Family Sponsorship - Conjugal Partner

[Carr-Gobet]

My partner was an international student and part time worker here for 5 years but had to go home after work visa expired. We have been conjugal partners for over a year now. I want to sponsor her and daughter under family sponsorship - conjugal partner. Issue: I am a pensioner with only pension income which doesnt cover the LICO - although I have significant enough investments and cash and she owns two rental properties here. The financial evaluation form IMM 1283 doesnt appear to consider sources of funds other than income. Partner has funds abroad as well. Is there a way (s) to ensure these funds are considered/used to improve the LICO numbers? I dont want to RRIF yet either. We might buy a business here - will that change things? Ideas?

 

[scylla]

My partner was an international student and part time worker here for 5 years but had to go home after work visa expired. We have been conjugal partners for over a year now. I want to sponsor her and daughter under family sponsorship - conjugal partner. Issue: I am a pensioner with only pension income which doesnt cover the LICO - although I have significant enough investments and cash and she owns two rental properties here. The financial evaluation form IMM 1283 doesnt appear to consider sources of funds other than income. Partner has funds abroad as well. Is there a way (s) to ensure these funds are considered/used to improve the LICO numbers? I dont want to RRIF yet either. We might buy a business here - will that change things? Ideas?

What are your reasons for not being able to get married or not being able to live together for a full year to become common law? What qualifies you for conjugal?

There are no LICO requirements for sponsorship in this case.

 

[Carr-Gobet]

The forms used for this ask for LICO data and indicates if not sufficient dont apply.

Conjugal - I have been separated just over a year . She is divorced . Of course, we met here before I separated . I travel there ( in Europe) as much as I can but COVID precludes her from travelling here, as we had planned, not until COVID restrictions end She cant live here for a year since she can only stay for 6 months at a time.. Of course she has to work in her home country ( in Europe) to care for her daughter until she can move here. We have lots of evidence ( photos etc going back two years) and joint bank accounts /credit card and I live in one her homes she owns here etc.

 

[bian07]

you won't be eligible for conjugal.

 

[scylla]

The forms used for this ask for LICO data and indicates if not sufficient dont apply.

Conjugal - I have been separated just over a year . She is divorced . Of course, we met here before I separated . I travel there ( in Europe) as much as I can but COVID precludes her from travelling here, as we had planned, not until COVID restrictions end She cant live here for a year since she can only stay for 6 months at a time.. Of course she has to work in her home country ( in Europe) to care for her daughter until she can move here. We have lots of evidence ( photos etc going back two years) and joint bank accounts /credit card and I live in one her homes she owns here etc.

I'm not sure which forms you are looking at however I can guarantee you there are no minimum income requirements to sponsor a spouse / common law partner / conjugal partner.

Having said that, based on the information you have provided, you don't meet the conjugal definition. She can travel here for six months and then extend her stay easily for another six months to become common law. You could also look to get your divorce finalized as soon as you can so that you can marry. Conjugal requires there be real barriers to becoming common law and getting married. At a minimum, you face no real barriers to becoming common law (real = immigration barriers). That's what you should be concerned about right now. A conjugal application will fail.

 

[Carr-Gobet]

Good reply. Thanks.
So if a European comes here for 6 months she can get an extension of 6 months, then we apply for Family Sponsorship - Common Law? Cant divorce that quickly - told the entire process is at least 5 months. If she/we buy a business here can they come and stay under a different modality?

 

[bian07]

not only europeans, basically anybody can apply to extend their stay, and then you can apply for sponsorship.

she would need a work permit if she wants to do anything work related in Canada, not sure how buying a business would work though

 

[Carr-Gobet]

Thanks. So a visitor here can apply for a work permit? Didnt know that. Think we have have to re-think this. merci.

 

[scylla]

Thanks. So a visitor here can apply for a work permit? Didnt know that. Think we have have to re-think this. merci.

It's not that straight forward in terms of the work permit. Generally speaking she would need a job offer and an approved LMIA from an employer in Canada to qualify for the work permit for the year she is here waiting to qualify for common law.

 

[Carr-Gobet]

Thanks. Thats not easy. Even after being here at school for two years, with two degrees and multiple languages she could nt get FT job and left after 3 year work permit ended. However we are still looking for employment opportunities here...thx