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ava_hime_013

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Apr 21, 2015
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My girlfriend and I are in a long-distance relationship. We met online, and she’s from New York and I’m from Canada. We’re both turning 23, and have talked about how we’d like to move in together and start living together, but because of the distance this would require that she emigrate to my province and city. We’re not married yet, so one of our worries is completing the emigration process while being unmarried. She’s also currently finished school (I am preparing to graduate) and is employed, though the job she has right now isn’t within the field she graduated for. I am unemployed but am going to start looking for work after grad, and I am also on disability because of long term, lifelong health issues.

My girlfriend is also transgender and in a position where she cannot change the name on her birth certificate, so our question there is because she currently cannot change the name presented on that piece of documentation, how can this affect her emigration process and what (if anything,) can be done to rectify this so that the process is not slowed down more than it already may be because we are not married and are not currently living together (as common-law or otherwise)? In this case I believe we’d be classified as what’s known as a 'conjugal relationship', or a relationship where (by definition) there are external barriers that are preventing us from presently living together as any other couple would, and with respect to our situation that largest barrier is indeed the distance put between us, myself within a province and she within a state, and the border between the U.S. and Canada between us. If my definition of a conjugal relationship is incorrect and that is not what I and my girlfriend fall under, please correct me and let me know so that if I need to I can start to look for help in other places.

I am not sure if the term ‘conjugal relationship’ fits us because yes we are unable to live together or present publicly together because of distance and being a long distance relationship, living in two separate areas (again a province and a state,) but it is not due to separation because of war or other armed conflict within our places of origin and so this is also why I am not sure that we are a conjugal relationship or not, because all we are dealing with is long distance and not war or armed conflict.

We are also confused as to how long our relationship needs to have been before we can be considered for the process of her emigrating and me sponsoring her. I have read that as of October 2012, a partner who applies to emigrate and a partner who sponsors the person emigrating to Canada need to proceed through a time-period in which conditional permanent residence occurs. It is then my impression that both partners need to have cohabited or lived under the same roof in a conjugal relationship for a period of two years that starts after the day they are confirmed a permanent resident in Canada. I have read that these circumstances apply if we are married for two years or less (but are currently unmarried) have dated for four years but have been married for two years or less, have been in a conjugal relationship for two years or less, or has lived together in common law for two years or less. We do not have any children. So, knowing all of this information and because we are not married, how long has our relationship had to have existed before she can emigrate and I can sponsor her, and we will actually be considered? Will we have to have dated for four years in order to be considered for the process, even though we are not and have never been married?

When we are able to we are planning to get married as soon as possible, whether that be through signing papers to a marriage license or actually getting to have a formal ceremony and reception (or both). I am aware however, that even if a couple decides to marry by the signing of papers and by a marriage license, wherever this takes place (ie: in a courthouse or city hall,) that there is still a verbal confirmation of the marriage that occurs regardless of the method and setting of the marriage and whether or not the pair has a formal ceremony to commemorate their marriage or not.

If you can provide any information in regards to our situation or answers to our questions, it is greatly appreciated by us both. I know we’re not alone and that our situation is not uncommon, but the more we talk about wanting to live together and wanting to get married, everything just seems so bleak because we don’t have the right answers we need to get the process started and move forward and closer to one day getting married and living together. So, thank you in advance for your input.
 
As a US-Canada couple, there are no barriers preventing you from becoming common-law or getting married, so conjugal does not apply to you. Conjugal is for cases where they cannot get married, such as in the Philippines where divorce is illegal or in any country where same-sex marriages are illegal, and they cannot live together because of an immigration barrier (they were refused visas to each other's countries, or living together could be dangerous, such as in the Philippines, where a person cannot get divorced, and cannot live with their new partner, because that's adultery/concubinage).
CIC expects legitimate couples to make sacrifices to live together, so one partner/spouse would move to live with the other. School and employment are not considered barriers for CIC.

In order to apply as common-law, you must have lived together for 12 consecutive months, and be able to prove it. There is no minimum time if you are applying as a married couple. You are reading about the conditional PR. Where couples who don't meet that criteria (having been married for 2 years, or having children, etc) are given conditional PR status. That just means that the couple must live together for 2 years after being granted PR. It does not specify a minimum time before you can apply, just that you might be given conditional PR status.
 
Thank you, we really do appreciate your reply! Knowing this now, any other information or advice in regards to becoming common-law is appreciated. I also apologize if I have inconvenienced anyone here, as I know what we're going through is really minor compared to what others here may be dealing with.
 
ava_hime_013 said:
Thank you, we really do appreciate your reply! Knowing this now, any other information or advice in regards to becoming common-law is appreciated. I also apologize if I have inconvenienced anyone here, as I know what we're going through is really minor compared to what others here may be dealing with.

As MilesAway explained, you really have two choices if you want to sponsor your girlfriend. Either get married - or physically live together for a year first to qualify as a common law couple. Once you are either married or common law, you can start the process of sponsoring her for PR in Canada.
 
It's important to get the terminology exactly right. There are three kinds of conjugal relationships possible for a Canadian PR application: a marriage, a common-law partnership, and a conjugal partnership. The word conjugal means "marriage-like" and any relationship that qualifies has to be just like a marriage. The most common reason why "conjugal partnership" applications fail is that the applicants think they are in a conjugal partnership, but they aren't.

It's not impossible for a Canadian/American couple to qualify under the conjugal partnership category, but it is very difficult, and most applicants under that category are not in such a partnership anyway. There was at least one couple who were active on this board 4-5 years ago who were successful with a Canada/U.S. conjugal partnership application.

I don't believe from your description that you have a conjugal partnership. It's not possible to sponsor a girlfriend or boyfriend. Someone that you are dating, even if you have every intention of marrying later on, does not qualify. You have to have a relationship that is just like a marriage in every way possible and it has to be "of some permanence" (keeping in mind that marriages don't always last forever either, but are generally intended to at the beginning).

If you did want to do a conjugal partnership application, you'd have to show that your relationship was marriage-like in every possible way, and had been for at least a year. You'd also have to have some reason why you didn't just get married or live together instead. You'd have to show things like joint bank accounts, wills leaving your things to each other, life insurance policies, that your present yourselves as a couple everywhere you go, that you are in constant contact even when you can't be together, and many other things. Even if you had all of that, your file might be reviewed by an officer who was not sympathetic to your situation and was not convinced that you were just avoiding marriage because you didn't want to make a commitment.
 
ava_hime_013 said:
My girlfriend and I are in a long-distance relationship. We met online, and she's from New York and I'm from Canada. We're both turning 23, and have talked about how we'd like to move in together and start living together, but because of the distance this would require that she emigrate to my province and city. We're not married yet, so one of our worries is completing the emigration process while being unmarried. She's also currently finished school (I am preparing to graduate) and is employed, though the job she has right now isn't within the field she graduated for. I am unemployed but am going to start looking for work after grad, and I am also on disability because of long term, lifelong health issues.

My girlfriend is also transgender and in a position where she cannot change the name on her birth certificate, so our question there is because she currently cannot change the name presented on that piece of documentation, how can this affect her emigration process and what (if anything,) can be done to rectify this so that the process is not slowed down more than it already may be because we are not married and are not currently living together (as common-law or otherwise)? In this case I believe we'd be classified as what's known as a 'conjugal relationship', or a relationship where (by definition) there are external barriers that are preventing us from presently living together as any other couple would, and with respect to our situation that largest barrier is indeed the distance put between us, myself within a province and she within a state, and the border between the U.S. and Canada between us. If my definition of a conjugal relationship is incorrect and that is not what I and my girlfriend fall under, please correct me and let me know so that if I need to I can start to look for help in other places.

I am not sure if the term ‘conjugal relationship' fits us because yes we are unable to live together or present publicly together because of distance and being a long distance relationship, living in two separate areas (again a province and a state,) but it is not due to separation because of war or other armed conflict within our places of origin and so this is also why I am not sure that we are a conjugal relationship or not, because all we are dealing with is long distance and not war or armed conflict.

We are also confused as to how long our relationship needs to have been before we can be considered for the process of her emigrating and me sponsoring her. I have read that as of October 2012, a partner who applies to emigrate and a partner who sponsors the person emigrating to Canada need to proceed through a time-period in which conditional permanent residence occurs. It is then my impression that both partners need to have cohabited or lived under the same roof in a conjugal relationship for a period of two years that starts after the day they are confirmed a permanent resident in Canada. I have read that these circumstances apply if we are married for two years or less (but are currently unmarried) have dated for four years but have been married for two years or less, have been in a conjugal relationship for two years or less, or has lived together in common law for two years or less. We do not have any children. So, knowing all of this information and because we are not married, how long has our relationship had to have existed before she can emigrate and I can sponsor her, and we will actually be considered? Will we have to have dated for four years in order to be considered for the process, even though we are not and have never been married?

When we are able to we are planning to get married as soon as possible, whether that be through signing papers to a marriage license or actually getting to have a formal ceremony and reception (or both). I am aware however, that even if a couple decides to marry by the signing of papers and by a marriage license, wherever this takes place (ie: in a courthouse or city hall,) that there is still a verbal confirmation of the marriage that occurs regardless of the method and setting of the marriage and whether or not the pair has a formal ceremony to commemorate their marriage or not.

If you can provide any information in regards to our situation or answers to our questions, it is greatly appreciated by us both. I know we're not alone and that our situation is not uncommon, but the more we talk about wanting to live together and wanting to get married, everything just seems so bleak because we don't have the right answers we need to get the process started and move forward and closer to one day getting married and living together. So, thank you in advance for your input.

One thing you could do to satisfy the 12 month common-law is, has your partner attended university full time for at least a year, if so she would eligible for a swap visa which is an open work permit for U.S citizens whom have had full time studies of at least one year at a college institution, this is what i did when I graduated from College in 2012, i applied for the swap visa and stayed with my partner from 2012-2013. with the swap visa, she is able to work in any field except child care and the medical field but otherwise its an open work permit for 12 months, that could be an option to get her to Canada right away and as soon as that expires, submit the P.R application to have her sponsored, just a thought.