Conjugal Partner Visa

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visaplace.com            
Subject: Conjugal Partner Visa
  Hi, this is my first post on this forum and I was hoping to get some extra info or people’s experiences with regard to the Conjugal Partner Visa.

I currently reside in Ireland and I am hoping to apply for the visa in the next few weeks. My girlfriend is a Canadian citizen and has resided there all her life.

On the CIC website it states that you may apply as a conjugal partner if:

1. 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
2. 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).

With regard to No. 1 - maintaining the relationship for a least one year, this we have done for just under 2 years now and it can be proved by airline tickets, proof of multiple visits to each other’s countries from passport stamps, phone call logs, emails, photos and a whole lot of other documentation as far back as 2008. Now in terms of being prevented from living together, we have been on account of me being an Irish citizen I am only entitled to stay in Canada for a max of 6 months without a visa and I’m hoping this would be considered an immigration barrier. Does anybody know if this would be so or have a list of reasons that would be classed as immigration barriers?

With regard to No. 2 – as an example it states “you were refused long-term stays in each other’s country” Now I have not made an application before to extend my stay in Canada because I had to return to Ireland each time for work commitments. Each time I have visited Canada my stay is for a 1 month period. Is it completely necessary to have been refused a long term stay or again would it be considered that on account of me only being entitled to stay 6 months visa free? Also does anybody know of any other reasons that would qualify?

From future research I have done on this visa type application I found that my girlfriend will have to sponsor me and support me but my intentions are to find work. I was unable to find an answer with regard to me being entitled to work during the sponsorship. Does anybody now if you are allowed to work or do you need to apply for a work visa also?

As well I was unable to find a definitive answer with regard to the extent of time a conjugal visa application takes. Does anybody know what kind of time frame I am looking at?

To give you the reader a small insight into my situation I work for the Irish Government and I am allowed to take a career break during my employment. This also comes with the guarantee of my current job back should I need to return to Ireland. My intentions however are to take it and move to Canada permanently. From reading up on the visa type I see that should I fall on hard times financially I am not entitled to claim any financial support from the Canadian government and that it falls to my sponsor (girlfriend) to support me. So because of the fact that I’m on a career break, have a guaranteed job on my return to Ireland should I be unable to find employment in Canada it shows that I would not need to try and claim any support from the Canadian government. I am hoping that this would appear strengthening to an immigration officer and they would take this into account when reviewing my application.

So basically in a nut shell my girlfriend and I are in a committed relationship intending to marry in the next couple of years. We have vast amounts of proof to the relationship being genuine and the fact that I can stay no longer than 6 months in Canada visa free makes the conjugal partner visa type seem like the application we should take.

[24-09-2010,17:13]
[**.100.180.19]
Brian
(in reply to: Conjugal Partner Visa)
Girlfriend/boyfriend relationships do not cut it with CIC. Conjugal is designed for same sex couples in countries where marriage or common law might result in jail. Honestly, I have yet to hear of a straight couple being successful with a conjugal application. It may also fit in cases of arranged marriages. There is nothing stopping you from getting married... so CIC is going to say - prove your relationship is legit and enduring. Needing to return to your job is not a good reason.

Inland applications take 12-18 months. We do not recommend them as appeals are not allowed. You cannot work until your partner is approved for sponsorship - that can take 6-8 months.

You would be better off coming for a visit and applying outland. You still cannot work but the process is faster and there are appeal options.

However, this conjugal app idea is going to be a big problem for you.

[24-09-2010,20:56]
[**.154.245.217]
Sharon
(in reply to: Conjugal Partner Visa)
Sharon

You forgot the four most scary words known to man.


Will you marry me!

I love these people who say that they are in a committed relationship of at least two years. Then he says we intend to marry in the next couple of years.

I just can not imagine playing poker with him. Raise, Call or Fold dah..... give me four years, I need to think about it. LOL

Roy
cvimmigration.com

[25-09-2010,06:30]
[**.92.79.73]
Roy
(in reply to: Conjugal Partner Visa)
Hi Brian,

Once you get your Permanent Residency you are entitled to work in Canada. In fact, you must sign a document stating you will try your best to sustain yourself financially. So, it is your obligation to make an effort to find work in Canada after you become a Permanent Resident. You can´t work during the application process without the appropriate visa though.

As well you CAN apply for welfare in Canada if you cannot find work. But it will be your partner who will have to pay it back to the government if this happens within the first 3 years.

Financially you look to be on stable ground, but also remember that the CIC care more about your GF´s current situation. Because she is not your spouse, I think she must earn a certain amount of money to prove she can support you. A minimum of around 27000 CAD a year, I think.

Hope this helps,
sandwish

[25-09-2010,07:46]
[**.113.55.14]
sandwish
(in reply to: Conjugal Partner Visa)
Sandwich... go back and read the cic website again.

Welfare is not even an option until someone has landed. We are not even sure this couple will have an acceptable application!

There is no minimum income requirement for spousal family class unless there are children involved.

Roy is right, your best solution is to get married and apply outland.

[25-09-2010,13:38]
[**.154.245.217]
Sharon
(in reply to: Conjugal Partner Visa)
Hi Sharon,

Eep, my bad! I had another look and you´re right there is indeed no financial requirement. My apologies to Brian!

Sorry, I assumed from Brian´s post that he was applying outland. You can claim welfare after you have gotten your PR status. But yes, not before.

Thanks for your quick corrections!

[25-09-2010,15:59]
[**.113.55.14]
sandwish
Conjugal Partner Visa (in reply to: Conjugal Partner Visa)
Sharon & Sandwish I appreciate your replies, but Mr. Roy Kellogg of cvimmigration.com I do not appreciate sarcasm so I would ask that you refrain from any more posts on this topic.

Sharon when you state “Conjugal is designed for same sex couples in countries where marriage or common law might result in jail” this is not exactly true. On the CIC website it states under Conjugal Partner “This category is for partners—either of the opposite sex or same sex” Below is a link from a past post in which the applicants (opposite sex) were successful under the Conjugal app, granted the situation is different to ours in that the one of the applicants was a fiancée but similar in the distance relationship and a lot of other ways.

http://www.canada-city.ca/canada-immigration/posting.php?messageid=5922

Indeed I agree with you Sharon marriage would make the visa process easier and we have spoke extensively about it, not for the purposes of obtaining a visa but because we want to get married. However we both come from a strong catholic backgrounds and a rush job for example a registry office is not an option for us we plan on doing it the traditional way.

If CIC did ask for us to prove our relationship is legit and enduring that is not a problem. We can provide them with phone records, travel records, correspondence, sworn declarations from family members, friends, work colleagues that they are aware of our relationship and our intentions to live together in Canada. Basically we can supply them with vast proof to the relationship and also proof that we have spent significant time together. Yes my reason for returning after each month vacation was work but this has to be done in order to earn money to support myself in Canada following a successful application and during the period until I have secured employment within Canada. Another option is I can take the career break stay in Canada for 6 months as I am allowed to do as an Irish citizen, return home on a vacation for a couple of weeks and return to Canada again for another 6 months. If I end up having to go this route it may just be easier to make my application in Canada.

Sandwish, my intentions are to find work as quickly as possible in Canada following a successful application. The reason I was referring to “welfare” in my original post was I intend enclosing a declaration with my application highlighting that if needs be on account of not securing employment within Canada whilst I’m there I have full time permanent Government employment that I am able to return to should things not work out in Canada therefore possibly a CIC officer may look at this as me being someone who would not need to claim welfare benefits. Basically in simply terms why would I stay and struggle financially in Canada when I can return to Ireland and be financially secure.

With regard to my GF’s situation she too is in a highly qualified permanent Government employment in Canada so in terms of her being able to prove to CIC that she can financially support me this is not a problem.




[25-09-2010,17:13]
[**.100.180.19]
Brian
(in reply to: Conjugal Partner Visa)
I have been an immigration junkie for about 8 years now. I am not kidding when I say I have not seen one successful conjugal application - regardless of what the CIC website says.

All the financial support questions are red herrings in your situation. Your current status is the only thing that is going to mess this up.

Once upon a time there was a fiance class - bring the sweetie to Canada and you had X number of days to get married. They closed that door about 5 years ago - if not more. Intent is no longer cuts it.

While I respect your desire for a traditional wedding etc. on the grounds of your religious beliefs - a cynical CIC officer may easily say... well, if they are so religious... why are they sleeping together or co-habitating.

Immigration has a funny way of sweeping aside a lot of personal decisions about the order of things and how things should be done. In reality, there is nothing preventing you from having a civil ceremony that will allow a CIC application to proceed and then have a fancy catholic wedding at a later date that suits you. You won´t be the first and you won´t be the last.

The hardest part of this is to fit your plans and expectations into the Canadian immigration box. They are not going to accommodate you... you will have to accommodate them.

You can attempt your conjugal application. All it will cost you is time and some money. A rejected application will not prevent you from trying again at a later date. The other option... find out if you qualify on your own merits and come as a skilled worker.

[25-09-2010,18:41]
[**.154.245.217]
Sharon
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