Common-law or Conjugal?

[sqaure]

Hello,

I am a Canadian currently engaged to a Filipino who is living in Japan.

The situation is a little bit complicated. She is still married but she has been separated for many years and has been unable to get a divorce or an annulment. She also has a son in the Philippines.

I have also recently moved to Canada in September for work. I tried to find a job in Japan but it was quite difficult to find a good engineering job. I moved to Vancouver and have been working as an engineer full-time. In October I flew back to Japan and proposed to my now fiance.

We lived together in Japan for well over a year and have government issued ids that show we shared addresses during this time. I am unsure whether we can apply as common-law or whether we have to apply for conjugal as she is still married?

We have filled out most of the paperwork for the conjugal application but I am also a bit unsure of a few areas such as the letter from the friends - does anyone have any advice of what they are looking for? Also there is a written section to provide any additional information regarding the relationship. The reason I ask this is that we tried to get her a visiting visa in the past and she was denied, then we tried again to get her a visiting visa to Canada with a lawyer and were also denied again. The lawyer stressed that the written portions of the application were quite important. I am a bit hesistant to hire a lawyer again because of the cost and because I feel like it's a bit wasteful.

If anyone has any advice I'd greatly appreciate it.

Thanks!

 

[scylla]

Definitely apply as common law if you have lived together for a full year. Conjugal is much more difficult to prove.

The fact she is still married does not stop you from applying as common law.

 

[sqaure]

Definitely apply as common law if you have lived together for a full year. Conjugal is much more difficult to prove.

The fact she is still married does not stop you from applying as common law.

Please see the image below taken from the common-law checklist.
https://preview.ibb.co/iYhHNA/Capture.png

It does not have a box to select given our situation. We are not living together but are applying under common-law class, not the family class.

 

[canuck_in_uk]

Please see the image below taken from the common-law checklist.
https://preview.ibb.co/iYhHNA/Capture.png

It does not have a box to select given our situation. We are not living together but are applying under common-law class, not the family class.

Family Class is common-law or married.

 

[zardoz]

Definitely apply as common law if you have lived together for a full year. Conjugal is much more difficult to prove.

The fact she is still married does not stop you from applying as common law.

If they were able to live together for a year, that pretty much automatically excludes the possibility of a conjugal partner application.