Sponsor partner ( divorcee case pending)

[katla]

Can a Person with PR status sponsor a partner ( under conjugal or common - law) if he/she is legally "separated" but not divorced (case still pending in a non Canadian country) ?

 

[scylla]

Yes.

 

[katla]

Ohhh Could you please guide me under which program should i sponsor my partner ? ( conjugal or common - law).
What are the documents that are required for cic ?

We have been waiting for 5 years for the case to be settled :'( ... it seems the divorcee case is a lengthy process in other countries ... so we are stuck ... Please share your experience if you hv come across similar situation ?

thanks

 

[PMM]

Hi

Ohhh Could you please guide me under which program should i sponsor my partner ? ( conjugal or common - law).
What are the documents that are required for cic ?

We have been waiting for 5 years for the case to be settled :'( ... it seems the divorcee case is a lengthy process in other countries ... so we are stuck ... Please share your experience if you hv come across similar situation ?

thanks

Common/law if you have been living together for a year.

 

[katla]

Since both of us are working, we been meeting each other at our respective countries once in 4 months for duration of 2 weeks ! Would a phone records and frequent visits ( over 5 - 6 years) form supporting documents ?

 

[zardoz]

Since both of us are working, we been meeting each other at our respective countries once in 4 months for duration of 2 weeks ! Would a phone records and frequent visits ( over 5 - 6 years) form supporting documents ?

"Common-law" is a legal definition of cohabitation in a conjugal relationship for a minimum of 12 consecutive months. Unless this is true, you can't apply as Common-law yet. You can attempt to apply as "conjugal", only if there is a real legal / immigration reason why you can't establish a common-law relationship.

 

[katla]

Thanks for your reply Zardoz.
One of the criteria for sponsorship was " do not have any children in common", could you please provide few options if the one of the partner is pregnant ? what are the options we have ?

Your response would be greatly appreciated.

 

[truesmile]

Is your partner from a visa exempt or non-visa exempt country? Or which one if you don't mind to specify? And, would you happen to be a 'same-sex' couple? I ask only since same-sex marriages are not legal in some countries, which COULD contribute to the feasibility of a 'conjugal' application.

 

[zardoz]

Thanks for your reply Zardoz.
One of the criteria for sponsorship was " do not have any children in common", could you please provide few options if the one of the partner is pregnant ? what are the options we have ?

Your response would be greatly appreciated.

You have misunderstood the wording. That's not a criteria for sponsorship. It's one of the factors in determining if the "live together" condition is applied to your PR, once it is granted.

 

[katla]

Zardoz,
So does that mean the couple are not allowed to have children, while the application is "in process" or "completion /PR granted" ? .
With regards to a conjugal partner eligibility, below is the criteria extracted from cic.gc.ca/english/immigrate/sponsor/spouse.asp

"If you are a spouse or partner being sponsored to come to Canada, this applies to you if:
You are being sponsored by a permanent resident or Canadian citizen
You have been in a relationship for two years or less with your sponsor
You have no children in common
Your application was received on or after October 25, 2012 " Please Helpppp :'(

Can you also give your opinion on evidence/proof to provide for conjugal sponsorship ?
the case is not a "same-sex" couple. Partner is not from visa exempt country.

 

[rhcohen2014]

Zardoz,
So does that mean the couple are not allowed to have children, while the application is "in process" or "completion /PR granted" ? .
With regards to a conjugal partner eligibility, below is the criteria extracted from cic.gc.ca/english/immigrate/sponsor/spouse.asp

"If you are a spouse or partner being sponsored to come to Canada, this applies to you if:
You are being sponsored by a permanent resident or Canadian citizen
You have been in a relationship for two years or less with your sponsor
You have no children in common
Your application was received on or after October 25, 2012 " Please Helpppp :'(

Can you also give your opinion on evidence/proof to provide for conjugal sponsorship ?
the case is not a "same-sex" couple. Partner is not from visa exempt country.

i think you are getting confused. what you quoted (per the link provided) is regarding the new condition 51 applied to all sponsored permanent residents. It basically is giving every type of reason everyone would be affected by this rule effective October 25, 2012. This really doesn't concern the application process. it concerns rules once PR status is approved. it is also not suggesting couples can never have children, it's just using it as an example of who the rule applies to...basically saying, even if you don't have children, this applies to you too. if you are pregnant now, you can add that information to your application, or wait until the baby is born to notify CIC. It's important they are notified about the baby so they don't suspect you of misrepresentation.

from what's been explained on these threads, conjungal partnership is one of the hardest to prove. generally, there needs to be a significant barrier to a couple being apart and not being able to get married, usually pertaining to cultural or legal reasons. the only example i know of is with same sex couples - conjugal may apply when someone lives in a country that doesn't legally allow same-sex marriages.

 

[zardoz]

That section means that "Condition 51" ( conditional PR) will be applied to you if

1) you are applying for sponsorship AND
2) you have been in the legally-recognized relationship for less than 2 years AND
3) you have no children together on the day that you apply.

If ANY one of those tests is not true, conditional PR will not be applied.

Conjugal doesn't apply if there is not a BARRIER to getting married OR living together for a year. This means anywhere in the world.
So, if for example, you could both go to a third country to marry, you should.