CONJUGAL SPONSORSHIP WITH 2 DEPENDENTS

[Lerissa2392]

I am a Filipina, still legally married but separated-in-fact with my legal husband for 5 years. I have a Canadian citizen partner for 2 years. With all other proof and documents we can provide. Including joint affidavit between me and my legal husband that we have separated. Are we required to apply for TRV first or can we file for conjugal right away? We are quite a young couple living from paycheck to paycheck. And both my children depend on me. Are we good to apply for conjugal sponsorship? Or do we have to establish both legal and immigration barriers?

 

[Ponga]

I am a Filipina, still legally married but separated-in-fact with my legal husband for 5 years. I have a Canadian citizen partner for 2 years. With all other proof and documents we can provide. Including joint affidavit between me and my legal husband that we have separated. Are we required to apply for TRV first or can we file for conjugal right away? We are quite a young couple living from paycheck to paycheck. And both my children depend on me. Are we good to apply for conjugal sponsorship?

Do you have a true immigration barrier, preventing you from living together to become a common law couple? If you do, you might be able to successfully apply. If you do NOT, your chances of approval would [at least appear to] be slim, since your Canadian partner `could' travel/visit you and live together to become common law, right? I say `could', even though it would be very difficult to do...but it's not impossible to do.

Stick around for others to offer their opinion.

Good luck!

 

[scylla]

I am a Filipina, still legally married but separated-in-fact with my legal husband for 5 years. I have a Canadian citizen partner for 2 years. With all other proof and documents we can provide. Including joint affidavit between me and my legal husband that we have separated. Are we required to apply for TRV first or can we file for conjugal right away? We are quite a young couple living from paycheck to paycheck. And both my children depend on me. Are we good to apply for conjugal sponsorship? Or do we have to establish both legal and immigration barriers?

Apply for a TRV first.

 

[Lerissa2392]

Do you have a true immigration barrier, preventing you from living together to become a common law couple? If you do, you might be able to successfully apply. If you do NOT, your chances of approval would [at least appear to] be slim, since your Canadian partner `could' travel/visit you and live together to become common law, right? I say `could', even though it would be very difficult to do...but it's not impossible to do.

Stick around for others to offer their opinion.

Good luck!

One thing that prevents my partner from living here is risk of adultery as i am still legally married. And my partner and my legal husband lives in the same neighborhood. One more thing is his job and currently paying his car. Can we defend our case?

 

[scylla]

One thing that prevents my partner from living here is risk of adultery as i am still legally married. And my partner and my legal husband lives in the same neighborhood. One more thing is his job and currently paying his car. Can we defend our case?

Apply for a TRV first. If the TRV is approved, you can travel to Canada and become common law with your new partner.

 

[Lerissa2392]

Apply for a TRV first.

If I apply for TRV? Could we exert the least effort for the sake of refusal? If I apply for TRV, I couldn’t leave my 2 kids behind. And one more problem would be financial incapacity.

 

[Ponga]

If I apply for TRV? Could we exert the least effort for the sake of refusal? If I apply for TRV, I couldn’t leave my 2 kids behind. And one more problem would be financial incapacity.

Looks like it's going to be a very difficult process, unfortunately.

 

[Lerissa2392]

Looks like it's going to be a very difficult process, unfortunately.

If i apply for trv, can i bring my two kids with me?

 

[scylla]

If I apply for TRV? Could we exert the least effort for the sake of refusal? If I apply for TRV, I couldn’t leave my 2 kids behind. And one more problem would be financial incapacity.

Sure, you can do that. However I do think it's important to have the TRV refusal before you submit the conjugal application. Otherwise you haven't fully proved there is an immigration barrier. When you submit the TRV application, include your children in the application.

Separately, I assume you either have sole custody of the children or your ex-husband is willing to provide authorization in writing that the children can move to Canada.

 

[Lerissa2392]

Sure, you can do that. However I do think it's important to have the TRV refusal before you submit the conjugal application. Otherwise you haven't fully proved there is an immigration barrier. When you submit the TRV application, include your children in the application.

Separately, I assume you either have sole custody of the children or your ex-husband is willing to provide authorization in writing that the children can move to Canada.

Then if ever TRV was refused, does it make our conjugal sponsorship probable for approval?

 

[scylla]

Then if ever TRV was refused, does it make our conjugal sponsorship probable for approval?

None of us are going to be able to judge that. It will help to have the TRV refusal since this shows a barrier to getting married / becoming common law. However whether approval is probably will depend on the rest of the evidence you provide in the application to prove you have a "marriage-like" relationship.

 

[Ponga]

Then if ever TRV was refused, does it make our conjugal sponsorship probable for approval?

It would at least seem to make it a bit easier. Remember though, your Canadian partner has no real immigration barrier...although you do have a legal barrier, if adultery is a crime there. Does that fact that you are legally separated from your husband change that at all?
Unfortunately the fact that your Canadian partner has` a job and a car payments' doesn't mean anything to IRCC.

 

[Lerissa2392]

None of us are going to be able to judge that. It will help to have the TRV refusal since this shows a barrier to getting married / becoming common law. However whether approval is probably will depend on the rest of the evidence you provide in the application to prove you have a "marriage-like" relationship.

I am confident enough with our proofs with marriage-like relationship as we have researched thoroughly about them. The only thing that worries my is immigration barrier.

how much do we really need for show money if i bring my 2 kids with me?

 

[Lerissa2392]

It would at least seem to make it a bit easier. Remember though, your Canadian partner has no real immigration barrier...although you do have a legal barrier, if adultery is a crime there. Does that fact that you are legally separated from your husband change that at all?
Unfortunately the fact that your Canadian partner has` a job and a car payments' doesn't mean anything to IRCC.

What could be possible immigration barriers for my partner?

 

[Ponga]

What could be possible immigration barriers for my partner?

Perhaps none.