What is an immigration barrier ?

[IAZ1111]

Hi,
I am a Canadian citizen and have been in a heterosexual relationship with a partner who is a German citizen since August 2015. We have seen each other on a regular basis (every 4 weeks on average) either in Germany, or in Canada or elsewhere in Europe. We have not lived together continuously for a year because we both have work obligations in our respective countries and because I have a child who is still minor. We did however spend more than a total of one year together over the past three years.We are a couple to everyone arount us, family and friends.

I was accepted by Immigration Canada to sponsor him and he got his CSQ from Quebec, but today, at his interview in Vienna with the Canadian immigration officer, he was turned down. The reason given is that we must live together for a period of a year. But does not the fact that he cannot work in Canada and that I cannot work in Germany, plus that I have a minor child that I am responsible for, constitute "an immigration barrier ? Any chances to overturn this decision if we appeal ???
We do not want to get married only for administrative reasons.

Your opinions and advice are greatly appreciated.

Thank you

 

[kcward7]

Hi,
I am a Canadian citizen and have been in a heterosexual relationship with a partner who is a German citizen since August 2015. We have seen each other on a regular basis (every 4 weeks on average) either in Germany, or in Canada or elsewhere in Europe. We have not lived together continuously for a year because we both have work obligations in our respective countries and because I have a child who is still minor. We did however spend more than a total of one year together over the past three years.We are a couple to everyone arount us, family and friends.

I was accepted by Immigration Canada to sponsor him and he got his CSQ from Quebec, but today, at his interview in Vienna with the Canadian immigration officer, he was turned down. The reason given is that we must live together for a period of a year. But does not the fact that he cannot work in Canada and that I cannot work in Germany, plus that I have a minor child that I am responsible for, constitute "an immigration barrier ? Any chances to overturn this decision if we appeal ???
We do not want to get married only for administrative reasons.

Your opinions and advice are greatly appreciated.

Thank you

No...an immigration barrier would mean there is no way for you to live together or marry.

There is nothing preventing you from doing either. He can come to Canada as a visitor for 6 months, and then extend to establish common law (but can't work) or you marry. It's some of the sacrifice you have to make with this application process.

There is nothing preventing you from doing either, which is why you will be rejected.

 

[ashpash22]

Hi,
I am a Canadian citizen and have been in a heterosexual relationship with a partner who is a German citizen since August 2015. We have seen each other on a regular basis (every 4 weeks on average) either in Germany, or in Canada or elsewhere in Europe. We have not lived together continuously for a year because we both have work obligations in our respective countries and because I have a child who is still minor. We did however spend more than a total of one year together over the past three years.We are a couple to everyone arount us, family and friends.

I was accepted by Immigration Canada to sponsor him and he got his CSQ from Quebec, but today, at his interview in Vienna with the Canadian immigration officer, he was turned down. The reason given is that we must live together for a period of a year. But does not the fact that he cannot work in Canada and that I cannot work in Germany, plus that I have a minor child that I am responsible for, constitute "an immigration barrier ? Any chances to overturn this decision if we appeal ???
We do not want to get married only for administrative reasons.

Your opinions and advice are greatly appreciated.

Thank you

No, unfortunately if the option to get married is available to you, then a conjugal application is not going to be approved. As frustrating as it might be to feel that you’ve only married to satisfy immigration, that’s how it works.

 

[IAZ1111]

Thank you for your answer. I wish we had known this before we spent all the time, effort and money on an application that was doomed from the start. There is no clear definition of "immigration barrier" on the the IRCC's website. The worst part is that we had gotten our hopes up. Now it is back to square one and from what I understand, there is no chance of him getting his permanent residency before 2 years.

What I do not understand, is why we came so far: why did he get his CSQ, and why did they ask for his medical examination results and his police record.

I can't imagine that we are the only ones in this situation, I just wish that this does not happen again to other couples because of unclear or incomplete information on the IRCC's website.

 

[scylla]

Thank you for your answer. I wish we had known this before we spent all the time, effort and money on an application that was doomed from the start. There is no clear definition of "immigration barrier" on the the IRCC's website. The worst part is that we had gotten our hopes up. Now it is back to square one and from what I understand, there is no chance of him getting his permanent residency before 2 years.

What I do not understand, is why we came so far: why did he get his CSQ, and why did they ask for his medical examination results and his police record.

I can't imagine that we are the only ones in this situation, I just wish that this does not happen again to other couples because of unclear or incomplete information on the IRCC's website.

FYI: Detailed info about conjugal partner requirements can be found in the link below (follow that link to the IRPR guide):

https://www.canada.ca/en/immigratio...onsor-your-spouse-partner-child.html#conjugal

 

[IAZ1111]

Thank you, we had seen this guide. But there is no mention of what an immigration barrier is or how restrictive is the conjugal partner definition.

 

[ashpash22]

Thank you, we had seen this guide. But there is no mention of what an immigration barrier is or how restrictive is the conjugal partner definition.

You aren’t the first. I’ve seen it a number of times on this forum. I do agree with you that it’s something that should be made a bit clearer. I don’t think it’ll take over two years for you, if you can arrange a marriage soon, the processing times are 12 months.

 

[Oldmacwright]

Getting married would make things so much easier for you both if neither one is able or willing to go live in each others country together for 12 months to attain common law status. Seems your only option really.

 

[Rob_TO]

Thank you, we had seen this guide. But there is no mention of what an immigration barrier is or how restrictive is the conjugal partner definition.

All the definitions of conjugal in great detail, as well as what makes up an immigration barrier, are in the OP manual for family class processing. It also states very clearly that if you choose not to become common-law, you MUST be married if it's legally possible. If you choose not to get married, then you MUST find a way to be common-law. If either option is available to you, a conjugal app will be rejected.
https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/op/op02-eng.pdf
5.25. Characteristics of conjugal relationships .
5.26. Assessment of conjugal relationships
5.45. What is a conjugal partner?
5.46. Can conjugal partners be substitutes for fiancé(e)s?
5.47. Assessment of conjugal partner relationships

Unfortunately this OP manual is not presented as part of the application package, and one must know about it somehow from other methods (like this forum).

For an immigration barrier, the only really valid one is if one requires a TRV to visit Canada and it is rejected. Work/employment related reasons are typically not considered as a real barrier, this is a personal choice. This means basically nobody from a visa-exempt country will ever ever qualify for conjugal except in the most rarest or unique of circumstances.

As such I personally wouldn't bother with an appeal, as your application was correctly refused. You should focus on a way to become common-law or get married, and then re-apply.

 

[IAZ1111]

Thank you all so much for your help and insights !

 

[WeegieInOttawa]

@Cobber this may be a useful thread to you.