Sunday, September 09, 2007

Conjugal Partners

I get a lot of enquiries from Canadians who wish to sponsor their significant other when they are not married or living together. The only option in these cases is the conjugal partner category.

This can be a tough category of immigration in which to succeed however. Unlike the common law or marriage category, the significant other in the conjugal partner category must reside outside of Canada.

In addition, there must be considerable evidence of physical, social and emotional interdependence -- evidence that the relationship involves a long term commitment on behalf of the couple.

Successful conjugal applications always include most or all of the following:

  • Mutual commitment to a shared life;
  • Exclusive – cannot be in more than one conjugal relationship at a time;
  • Intimate – commitment to sexual exclusivity;
  • Interdependent – physically, emotionally, financially, socially;
  • Permanent – long-term, genuine and continuing relationship;
  • Present themselves as a couple;
  • Regarded by others as a couple;
  • Caring for children (if there are children);
  • Naming one another as beneficiaries of insurance policies or estates;
  • Joint ownership of possessions;
  • Joint decision-making with consequences for one partner affecting the other;
  • Financial support of one another (joint expenses or sharing of income, etc.);
  • Passage of time (that 1 month relationship won't do!)
As a couple, you must ask yourselves if you are truly committed for a lifetime, and if you don't have some or all the evidence above, you must seriously question if you are in a conjugal relationship or if you are simply dating as a pre-cursor to a more committed relationship from a Canada immigration point of view.

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18 Comments:

At 8:50 PM , Anonymous Anonymous said...

Very helpful, thank you.

 
At 8:51 PM , Anonymous Anonymous said...

What about a fiance, can I sponsor a fiance?

 
At 5:56 PM , Anonymous brityn said...

Hi, wow I'm so glad I found this blog, it seems almost impossible to find information on what I'm looking for. My question basically is this: I'm American. I live here and work here but my boyfriend is Canadian, he lives and works there. I am in a situation where I need somewhere to live asap and we're having difficulties finding out if I can stay with him. It seems to me on the Canadian immigration web site that American's don't need temp. visas for a period of up to 6 mos. I'm confused about this. Does this mean I can stay in the country continuously for 6 mos? Can I go back and forth? (I work in America still) And how can I get a visa after the 6 mos if necessary? Thank you so much for your help!

 
At 8:52 PM , Blogger <a href="mailto:info@entercanada.ca">Gianpaolo Panusa (Click to Email)</a> said...

Generally speaking, Americans can live in Canada for 6 months of every 12 without a visa (depending on the facts of course) without being able to work or study here. You'll need a visitor visa to stay longer, and if you're employed in the US, you should be able to get one. You are free to go back and forth so long as there are no other issues with regard to your entry to Canada.

 
At 5:33 PM , Anonymous Dave said...

Finally, a site with some real answers to people's questions. Thank you very much for that outline. If you have a minute, I have a quick question. My girlfriend and I lived together in Canada for 1 year ending September 24, 2007 when she went back to Japan. I saw her again when I went to Japan for two weeks in October. We are attempting to apply outside canada using the common law/conjugal application. We have joint bank stmt, joint tenancy agreement, I'm making $40k, we've been on short trips together, have love notes, pictures, cards and emails to eachother and she has met my friends, parents etc. What would say our chances are of being accepted under this spousal/conjugal class ? (as some people have said as we are not living together currently, we would likely be refused on this basis alone) I just wanted to know before we pay someone 3-4k to help us with the forms. Thank you for any advice you can give...

 
At 2:24 PM , Blogger <a href="mailto:info@entercanada.ca">Gianpaolo Panusa (Click to Email)</a> said...

Sounds like you've got a good chance of success. I've been successful with couples who lived together but no longer do. $3k to $4k is way too much for a conjugal application, I could represent you for much less than that.

 
At 6:23 AM , Blogger hanako83 said...

Hello. I am a US citizen (unfortunately) and my soul mate is a PR of Canada (soon applying for Citizenship). He lives in Vancouver, I live in Seattle. I know that we have to wait 1 year before he can sponsor me as a conjugal partner. Now, I was told that he could sponsor me for permanent residence and submit an application for an open work permit at the same time. What does this mean? I don't really know how we can prove we have been committed for at least 1 year. What documents do they look for? We both have travel stubs, telephone, chat logs, etc..is that good enough? You mentioned having joint-accounts and whatnot; how do we go about info on those? I didn't think I could get accounts in Canada being from the US. Any insight is appreciated. I just want to move up to Vancouver for numerous reasons, and I hate seeing him once a month. It's hard with both of us working full time.

"Generally speaking, Americans can live in Canada for 6 months of every 12 without a visa (depending on the facts of course) without being able to work or study here" << What facts..what program is this called?

Thanks for your help.

Chase

 
At 5:23 PM , Blogger Andrew said...

Hello, I am a Canadian Citizen who has been in a relationship with a women who resides in the UK. Problem is she lost her passport and was not able to renew her Visa in the UK in time and is now there illegally.The problem is UK doesn't allow someone to marry without proper documentation now. Since she has been there 13 years and has no where else to go, there is a barrier for us to be together. I have spent 5 months out of a year with her in the UK. We have evidence of money being shared through western union etc. Would this circumstance allow us to apply under the conjugal partner visa?

 
At 3:23 PM , Anonymous Emily said...

Hi! I am in desperate need of advice from you! I am a Canadian Citizen (I work for the federal government), and my boyfriend is Mexican. We have been together for 4.5 years, since we met in Vancouver in 2003. He lived here with a student visa for one year, and upon his return to Mexico I decided to take a semester away from University and live there with him. We rented a house, but everything was under my name. After 4 months there I had to return to University here, and we've been passing time visiting ever since. We couldn't move to be with eachother because we were both finishing our degrees in our respected countries. We have each visited eachother many times, know eachothers parents, have mountains of correspondence, and we are both signed witnesses of his sisters wedding last year. We are both now finished school, and can't wait to be together. My questions are: Would we qualify as 'conjugal' partners? How long does it take to get these kind of papers? How much does legal representation typically cost? We're very eager to be together, and want to do everything right.

 
At 9:27 PM , Blogger <a href="mailto:info@entercanada.ca">Gianpaolo Panusa (Click to Email)</a> said...

Hi -- Send me an email directly at info@entercanada.ca

Thanks!

 
At 9:09 AM , Anonymous Anonymous said...

thank you or having this site.i am tring to get with my boyfreind in canada.we are applying or conjugal or common law.we have banks accounts and after 6 months ill be put on the lease.will this work.
thanks
peggy

 
At 1:48 PM , Anonymous Anonymous said...

I am an international student living with my bf when im not in other cities on a work term.We have been togethr two years but a few months out of every year ive been away living and working somewhere else on work term. Am i still eligible for common law class?

 
At 7:44 AM , Anonymous Anonymous said...

hi great info thanks but i just have a couple of other questions. to qualify as conjugal partners i saw that you advised others to save phone bills, plane tickets ect but you said other things like joint bank account and property would also help the case. To make this as short as possible dont want to go on and on but is there any other things that you could do to imporve you case when applying for conjugal partners. i'm english living in ireland and my boyfriend is canadian but we cant have a joint account, in ireland you need to be living here to have a bank account, i could easily add his name on a gas or phone bill but wouldn't that be classed as false since we dont actually live together. we take it in turns to visit each other every month and the visits last about 3-5 days at a time, we would visit longer but because of his job ( he's a pilot) alot of the time he's not actually at his home address he's in hotels all around canada and his scheduel changes every month. we have talked about me moving over there and as an english citenzen i can stay for 90 days without an visa and he said he would support me but i dont want to have to leave the country every 90 days and then return and with his job he's away so much i'd bascially be bored if i couldn't work. We have been together for nearly 10 months, i know we cant apply for conjugal partners untill we have been together for a year, but just wanted to find out what our chances were with the way our relationship is at the moment if we had even a slim chance of my application be approved. One more quick question ( sorry this is so long) roughly how much would it cost to apply for the conjugal partners visa and how long does the process take? is it possible to actually start the application now or do we have to wait untill were together a year before we can apply?

thanks very much for taking time to read this.

samantha

 
At 11:12 PM , Anonymous Anonymous said...

hi i am an international student here n its been a year since i am here in canada n here i met this guy who is acanadian n we,ve been dating each othr for past one yr .. n now now finally decided to move in together ....ma visa is expiring on 2009 n i want to appply for common law .? so my question is can i apply for common law after 6 months of our movin in together officially.....................?

 
At 2:05 PM , Anonymous Anonymous said...

Hy! I am italian, living in uk for 13 years.My boyfriend is canadian and i was wondering about the chances i have got to move there.
He would sponsor me if needed and i would live at his house.

 
At 12:25 PM , Anonymous Anonymous said...

Dear Gianpaolo,

Thanks for having a blog that helps to clear so much up. My girlfriend is Canadian and lives in Canada. I'm from the UK and I've been living with her in Canada for four months as a tourist, but the six month tourist visa is due to run out soon and I wondered if there was a set period of time I had to remain out of the country before I could return for another six months worth of visa? I plan to return to the UK for a week soon but is there anything that would prevent me from visiting Canada again for another six months?

 
At 8:49 PM , Anonymous Anonymous said...

Thank you so much.

Right now, I'm still waiting for my visa to be approved here in the Philippines. My partner got approved last January to sponsor me in going to Canada. We are more than 4 years already. Every year he visits me here and spend 2 -3 months just to be together.

We do love each other and we do keep on continiung our relationship. We plan to get married in Canada since Gay Marriage is not applicable here in the phils.

In your point of views, will my application being approved?

Your reply will be highly appreciated.

 
At 11:42 AM , Anonymous Anonymous said...

hello i'm a canadian citizen who has live in the us for over 4 years is there chance to get a legal status in the us?

 

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