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Sponsoring a Conjugal Partner

Martel80

Newbie
Aug 12, 2020
2
0
Hello everyone.

I am in a relationship with a Colombian women since December 2018.

I`m a 40 Years old Multi-generational Canadian Citizen, born and raised.

We lived together from November 29th 2019 to May 17th 2020 in Colombia. ( 5 months and a half )

I understand that to sponsor a Conjugal Partner, we need to have been living with her/him for one complete year.

As its illegal to work from Colombia as a Canadian Citizen employee ( Hired in the private sector ) for more then 6 months, I'm wondering how can we achieve this 12 months of consecutive living together period.

Three questions arise to be allowed to sponsor my girlfriend as a Conjugal Partner;

1 - Am I allowed to invite her to Canada to live with me for 12 months ? And if so, how ?

2 - I`m legally married in Peru but my ex-wife ( Now separated since August 2016, but not divorced ) as sequestrated my son in Peru and wont let me see him nor answer my request to get divorce. The Child alimony process has been started in May 2017 and yet to be resolved , so is the right of visitation and the Divorce as she had cut all contact and doesn't answer my notary letters nor emails nor phone calls. Will this be an issue to Legally Sponsor my Girlfriend as my Conjugal Partner ?

3- Is there any professional , reliable Immigration counselor that can have specific strategy to help me make this happen ? If so, do you know any in the Montreal area.

Thank you very much for your time.
 

primaprime

VIP Member
Apr 6, 2019
3,398
873
1. She can apply to enter Canada as a visitor. You would need to show you can support her without her working and make it clear that she will return to Colombia at the end of her stay if she does not become a PR through sponsorship. Or, you can try to live with her in Colombia.

2. You need a lawyer. If you are legally separated you may be able to sponsor someone else, but you should also be able to finalize a divorce without her involvement. I can't offer any advice on what sounds like a case of international child abduction. However, note that you can't sponsor someone if you haven't paid court-ordered child support or alimony.
 

Martel80

Newbie
Aug 12, 2020
2
0
1. She can apply to enter Canada as a visitor. You would need to show you can support her without her working and make it clear that she will return to Colombia at the end of her stay if she does not become a PR through sponsorship. Or, you can try to live with her in Colombia.

2. You need a lawyer. If you are legally separated you may be able to sponsor someone else, but you should also be able to finalize a divorce without her involvement. I can't offer any advice on what sounds like a case of international child abduction. However, note that you can't sponsor someone if you haven't paid court-ordered child support or alimony.
Thank you for your answer.

My son was born in Peru so the Family law of Peru apply. The Canadian law can`t do anything about it and I already contacted the International Child Abduction organisation ( aka The Hague convention ) and they cant do nothing about it as my Son was born in Peru and they have no saying on how they judge and run Family Law.

But that's another subject that I'm not here to discuss.

As stated before, I'm still waiting for a ruling in the Child alimony, Right of Visitation and Divorce ( Which will go one after the other in that order per Peru's law.)

So I cant pay Child Alimony as there is no ruling yet.

I want my current Girlfriend to become a Permanent resident and further down the line a Citizen but I cant Sponsor her as my Conjugal Partner as it state that we need to live together for 12 months consecutively.

My question is, Can I Sponsor her for a 12 Months visit so we can live together for 12 months then proceed and apply for a Sponsorship for Conjugal partner ?
 

canuck78

VIP Member
Jun 18, 2017
34,894
7,935
Thank you for your answer.

My son was born in Peru so the Family law of Peru apply. The Canadian law can`t do anything about it and I already contacted the International Child Abduction organisation ( aka The Hague convention ) and they cant do nothing about it as my Son was born in Peru and they have no saying on how they judge and run Family Law.

But that's another subject that I'm not here to discuss.

As stated before, I'm still waiting for a ruling in the Child alimony, Right of Visitation and Divorce ( Which will go one after the other in that order per Peru's law.)

So I cant pay Child Alimony as there is no ruling yet.

I want my current Girlfriend to become a Permanent resident and further down the line a Citizen but I cant Sponsor her as my Conjugal Partner as it state that we need to live together for 12 months consecutively.

My question is, Can I Sponsor her for a 12 Months visit so we can live together for 12 months then proceed and apply for a Sponsorship for Conjugal partner ?
You are getting confused between common law and conjugal sponsorship. To qualify for conjugal sponsorship you must prove that there is an immigration barrier that prevents you from living together or getting married. It doesn’t sound like you have either. You may need to wait until you get divorced.