Would my girlfriend and I qualify as conjugal partners?

[jghfdfg]

My girlfriend is Brazilian, and I am Canadian. We met in Canada while she was on a scholarship through school and we have been together for about a year and a half. In December of 2015, she went back to Brazil to finish her studies. As a part of her scholarship agreement (she did sign a contract), she must complete her studies in Brazil, and her graduation date will be sometime in November 2017. After she had left, I visited her in Brazil for three weeks in December/January. I'm also going down there on a two-month study visa for school, starting soon. She is also planning on visiting me during December/January 2016/2017 and will probably have her ticket bought for the trip before I leave in September.
During our time apart, we have remained in close contact and Skype with each other for several hours per day - there is no doubt in either of our minds of us having a future together. We talked about getting married when I go down there this month; however, her parents don't approve of her marrying me with me leaving shortly after that. They think we should co-dependent once married. As I previously mentioned, SHE SIGNED A CONTRACT WITH SCHOOL WHICH PROHIBITS HER FROM DROPPING OUT OF HER PROGRAM UNTIL IT'S COMPLETED. If she did drop out, she would have to break the contract agreement and pay the entire sum of money the school gave her while she studied in Canada. With tuition and living expenses, that would be over $40,000 CND (and of course, breaking the contract agreement is against the law). So, with this, would we be good candidates for conjugal partners?
Also, we did live together for about eight months when we were together in Canada. Unfortunately, we have no real way of proving this because my name wasn't on the rental agreement.

 

[Ponga]

No, because there is no reason why you cannot live together (in Canada or Brazil, or anywhere else), or get married.

She can enter Canada as a visitor and apply to extend your stay to meet the required 1 year of cohabiting (to qualify for a common-law sponsorship), or get married and apply for spousal sponsorship. Since she is `trapped' by the school, marriage seems like the only option in the near term.

Conjugal is only for those that cannot live together or get married, but not for the reason that you've cited, unfortunately.

 

[jghfdfg]

We can't live together because she can't break her scholarship agreement.

 

[sweetlife]

hi, in order to apply as commonlaw you need to be living for two years or more continously, and you need proofs like, rent together and bills and so on, so i think the best solution for you guys is to get married, apply for sponsorship, then once she finnish school in 2017 as you said you will have answer by that time or about to get final answer, by that you won't lose time, but you have to convince her parents tough

 

[Ponga]

We can't live together because she can't break her scholarship agreement.

That's not going to work, because it is her choice not to leave. CIC doesn't care about breaking a contract with a school and the financial consequences.

Trust me...it will NOT work.

 

[jghfdfg]

I understand she would have to be in the country for the entire processing time if we get married and apply once she finished school. If we went that route, could she go to school here? I talked to a lawyer and he said she would only be able to be here on a visitors visa for several months or something.

 

[jghfdfg]

But what about the legal implications of her breaking the contract? Wouldn't that hold some ground?

 

[Decoy24601]

But what about the legal implications of her breaking the contract? Wouldn't that hold some ground?

No, that is not a hard legal barrier to either you getting married or becoming commonlaw. Not getting married because her parents don't approve is also a personal choice, since marriage is still a legal option.

 

[jghfdfg]

So if I applied inside of Canada once she is done school in Brazil, could she go to school here?

 

[Ponga]

But what about the legal implications of her breaking the contract? Wouldn't that hold some ground?

NO!

I hate to be the bearer of the bad news, but you should abandon the idea of a conjugal sponsorship ASAP.

 

[Decoy24601]

So if I applied inside of Canada once she is done school in Brazil, could she go to school here?

Only after she has PR. If she wanted to come sooner and go to school then, she would need to apply for a study visa separately. She could qualify for the Open Work Permit with inland, but that only allows her to work, not study.

 

[Ponga]

So if I applied inside of Canada once she is done school in Brazil, could she go to school here?

You will need to live together for 1 full year (or get married) before you can submit an application; Inland or Outland.

She would need a study permit to attend school in Canada. Once she is a PR, she obviously wouldn't need one.

 

[jghfdfg]

You will need to live together for 1 full year (or get married) before you can submit an application; Inland or Outland.

She would need a study permit to attend school in Canada. Once she is a PR, she obviously wouldn't need one.

I'm asking hypothetically; she graduates in 2017, comes here and we get married then apply inland. The lawyer said something about not being permitted to work for a period of 5 months after the application is sent. Is this true? What if she came her on a study visa, could we still apply if she was here under a study visa?

 

[MilesAway]

If you apply inland, it takes about 5 months for the OWP, so yes, that's about right. I would recommend outland though, once you are qualified. Brazilian applicants are generally processed really fast, including some who were done in 4 months.

 

[Decoy24601]

I'm asking hypothetically; she graduates in 2017, comes here and we get married then apply inland. The lawyer said something about not being permitted to work for a period of 5 months after the application is sent. Is this true? What if she came her on a study visa, could we still apply if she was here under a study visa?

That's only because the Open Work Permit takes about 4-5 months to process and arrive. It doesn't matter if she's on a study visa or visitor status, she can still apply for PR after you are either common-law or married.

If I were you, I'd ditch the lawyer. It sounds like s/he is giving you incomplete information that is easily found online. In my opinion, it's not worth the money unless you have serious issues like criminality.