Conjugal Partner Visa Advice Requested

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Subject: Conjugal Partner Visa Advice Requested
  I have read a few of the posts in regard to this topic and was wondering if anyone could provide any advice or confirmation on whether they thought I have a chance at a Conjugal Partner Visa being approved.

I am in a same-sex relationship with my partner who is currently on a 1 year working visa in Canada. She is a British citizen and I am American. I know that these visas are typically for Canadian citizens sponsoring their partners, but I believe her visa has the possibility to sponsor someone.

We have been together for 5 years now. It has been a long-distance relationship for the majority of the time. We did not meet in person until last August. She stayed with me in Ohio for 5 weeks. I then stayed with her in England for 6 weeks starting in January.

She wished to leave England for various reasons and it is extremely difficult to immigrate to America, so we decided we would try Canada. She applied for a work visa through SWAP and was approved. It is much more difficult for me, as an American, to receive a work visa, and such programs do not exist for us (I am two years out of school and don´t meet requirements for any such "recent graduate" programs - which are usually just for visiting anyway).

She left England for the States this summer and stayed with me for 3 months before making her move to Canada. I drove her up and we have been living together in Toronto since the start of September. We have therefore been living together consecutively for 6 and a half months, plus the 11 weeks our respective trips racked up.

We can´t live together in America. I am unsure of whether I could actually live and work in England. I am not sure if this is a detail that would create a problem. I will obviously look more into it if it would be. I do know that I am only allowed 6 months to visit, however.

We don´t want to get married, but for the purpose of this visa, I will pretend that we do. Same-sex marriage is not allowed in my home state, nor is it legal at a federal level in the United States, so I don´t believe that our marriage in a state where it is legal would provide her with a visa or residence. I don´t know a lot about England´s laws, but to my knowledge, they don´t allow marriage either. I have to be honest and say that I also don´t know if we could have a marriage in Canada that would provide me with residency or a visa, considering neither one of us is a resident.

Can anyone provide any constructive thoughts or advice?

[06-12-2011,16:46]
[***.162.154.15]
Krystle
(in reply to: Conjugal Partner Visa Advice Requested)
unfortunately, your partner´s status with a work permit does not make her eligible to sponsor you. Until she has permanent status, it is not even an option.

second, you will have a hard time under your current circumstances convincing CIC that your relationship is permanent. No joint tenancy, no joint bank accounts, no life insurance policies, no joint bills like telephone, no marriage certificate and no 1 year of common law habitation. You could not even attempt a Humanitarian application because marriage may not be legal but neither home country will put you in jail for living common law.

So, where does that leave you - waiting until your partner has permanent status and getting married so she can sponsor you, or applying on your own merits. In the mean time, take lots of vacations to Canada.

[06-12-2011,20:58]
[**.180.238.123]
Sharon
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