, I am convinced that any appeal is pointless.

I realize now, my first next step needs to be to finalize my divorce. After that, I'm really wondering what direction to take.
 

armoured

VIP Member
Feb 1, 2015
15,888
8,069
Based on what I now know, I am convinced that any appeal is pointless.

I realize now, my first next step needs to be to finalize my divorce. After that, I'm really wondering what direction to take.
Basically yes, you misunderstood the use of conjugal.

And again short form, since you seem to not have any specific barrier to getting divorced: get divorced. You can also have your partner apply for a visa to Canada (although may well get refused).

Then you marry somewhere it is possible to do so, like in Canada. Or reside together for 12 months straight to be common law (eg in Canada). (Technically common law without getting divorced would work eg if your spouse can come to Canada)

If that's not possible (visa refused and there are no other places to marry, common law not practical), you can conceivably apply conjugal.

But realistically: getting divorced is a good first step.
 
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