Conjugal or common law

[Snowflakes0528]

Hello ,ive been in common law relationship for 13 years but when my father passed away i needed to go back to attend to my sick father than later his estate .my partner and didnt leave together for 4 years now .we have one 17 year old son born in canada i miss him lots .what do i apply to go back to them .conjugal or common law

 

[armoured]

Hello ,ive been in common law relationship for 13 years but when my father passed away i needed to go back to attend to my sick father than later his estate .my partner and didnt leave together for 4 years now .we have one 17 year old son born in canada i miss him lots .what do i apply to go back to them .conjugal or common law

You need to be more clear for others to help you. Do I understand that you used to be a PR in Canada? If so, how/when did you become a PR? Are you sure you lost your PR status?

Your partner: is a citizen or PR? When did they become a PR or citizen? Where did you live together for 13 years?

Of course, like I said, you provided such partial info I can only guess and may have misunderstood completely.

 

[Snowflakes0528]

You need to be more clear for others to help you. Do I understand that you used to be a PR in Canada? If so, how/when did you become a PR? Are you sure you lost your PR status?

Your partner: is a citizen or PR? When did they become a PR or citizen? Where did you live together for 13 years?

Of course, like I said, you provided such partial info I can only guess and may have misunderstood completely.

No i wasnt sa pr to be frank i oveerstayed .my partner abd child ate both citizens

 

[armoured]

No i wasnt sa pr to be frank i oveerstayed .my partner abd child ate both citizens

You overstayed for 13 years?

At any rate: you should apply under common law, the only task of significance to show that you resided together for minimum of 12 months AND that relationship is ongoing. The first is pretty standard.

The second part of that - some correspondence etc from your spouse (a letter that you are still together) and whatever you can think of, just to demonstrate the relationship is still ongoing. Listing your spouse's visits to you (and child visiting too?) would be good as well.

Keep in mind, the latter is not specifically described in application docs - but since four years not living together, just add a short letter of explanation with some supporting evidence. Not a lot, just a bit. Your partner initiating the sponsorship app will already be a decent sign that the relationship is ongoing.

 

[scylla]

No i wasnt sa pr to be frank i oveerstayed .my partner abd child ate both citizens

Has your partner visited you regularly over the last four years?

 

[Wildbeauty]

Hello everybody, is there a chance IRCC will refuse application after an 14+ months of waiting?

 

[scylla]

Hello everybody, is there a chance IRCC will refuse application after an 14+ months of waiting?

Yes.

 

[Snowflakes0528]

Has your partner visited you regularly over the last four years?

No because life is tough for him financially as he is the only one working

 

[scylla]

No because life is tough for him financially as he is the only one working

How many times has he visited you in the last four years?

 

[Snowflakes0528]

How many times has he visited you in the last four years?

Non

 

[scylla]

Non

I think IRCC will question if you are still in a genuine relationship if you have not seen each other in four years. I would not recommend that you apply now. If you do, I think there's an extremely high chance the application will be refused. You should either get married or live together for a year again before you apply.

Have you tired applying for a TRV to Canada?

Is your partner a PR or citizen of Canada? How did they get PR and when?

 

[Snowflakes0528]

No visitation since we cant afford.thats him and my son traveling.hes the only one working in high cost Vancouver,i applied for trv but got refused

 

[scylla]

No visitation since we cant afford.thats him and my son traveling.hes the only one working in high cost Vancouver,i applied for trv but got refused

I think it will be very challenging to get the application approved if you have not seen each other in four years.

 

[armoured]

I think it will be very challenging to get the application approved if you have not seen each other in four years.

I am not as convinced (eg 'extremely high chance') that it will be refused, but there is a higher risk than I'd originally thought. No visits in four years is a serious gap, agreed, and to rely upon common law after that gap ... not great.

I'd also add: if the contention is the sponsor can't afford to visit spouse, then will they meet test of ability to support spouse/family?

I still wouldn't say 'extremely high chance of refusal' but much higher than I'd be comfortable with (as applicant or sponsor).

 

[scylla]

No visitation since we cant afford.thats him and my son traveling.hes the only one working in high cost Vancouver,i applied for trv but got refused

It looks like you submitted a spousal sponsorship application back in March 2020. Can I ask what happened to that application?