Same Sex Conjugal Partner Sponsorship

[Angel7889]

Hi.

I am planning to sponsor my girlfriend who is living in the Middle East under the conjugal partner sponsorship immigration process. We have been together- same sex relationship for more than 1 year since I was still living and working in the Middle East. In her case, she stayed in there because of her work contract. We are both from Philippines in origin. We cannot get married in the Middle East nor in Philippines beacause it is not acceptable to both countries' laws. We cannot live together while we were in the Middle East because her job doesn't allow her to live out the company's accommodation. It is actually written in her contract. We can prove that our relationship is genuine by providing all photos, statements and testemonies from our close friends and relatives. I can show the immigration my recent visits to the Middle East and vice versa. My question is, is this enough proof that we can qualify under conjugal sponsorship? We clearly can't live together even though we want to, we have emotional, physical, financial and social interdependencies and we visit each other frequently. And if the immigration officer would suggest us to marry in other country instead.. what would be the sense of the conjugal sponsorship? Because in that case everybody would just have to marry and apply for a spousal visa. Can anybody enlighten me on this please?

 

[Rob_TO]

And if the immigration officer would suggest us to marry in other country instead.. what would be the sense of the conjugal sponsorship? Because in that case everybody would just have to marry and apply for a spousal visa. Can anybody enlighten me on this please?

Did you look into getting married in another country?
Did she apply for and get TRV rejected to come to Canada? At a minimum this would be required.

 

[Angel7889]

Did you look into getting married in another country?
Did she apply for and get TRV rejected to come to Canada? At a minimum this would be required.

Yes we did look into getting married perhaps in Netherlands and she didn't get her TRV application rejected. What would be the best situation for a conjugal partnership be approved? Because if we get married now and apply for a spousal visa or common law partner visa.. it would be probably rejected too because we haven't lived together for 12 months. She need to go back to Middle East, work and finish her contract.

 

[danawhitaker]

Yes we did look into getting married perhaps in Netherlands and she didn't get her TRV application rejected. What would be the best situation for a conjugal partnership be approved? Because if we get married now and apply for a spousal visa or common law partner visa.. it would be probably rejected too because we haven't lived together for 12 months. She need to go back to Middle East, work and finish her contract.

If you get married, there's no requirement of living together for 12 months.

 

[profiler]

Yes we did look into getting married perhaps in Netherlands and she didn't get her TRV application rejected. What would be the best situation for a conjugal partnership be approved? Because if we get married now and apply for a spousal visa or common law partner visa.. it would be probably rejected too because we haven't lived together for 12 months. She need to go back to Middle East, work and finish her contract.

You can get married, but you will need to show more than average proof of genuine relationship (because it's less than 2 years old, and no shared child).

She can either come to Canada (if the country is not a visa requiring country), or apply for a Visitor Visa. Then pass the border and stay for the maximum stay. About a month before the expiry, she can apply to extend her stay. Assuming she gets 6 months at the border (common), and you request more time (at least another 6 months) you can then submit a common-law application.

If you are submitting either, make sure both your names are on leases or rental agreements, on things like phone bills, utility bills, etc. This will help you later when you have to prove co-habitation.

EDIT: I just recalled that non-visa requiring countries do require an eTA, so she will need to apply for an eTA before boarding if she is from a visa-exempt country.

 

[canadianwoman]

Your situation is one where a conjugal application has a chance of succeeding. You have to show that for at least one year you have had a relationship that was marriage-like in its closeness and interdependence, but that you could not get married or live together to establish common-law. It sounds like you have enough proof. Note that the financial proof should cover at least one year.

She should try applying for a TRV to come to Canada. If it is rejected, then this is additional proof that you cannot become common-law or get married. If she gets the TRV, then she can come to Canada, and you could then get married and sponsor her as your spouse. (Or she could stay in Canada long enough for you two to become common-law.)

 

[Angel7889]

Guys thanks for the information. Everybody have been so helpful. I really appreciate it.

 

[Angel7889]

Guys me again. If we can get married in Canada, I can then apply for a spouse visa and we need to show some proofs especially financially such as joint bank accounts. Can we open a joint bank account even she is still under a visit visa? Same goes for the phone bills, house lease, utility bills?

 

[profiler]

Guys me again. If we can get married in Canada, I can then apply for a spouse visa and we need to show some proofs especially financially such as joint bank accounts. Can we open a joint bank account even she is still under a visit visa? Same goes for the phone bills, house lease, utility bills?

Yes they may permit that. The trouble may be with a SIN. They need a SIN to tie to the account. In joint situations, it may only need to be one party has it, but I expect they will want both to have a SIN.

If she applies inland, that allows her to apply for a OWP at the same time. This permit will give her a SIN (and 2 years to stay and work while living with you).

EDIT: I should have noted that, your partner can spend the time here, under visitor visa, to decide if she wants to apply inland or out.

 

[canadianwoman]

Note that if you get married, then it is not as important to have financial proof. Yes, having joint credit cards, joint bank accounts, both names on bills, etc., is good proof, but if you cannot get some of these things, you can just explain in the application that you tried to, but could not (and use any rejection letters as proof).

Also note that if one bank says no, ask at other banks. Sometimes one branch will say something is not possible, and another bank will allow it.

If you are applying as conjugal partners, then some financial proof will be needed, even if it is just money transfers to her from you.