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Are These Circumstances Enough to Prove Conjugal Partnership for Canadian Visa Apps?

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    Are These Circumstances Enough to Prove Conjugal Partnership for Canadian Visa Apps?

    So, it has been a while since I've posted. Life just gets so crazy...

    My SO and I are, after significant issues, ready to close the distance.

    If marriage is the only option, it is the route we will take, but we first want to consider alternatives because we both have a vision for a wedding that we know we cannot afford yet since I'm still a student and he will be graduating in the spring.

    Thus, we were looking at visa eligibility (he is from the UK and will be moving to Canada) and noticed the category of conjugal partners for spouse sponsorship. The government website describes conjugal partners as follows:

    "This category is for partners—either of the opposite sex or same sex—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

    A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship and there is the same level of commitment as a marriage or a common-law relationship.

    You may apply as a conjugal partner if:

    - You have maintained a conjugal relationship with your sponsor for at least one year and you have been prevented from living together or marrying because of:
    - An immigration barrier
    - Your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or your sexual orientation (for example, you are in a same-sex relationship and same-sex marriage is not permitted where you live)
    - You can provide evidence there was a reason you could not live together (for example, you were refused long-term stays in each other’s country).

    You should not apply as a conjugal partner if:

    - You could have lived together but chose not to. This shows that you did not have the level of commitment required for a conjugal relationship. (For example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together.)
    - You cannot provide evidence there was a reason that kept you from living together.
    - You are engaged to be married. In this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months."


    Now, first of all, since we were both in school, that is one reason why we couldn't go forward with marriage. Second, though he did not apply, he was otherwise not eligible for any long-term stays and thus we could not live together. We didn't want to waste the money on the application fees since we knew he wasn't eligible. We've been together six years. Are these circumstances enough, or should I start planning a wedding?

    #2
    I'm assuming

    (For example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together.)
    would disallow you from being able to use your schooling as a reason. However, if you can prove he's not eligible for long-term stays, that could potentially be your in?

    Comment


      #3
      I don't know much about visas so I won't try to say too much, but one of your reasons for using this is school and it says to not apply if you were choosing not to live together because of a job or course of study. That may be an issue for you when applying for this. Other than that, I hope someone else can help you out better than I can. Good luck. ^_^;
      "Babe, I'm totally murdering everyone in this building right now! ... You would be so proud of me."
      This. This is only one of the reasons that I love this man. XD



      "I'll surrender up my heart and swap it for yours."
      Por siempre, mi amor. ♥

      Comment


        #4
        Have you tried the work visa route? (Not sure if that falls under "not being eligible for long term stays" you mention.) See here.

        I'm a Canadian on a similar visa in the UK right now. I have a friend whose English boyfriend moved to Canada on a work visa & is now applying to settle there (I'm not sure of all the details unfortunately).
        Last edited by flugelhorn; January 27, 2013, 07:30 AM.

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          #5
          You can't apply for this visa it would be a waste of time and money. This is a "last resort" visa for many couples that are in extreme circumstances it seems.

          Comment


            #6
            What digitalfever said

            Canada has many working holiday programs with different countries.
            LINK is here
            UK is on the list. Working holidays can be valid for up to two years for people ages 18-35 (though that might just be for Aussies, because this site says up to a year. But whatever, a year is all you need to prove and most working holidays can get extensions, never fear) That gives you plenty of time to find a place together, get some things (bills, bank accounts, a lease) in both your names, live together for a year, gather your documents and apply for residency as common law partners.

            You need a lot of proof for Family Immigration Visas, including the conjugal partner one. Telling them you couldn't get the visa wouldn't be enough. Immigration don't take your word for stuff, you prove it to them with documents. It sucks balls, but that's how it is.
            Last edited by Zephii; January 28, 2013, 04:42 PM.
            Happily married to the little Canadian boy I never thought I'd meet in person

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              #7
              I'm pretty sure that you will be denied the conjugal spousal visa because the only barrier to you two being together is school (which can be easily cancelled by your SO), which is not an impediment by any stretch.

              Your SO should be eligible for a Working Holiday visa which is eligible for 1 year (refer to Zephii's link). After that year, you should be eligible to apply for a common-law visa if you are smart and save as many pieces of evidence as you can over that period.

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                #8
                Do the K1 visa! That's what my fiance and I are doing.
                "I love the stars and the moon because I know that I'm always sitting under the exact same ones as you"

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