Thread for Outland LONDON, UK Applications!

[katathfx]

i'm sure i have answered questions before for you . Isn't your partner from the U.k. and you are in Canada. If this is so you can't apply as conjugal partners. It will be either common law or spouse that you have to apply under.

Yes you have answered questions for me before We have yet to be legally married and how can we be common law if he can only be in Canada as a Visitor? I chose conjugal partner because for 5 years have been in a committed relationship (he visited me many times). We could not progress in our relationship because of an extremely adversarial separation/divorce proceedings I was going through. It was a nasty piece of business that took years to resolve.

He was here "visiting" me in Canada from Oct 2012 - May 2014. We applied extend his stay and that took until December 2013 for CIC to inform us of their refusal. Granted we did live together during this time, but from what I understand that in itself does not constitute a common law partnership. For common law they wanted proof such as rental agreements, utility bills etc in both our names or his. I thought I was doing the right thing by choosing Conjugal Partner... Have we totally messed up? !

 

[pudding]

RCMP CHECK
DECISION MADE 23RD MAY

 

[taffy7]

Yes you have answered questions for me before We have yet to be legally married and how can we be common law if he can only be in Canada as a Visitor? I chose conjugal partner because for 5 years have been in a committed relationship (he visited me many times). We could not progress in our relationship because of an extremely adversarial separation/divorce proceedings I was going through. It was a nasty piece of business that took years to resolve.

He was here "visiting" me in Canada from Oct 2012 - May 2014. We applied extend his stay and that took until December 2013 for CIC to inform us of their refusal. Granted we did live together during this time, but from what I understand that in itself does not constitute a common law partnership. For common law they wanted proof such as rental agreements, utility bills etc in both our names or his. I thought I was doing the right thing by choosing Conjugal Partner... Have we totally messed up? !

If he can visit you and you can visit him you can not apply as conjugal ... He would have had to come to Canada and lived with you for 1 full year for you to apply as common law. Even if you wasn't divorced he could still live with you .As a visitor he can keep extending his stay until he got his P.R. Sorry to be the bearer of bad news but yes you messed up.

 

[Mrs.Purcy]

It must be very frustrating. Just had a peek at the website, as of May 21 they were working on April 4. Yours has to be right around the corner. Hopefully it will update today with the new date they are working on. There has definitely been a significant increase in time for SA and decision made overall. May has been a slow month for the spreadsheet. I have seen others speculate it's because of a program that opened on May 1. Hopefully there will be a flurry of activity and they will push through a bunch of applications at the same time.

What program?

 

[ghunter]

What program?

The Federal Skilled Worker program, along with a few others re-opened on May 1, which is likely one source of the process slowing down a little bit.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2014/ob572.asp

RCMP CHECK
DECISION MADE 23RD MAY

Updated. Congratulations!

 

[Applicant7]

RCMP CHECK
DECISION MADE 23RD MAY

Congratulations fellow November 27th-er! I hope you get your COPR soon!

 

[canuck_in_uk]

He was here "visiting" me in Canada from Oct 2012 - May 2014. We applied extend his stay and that took until December 2013 for CIC to inform us of their refusal. Granted we did live together during this time, but from what I understand that in itself does not constitute a common law partnership. For common law they wanted proof such as rental agreements, utility bills etc in both our names or his. I thought I was doing the right thing by choosing Conjugal Partner... Have we totally messed up? !

Oh boy.

Understand that the legal definition of common-law has NOTHING to do with a person's immigration status. A person can be in Canada illegally and still become common-law after cohabiting with their partner for a year. So if he was living with you, even as a visitor, from Oct 2012 to May 2014, you are most definitely common-law and should have applied as such. There are many other proofs that can be used to prove common-law besides rental agreement and utility bills.

You should seriously consider withdrawing the conjugal app and re-submitting as common-law.

 

[katathfx]

Oh boy.

Understand that the legal definition of common-law has NOTHING to do with a person's immigration status. A person can be in Canada illegally and still become common-law after cohabiting with their partner for a year. So if he was living with you, even as a visitor, from Oct 2012 to May 2014, you are most definitely common-law and should have applied as such. There are many other proofs that can be used to prove common-law besides rental agreement and utility bills.

You should seriously consider withdrawing the conjugal app and re-submitting as common-law.

You cannot imaging how utterly beyond upset I am right now... how do I go about withdrawing the application?

 

[taffy7]

You cannot imaging how utterly beyond upset I am right now... how do I go about withdrawing the application?

I have been thinking of you .. i'm feel so bad telling you this info .. Will have to wait for senior member to answer this one i don't know.

 

[katathfx]

I have been thinking of you .. i'm feel so bad telling you this info .. Will have to wait for senior member to answer this one i don't know.

I don't know if this makes a bit of difference but in the narrative of the application it was explained why we couldn't be together. The ex-husband refused to leave the house. He lived in the basement apartment until the division of property was finalized and I bought him out of his interest in the house. In the mean time, I couldn't travel because of fear of what he would do to the house and I own my own business so I couldn't travel to the UK. Even thought we applied for Conjugal, we did get a Declaration of Common Law Union and included it in the application with narrative explaining all of this.

 

[taffy7]

I don't know if this makes a bit of difference but in the narrative of the application it was explained why we couldn't be together. The ex-husband refused to leave the house. He lived in the basement apartment until the division of property was finalized and I bought him out of his interest in the house. In the mean time, I couldn't travel because of fear of what he would do to the house and I own my own business so I couldn't travel to the UK. Even thought we applied for Conjugal, we did get a Declaration of Common Law Union and included it in the application with narrative explaining all of this.

So when he came to Canada you both didn't live together thats why you couldn't apply commonlaw. Honestly i don't think its going to make a difference .The rules are there and they don't deviate from them. I hope i'm wrong.You could marry him now and apply for spousal sponsorship

 

[canuck_in_uk]

I don't know if this makes a bit of difference but in the narrative of the application it was explained why we couldn't be together. The ex-husband refused to leave the house. He lived in the basement apartment until the division of property was finalized and I bought him out of his interest in the house. In the mean time, I couldn't travel because of fear of what he would do to the house and I own my own business so I couldn't travel to the UK. Even thought we applied for Conjugal, we did get a Declaration of Common Law Union and included it in the application with narrative explaining all of this.

From your previous post, I gathered that you had lived together from Oct 2012 to May 2014.

Did you actually live with your partner continuously for a year while he was here in Canada?

 

[katathfx]

So when he came to Canada you both didn't live together thats why you couldn't apply commonlaw. Honestly i don't think its going to make a difference .The rules are there and they don't deviate from them. I hope i'm wrong.You could marry him now and apply for spousal sponsorship

After the divorce was final, and ex move out. We lived together from October 2012 to May 2014.

 

[canuck_in_uk]

After the divorce was final, and ex move out. We lived together from October 2012 to May 2014.

Then you are common-law and don't qualify for conjugal.

 

[SchnookoLoly]

I don't know if this makes a bit of difference but in the narrative of the application it was explained why we couldn't be together. The ex-husband refused to leave the house. He lived in the basement apartment until the division of property was finalized and I bought him out of his interest in the house. In the mean time, I couldn't travel because of fear of what he would do to the house and I own my own business so I couldn't travel to the UK. Even thought we applied for Conjugal, we did get a Declaration of Common Law Union and included it in the application with narrative explaining all of this.

The point of conjugal is for people who literally cannot be together usually because of legal reasons - same sex couples in a country where homosexuality is illegal, or a couple who has gotten married in a country where divorce is not recognised so they literally cannot get married.

Neither the UK nor Canada has these restrictions. There was nothing to stop you and your boyfriend from living together, which you state you did, or from getting married now that your divorce is finalised - and this latter fact is probably what is going to cause you the biggest issue now. There is literally nothing stopping you from getting together in Canada, or the UK, or any other country and getting married. You are both legally able to get married now, and there are no legal reasons why you cannot. Therefore you will not qualify as conjugal partners.

Use this link to withdraw your application: http://www.cic.gc.ca/english/helpcentre/answer.asp?q=732&t=14