Hello everyone, I was just wanting to know if anyone would know, ,how hard it is to get residency by filing under conjugal relationship..My gf lives in canada and I live in texas, and we are getting all our paper work together, and just about done, and we are sending it at the end of the month ...would just like some imput, that hopefully will put my mind at ease, by gf and I been in this relationship since 2001, anyways ty for taking the time to read this
Susan
Hey Susan,
Welcome to the Forum..!!!!!
I applied as a common-law and was successful but I do know of others that have had significant problems applying as a conjugal partner. I think Joohlyia knows more about this.
Anyway, welcome :)!!!!!
Hey susan and welcome to the board!
My wife and I applied under spousal from inland... we were going to go the conjugal route but heard a lot of horror stories, from straight as well as same sex couples so decided against it. We had enough evidence to apply common law, but had plans to marry so we went that route.
Not to scare you, but I have heard horror stories. Chelle can vouch for that, but i've also had a friend of mine from NY succeed in the conjugal route in the same amount of time that my wife and I got approved in spousal. So I guess it all just really depends on how much proof of your relationship you have, how solid you can proove, etc. (i just spelt proove like 4 times and it doesn't look right. prove, proove, whatever, it's monday.. lol)
Anyhoo, welcome, and if you need help, don't be afraid to ask or email us! We're here to help!
the first question they will ask is - what is stopping you from getting married or living common law. If you can't come up with anything beyond convenience, they will throw out your application.
However, if you can prove marriage under the current circumstances is impossible, and you can establish that your relationship is genuine-with strong evidence, you might be able to suceed.
If you are a same sex couple, you have the option to be married in Canada, and as US citizen you have the freedom to travel into Canada at will... this reality is not in your favour.
hope that helps
Hi Susan,
I posted my response in the other forum, but here it is again for your reference.
I don't think you would qualify to apply under conjugal partners. In your case, there is no impediment to cohabitation, nor there is an impediment to same-sex marriage.
CIC defines conjugal partners as follows (See CIC processing manual OP02, Section 5.45):
"5.45. What is a conjugal partner?
This category was created for exceptional circumstances â for foreign national partners of Canadian or permanent resident sponsors who would ordinarily apply as common-law partners but for the fact that they have not been able to live together continuously for one year, usually because of an immigration impediment. In most cases, the foreign partner is also not able to marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, i.e., they have been in a bona fide conjugal relationship for a period of at least one year."
Link: http://www.cic.gc.ca/manuals-guides/english/op/op02e.pdf
I do travel back and forth to see her in calgary, and she comes here to houston and we take trips to other places..I work here, and need to be able to work there, I have a daughter whom I take care of and she is a full time student, and will finish high school in june, and then off to colleage, she also has cyrbal palsy and I have been taking her in that manner as well and she is doing wonderful and has now been released from shiners hosptial, but while she will be going to school here, I cannot just not work, and take care of her, I will still have to send money here while she lives with my mother cause she cannot work and go to school and she has a learning disability and will need to concentrate soely on schooling...and I cant just live in canada without the proper paper work or am I mis informed ? and the states do not recognize same sex marriage...
a job and responsibilites are still not enough for CIC. Come to Canada for a holiday, get married and go back to continue as you were.
are you anticipating bringing your daughter to Canada with you? You may be facing some medical inadmissability issues.
Joohliya Wrote:are you anticipating bringing your daughter to Canada with you? You may be facing some medical inadmissability issues.
I'm pretty sure the only medical inadmissibility issues with spouses and dependant children of spouses are with serious communicable diseases (TB, AIDS, etc). Burden on medicare system isn't supposed to be a barrier in those cases.
My daughter has cyrbal palsy, shes not contangious ...and now walks and speaks two languages and does well, but no matter how well she does, she will always have cyrbal palsy My daughter will go to school in the states as her schooling is already paid for, but later she may want to come to canada..I have called the phones number that was posted and now my gf is calling the number for canada so we can make an appt with them and find out our best option, but I want to thank each and everyone for your inputs...
fully understood that she is not 'contagious'. the act says...
Each medical case is analyzed individually, taking into account your full medical history. If the disease or disorder poses health risks to Canadians or places excessive demands on the Canadian health care system, it may result in medical inadmissibility.
excessive demands is the part that is where I am suggesting you may find your challenge.
Joohliya Wrote:Each medical case is analyzed individually, taking into account your full medical history. If the disease or disorder poses health risks to Canadians or places excessive demands on the Canadian health care system, it may result in medical inadmissibility.
Medical inadmissibility due to excessive demands on the Canadian healthcare system is not applicable to spouses, common-law partners, conjugal partners, and dependent children who are members of the family class.
From the link wongn posted above, section 5.19 and 5.20:
Quote:5.19. Medical requirements
Members of the family class are medically inadmissible if they or their family members are likely to be a danger to public health or to public safety or if their admission might reasonably be expected to cause excessive demands on health or social services [A38(1)]. See Exceptions to medical inadmissibility, Section 5.20 below.
Instructions on medical examinations can be found in OP 15. That chapter also explains how to interpret medical results to determine if the applicant is medically admissible and the steps to take before informing applicants that they are refused for medical reasons.
If a member of the family class or a family member is found to be inadmissible for medical reasons, and no new information is provided (see OP 15), the application should be refused.
See OP 20 for information on Temporary Resident Permits.
5.20. Exceptions to medical inadmissibility
A38(2)(a) states that spouses, common-law partners and dependent children who are members of the family class are not inadmissible even if they have a medical condition that will result in excessive demand to health or social services.
R24 provides further exemption from medical inadmissibility that might reasonably be expected to cause excessive demand on health or social services for conjugal partners and children to be adopted.
I also noticed
this about qualifying as a dependent child: "is 22 years of age or older, has depended substantially on the financial support of a parent since before the age of 22 and is unable to provide for him/herself due to a medical condition."
looks like you will be OK
Ty everyone and to Joohliya, Im like any mother and can be defensive when it comes to my daughter, I have made her independant, to walk, speak two languages, when everyone said I could not, taught her how to walk all over again when she was 8 after muscle transfers., but I do owe you an apology if I came on to defensive..My gf is going to speak to a lawyer tomorrow, and I called one of the phone numbers posted here, the 1-800 o-canada one, spoke to a real nice lady, she said we do have a strong case..but either way we will try conjugual and if that does not work, we will try another route, and I will look for work and a company to sponsor me to work there, the o-canada number said alberta was hiring alot of immigrants...so guess its like amanda basically said just proof and luck of the draw pretty much..if not then we will get married...so ty all
Goodluck Susan.
Just remember we're here for ya. And no matter what, on evidence/etc just give them anything and everything, even if you think they don't want/need it. Send it anyway!
Take care!
Susan - Don't waste your time filing a conjugal partner ap. I don't mean to be negative but I've read so much, and I've seen the he** that people in marriages, and who've been living together, and who are willing to give up everything in order to be with their partners are put through. And CIC keeps asking for more. The chances of your being approved in the conjugal category are slim to none because you are not in a situation where you cannot get married. At this time it's your choice not to get married. If you submit an application for PR in the conjugal category you are in for months, maybe years, of waiting - and during that time you may decide to marry anyway (under which circumstances you would be better able to qualify for PR) and you'd be stuck waiting on a conjugal ap that will most likely fail for you anyway. And, it's not going to get you to Canada in a situation where you can work anyway! I'm not saying you have to get married now - it's just that if you want a way to live together first, you should concentrate on that. Hoping immigration will provide a way for you to live together so you can decide whether to marry is just not gonna fly. That's not what they do.