Conjugal partnership?

Old Apr 23rd 2014, 11:36 am
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Default Conjugal partnership?

Hey everyone I'm new to the site and am in need of advice from you amazing people

I am currently on my 2nd IEC holiday visa which expires next April but want to get all the information as soon as possible.

As I mentioned this is my 2nd visa, I am working back at Goodlife fitness as a Fitness Advisor (sales), I have worked there 6 months in my first visa and will be working here again for a full year.

I have a girlfriend which I met the first time I was here and have been together ever since, we have an apartment which we move into on the 1st of June and have a lease for a year. My first visa expired in July 2012, I managed to get a visitor visa for a year, but because I couldn't support myself financially and it was difficult for my girlfriend to pay my way I had to return to England to find a job.

I applied for working visas whilst at home but was turned down due to not having a job that supplied an LMO. I had to wait 6 months to return but by that time the holiday visa supply had run out for 2013. So I saved and waited and now have a holiday visa and am back in Canada.

I've looked online to see our options as myself and the girlfriend have gone through a lot to stay together and I want to settle here with her and raise a family. Because we haven't lived together for a full year we can't apply for common law yet, but are we eligible for the conjugal partnership?

She has visited me 4 times In England and have met my friends and family, I have been to visit a few times here since my visa expired.

If anyone can offer me advice I'd really appreciate it!

Many thanks guys and girls.

Chris
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Old Apr 23rd 2014, 12:05 pm
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Default Re: Conjugal partnership?

Hi, and welcome to BE.

Sorry, but no, you wouldn't be eligible for conjugal. Conjugal is for people that cannot live together at all (i.e. they're in a homosexual relationship and from a country where that's illegal, etc). As you are currently living together, and are presumably free to marry at any time, you wouldn't qualify.

When is your year of living together as common-law partners up? You could apply for PR then.
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Old Apr 23rd 2014, 12:30 pm
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Default Re: Conjugal partnership?

Originally Posted by christmasoompa
Hi, and welcome to BE.

Sorry, but no, you wouldn't be eligible for conjugal. Conjugal is for people that cannot live together at all (i.e. they're in a homosexual relationship and from a country where that's illegal, etc). As you are currently living together, and are presumably free to marry at any time, you wouldn't qualify.

When is your year of living together as common-law partners up? You could apply for PR then.
+1 to this.

Conjugal applies to where living together or getting married isn't possible. Some countries also don't have legal divorce, so if someone was married but split up they can't actually get married again, and in some of those conservative countries they then can't live together either as it's against those laws. Or in the example Oompa gave, where homosexuality is illegal, etc.

There's nothing to stop you and your girlfriend from getting married, or from her coming to the UK, or you staying in Canada as a visitor. Unfortunately CIC doesn't consider "we can't afford it" or "we don't have a visa" as legitimate reasons for not being together.

So your quickest option will be to apply as common-law once you've been living together for a year, or otherwise get married if you want to apply before you've been living together for a year.

Hope that helps!
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Old Apr 23rd 2014, 1:05 pm
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Default Re: Conjugal partnership?

Thank you for your quick reply I have been here since April 2nd of this year and have been living with my girlfriend and her family, we move into our own apartment on June 1st.

I think waiting for the year officially living together then applying for common law probably would be the best.

Due to the waiting time being 5 months+ can I apply for common law status before the year is complete or do we have to wait?

How early can I apply for a visitor visa?

Many thanks

Chris and Kate
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Old Apr 23rd 2014, 1:14 pm
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Default Re: Conjugal partnership?

Originally Posted by Chriscox1986
Due to the waiting time being 5 months+ can I apply for common law status before the year is complete or do we have to wait?
No, you need to wait until the full year has passed. Make sure you start gathering official paperwork asap, i.e. joint bank account statements, bills with both names on, wills naming each other as beneficiaries etc.

You can apply to switch to visitor status just before your IEC expires, and you'll then be on implied status until you get the decision back so can stay in Canada (although can't keep working once your IEC runs out).

Alternatively, if you say you want to stay and have a family together, then you could marry sooner rather than later and apply as her spouse?

HTH, good luck.
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Old Apr 23rd 2014, 1:36 pm
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Default Re: Conjugal partnership?

Definitely start looking at the paperwork now to see what kind of documentation is going to be required to prove common-law - joint bank accounts, joint utility bills, medical coverage, next-of-kin naming at work, that sort of thing. It will then take you 2-3 months to actually complete the application, so maybe towards the end of this year start actually trying to work through the forms (Guaranteed you will have at least a few questions!) and get your medical done in maybe March, and in the new year apply for your police certificates and such. You will definitely do yourself a few favours by doing lots of prep work up front.
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Old Apr 23rd 2014, 2:00 pm
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Default Re: Conjugal partnership?

Awesome, I already have my police certificates from England and Canada which i received in March.

Are the forms/application easy to complete? Or should I arrange an immigration lawyer to help?

Thanks for your help everyone, I really appreciate it.

Chris
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Old Apr 23rd 2014, 2:02 pm
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Default Re: Conjugal partnership?

Originally Posted by Chriscox1986
Awesome, I already have my police certificates from England and Canada which i received in March.

Are the forms/application easy to complete? Or should I arrange an immigration lawyer to help?

Thanks for your help everyone, I really appreciate it.

Chris
You'll need another police cert, it has to be less than 3 months old when submitted. You don't need one for Canada though (CIC do that check themselves).

And no, no need for an immigration lawyer at all. Maybe download the forms so you can have a look and see if you'd be happy completing them on your own?
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Old Apr 23rd 2014, 2:03 pm
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Default Re: Conjugal partnership?

Sorry forgot to also ask, are there any stipulations for the visitor visa? Are there any reasons why it wouldn't be approved?

Thanks again,

Chris
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Old Apr 23rd 2014, 3:56 pm
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Default Re: Conjugal partnership?

Originally Posted by Chriscox1986
Sorry forgot to also ask, are there any stipulations for the visitor visa? Are there any reasons why it wouldn't be approved?

Thanks again,

Chris
I was kind of in the same boat.. I had been in a relationship with my gf for a couple of years, but as we had lived at each others parents places, and had a few times in between where we were away from each other we waited until we had one year living together in our apartment to be safe.

Unfortunately the one year living together to get common law was 3 months after my visa expired! So I had to change over to visitor and then extend my visitor status! Was a long wait (even longer by not being able to work!) But finally got my PR yesterday

There shouldn't be too much trouble getting your visitor status. You can do it online or by mail rather than having to go to the border. You just let them know you are applying for PR, and then you can have your gf sign a letter stating she is supporting you financially to prove you have funds.
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Old Apr 23rd 2014, 6:15 pm
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Default Re: Conjugal partnership?

Burks,

thank you for your knowledge, it's comforting knowing that other people have been in my shoes and have been successful

Many Thanks

Chris
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Old Apr 23rd 2014, 6:33 pm
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No worries! It is surprising how many people have been in the same situation
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