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Can we apply as conjugal partners?

Can we apply as conjugal partners?

Old Nov 3rd 2008, 9:12 am
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Default Can we apply as conjugal partners?

Hi,

I was wondering if anyone could help us, we have been trying to get some answers through the CIC helpline, but we never even get through to a person. I currently live in England and my girlfriend, Emily lives in Canada, we would like to apply as conjugal partners, as we have never lived together, but I have been to stay with Emily a number of times and she has come to stay here twice.

Our problem is that to apply as conjugal partners we have to provide proof that there was something stopping us from living together for a year, but the only reason we haven't lived together is because we couldn't afford to, we are both young, I'm 21 and she is 19, and all my funds recently have been spent on flights to see her. I would imagine that this probably wouldn't be an acceptable reason for us not being able to live together on our application, and we are currently saving for me to apply for an extended stay and live there for a year next year so that we can apply as common-law partners. The thing is that we would much rather be able to start applying for me to move there now and not risk me living there for a year then having an application rejected and me being forced to move back to England. Does anyone know if there is still a way that we can apply as conjugal partners or any other way?

One more thing! If I do apply for an extended stay next year, and stay there for a year, will we have to wait until the end of that year together before we apply as common-law partners? If so, would I still be forced to move back to England whilst applying?

Thanks for any help you can give me!

Bert
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Old Nov 3rd 2008, 9:28 am
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Default Re: Can we apply as conjugal partners?

Hi, Bert, and welcome to the BE forum.

CIC will not recognize economic impediments to your living together as a justification for conjugal partner status.

However, because you're not yet 30, you could get a 12-month working holiday visa through BUNAC. It's an open work permit that theoretically allows you to accept any job with any employer in any part of Canada.

I say theoretically because, if you work with vulnerable populations (children, sick people, etc.), you first have to pass a medical exam. Even so, a BUNAC visa gives you a lot of leeway to live and work in Canada.

BUNAC would give you a chance to live with each other for 12 months and then do the spousal / common-law sponsorship thing.

After you had submitted your permanent residence (PR) application via the spousal / common-law sponsorship route, following the completion of your BUNAC year, you woud be able to extent your stay in Canada as a visitor. However, you would not be allowed to work in Canada after your BUNAC visa had expired and you were waiting for your PR to come through.

Once your BUNAC visa had expired you could apply for a temporary work permit (TWP). Unlike the exemption you'd get through BUNAC, the next go round would be complicated. If an employer wanted to hire you at that point, he/she would have to demonstrate that he/she had recruited across Canada and had been unable to find a qualified Canadian for the job. Since the required advertising is three months, it's not very likely that a person of 21 would have enough experience under his/her belt to be irreplacable.

If, at that point, the lack of earnings proved to be a hardship for you, I suppose you'd have to return to the UK. I'm not entirely sure that that would make sense, however. You could stay on in Canada for a few months for the same amount of money that it would cost you to buy a plane ticket (assuming you could stay with your girlfriend and save money that way).

Another workaround is to marry your girlfriend. However, I wouldn't advise that when you're as young as you are and you've spent as little time together as you have.

Anyway, BUNAC would give you the chance to live together for a year, and then you could both see how you feel after that.

Hope this helps.
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Old Nov 3rd 2008, 9:34 am
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Default Re: Can we apply as conjugal partners?

Hi Judy!

Thanks, that is really helpful! I had no idea this existed, and I will definitely look into it, it seems like a great idea, thank you so much.
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Old Nov 3rd 2008, 11:42 am
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Default Re: Can we apply as conjugal partners?

Originally Posted by goingforgloria
Hi Judy!

Thanks, that is really helpful! I had no idea this existed, and I will definitely look into it, it seems like a great idea, thank you so much.
Hi,

you should definately get a working holiday Visa with Bunac, just to get over there. Make sure if you do so, that you both will sign a residential lease and open a joint bank account. Make lots of pictures and keep them all. Keep all the receipts of your former trips to Canada if you have pictures from this time, keep them. If you have proof of trips together, eg you have used your credit card to pay for plane tickets, bus tripps...
If you are still together after that year send of your application for an extension of your work permit + the In Canada Application for Permanent Residency under the Common Law Sponsorship Class together to the Office in Vegreville. Make sure that your application arrives there at least 5 days before your current status as a worker expires.
What happens is that while your applications are in process you stay in your current status which means your worker status that allows you to work in Canada.
So you can live your live normally In Canada but during the time it will be processed you are unable to leave Canada.

Hope this gives you a better Idear of it all! It is a long process but if you do it right you will be successfull and it could be quite hussle free.
Good Luck
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Old Nov 4th 2008, 1:36 am
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Default Re: Can we apply as conjugal partners?

Originally Posted by goingforgloria
Hi,

I was wondering if anyone could help us, we have been trying to get some answers through the CIC helpline, but we never even get through to a person. I currently live in England and my girlfriend, Emily lives in Canada, we would like to apply as conjugal partners, as we have never lived together, but I have been to stay with Emily a number of times and she has come to stay here twice.

Our problem is that to apply as conjugal partners we have to provide proof that there was something stopping us from living together for a year, but the only reason we haven't lived together is because we couldn't afford to, we are both young, I'm 21 and she is 19, and all my funds recently have been spent on flights to see her. I would imagine that this probably wouldn't be an acceptable reason for us not being able to live together on our application, and we are currently saving for me to apply for an extended stay and live there for a year next year so that we can apply as common-law partners. The thing is that we would much rather be able to start applying for me to move there now and not risk me living there for a year then having an application rejected and me being forced to move back to England. Does anyone know if there is still a way that we can apply as conjugal partners or any other way?

One more thing! If I do apply for an extended stay next year, and stay there for a year, will we have to wait until the end of that year together before we apply as common-law partners? If so, would I still be forced to move back to England whilst applying?

Thanks for any help you can give me!

Bert
Your best bet is to try the BUNAC visa route which gives u 12 months working auth and then maybe you can try from there.

Read through what Judy has said and is the best i advice.

good luck
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Old Nov 4th 2008, 6:05 am
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Default Re: Can we apply as conjugal partners?

Thanks everyone! I called BUNAC today to ask them some questions and investigated their website last night, they were really helpful and told me that if I apply when applications for next year open in December, I have a really good chance of getting on the program. If I do, I hope to leave around June next year, when I have some money saved and stay for the year, then take it from there! Thanks everyone for your help, I can't believe I had never found out about this organisation, and I am really thankful that I didn't miss out on this opportunity because they told me that the program for the year usually fills up in a few weeks!

Does anyone have any personal experience of going to Canada through the BUNAC Work Canada program? It would be good to hear anything on how it worked out for you!

Thanks again!

Bert
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Old Nov 4th 2008, 7:06 am
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Default Re: Can we apply as conjugal partners?

Hi Bert

Yes I did BUNAC in 2003-4, and if you search back through my previous posts you will see that I have written various things about it on other threads - have a look at those (and a good read of the BUNAC website) and if you have further questions just give me a shout.

I'd definitely recommend it - it's by far the easiest 'foot in the door'. Just make sure that once you're in you do all the right things to make a solid case for common law sponsorship...and enjoy!

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