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Common Law Partner or Conjugal Partner - Confused that me

Common Law Partner or Conjugal Partner - Confused that me

Old Aug 22nd 2007, 11:27 am
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Default Common Law Partner or Conjugal Partner - Confused that me

Really confused. Thought I understood, but now after reading the excellent thread by Andrew Miller - I am not sure which way I should apply.

We are a gay couple who are registered under the Civil Partner act here in the UK. We have lived together for over 12 years and have joint Bank Accounts/ Mortgages/ utility bills.

Apparently Common Law and Conjugal Partners fall under different classes and both have different requirements and implications. How do I know which one to apply via and also is one quicker than the other?

Any advice would be appreciated.
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Old Aug 22nd 2007, 12:32 pm
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Default Re: Common Law Partner or Conjugal Partner - Confused that me

Married (opposite sex) couples, common-law and conjugal partners are in the same class. All 3 must prove beyond doubt that their conjugal relationship is a bona fide one, not a relationship of convenience for the immigration purposes. Marriage certificate alone proves nothing more than the fact that wedding took place.

So, the approach to building the case in all 3 cases should be the same, evidence presented similar, etc..

There is an additional requirement for conjugal partners though. They must prove that for valid (mainly legal), other than inconvenience reasons they cannot get married or meet the definition of common-law partners. Otherwise evidence for all 3 groups to be presented is the same - it must prove that it is a bona-fide, conjugal relationship, developed and cherished over time, with all elements of such relationship present and well documented.

If, as you claim you are living together in conjugal relationship for several years, then you are applying as common-law partners.
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Old Aug 22nd 2007, 12:41 pm
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Default Re: Common Law Partner or Conjugal Partner - Confused that me

Thanks Andrew - A great help as you seem to be often !

Rob
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Old Aug 22nd 2007, 1:50 pm
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Default Re: Common Law Partner or Conjugal Partner - Confused that me

isn't civil partnerships in the uK equal to Canadian marriage?
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Old Aug 22nd 2007, 1:58 pm
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Default Re: Common Law Partner or Conjugal Partner - Confused that me

Same sex marriage is not recognized by Canadian immigration law. Thus same sex couples, even if legally married in jurisdiction that allows same sex real marriage (not civil union or partnership) need to apply as common-law partners and it includes same sex couples married in Canada. Under Canadian immigration law same sex couples must meet the definition of common-law partners when applying to immigrate together, or meet definition of common-law or conjugal partners in sponsorship cases.
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Old Aug 22nd 2007, 2:03 pm
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Default Re: Common Law Partner or Conjugal Partner - Confused that me

Originally Posted by Andrew Miller
Same sex marriage is not recognized by Canadian immigration law. Thus same sex couples, even if legally married in jurisdiction that allows same sex real marriage (not civil union or partnership) need to apply as common-law partners and it includes same sex couples married in Canada. Under Canadian immigration law same sex couples must meet the definition of common-law partners when applying to immigrate together, or meet definition of common-law or conjugal partners in sponsorship cases.

im sure the CIC website states are temporarily treating same sex marriage for immigrations purposes the same as 'marriage'
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Old Aug 22nd 2007, 2:06 pm
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Default Re: Common Law Partner or Conjugal Partner - Confused that me

Originally Posted by Andrew Miller
Same sex marriage is not recognized by Canadian immigration law. Thus same sex couples, even if legally married in jurisdiction that allows same sex real marriage (not civil union or partnership) need to apply as common-law partners and it includes same sex couples married in Canada. Under Canadian immigration law same sex couples must meet the definition of common-law partners when applying to immigrate together, or meet definition of common-law or conjugal partners in sponsorship cases.
Whom can you sponsor using this application package?

You can use this application package to sponsor your spouse, common-law partner or conjugal partner, and your dependent children, who live outside Canada and meet the requirements defined for members of the family class.
i found this link and it says you can

http://www.cic.gc.ca/english/informa...des/3900E2.asp

look for the below info.


Spouses, common-law partners and conjugal partners

You can sponsor a person as your spouse if that person is married to you and the marriage is a legally valid civil marriage. If your spouse is of the

* opposite sex and your marriage took place outside Canada, the marriage must be valid both under the laws of the jurisdiction where it took place and under Canadian law;
* same sex, your marriage must have taken place in Canada and be recognized by the authorities of the province where it took place. Note: A marriage between two persons of the same sex will be recognized for immigration purposes only if one of these persons is a citizen or a permanent resident of Canada and the marriage was performed in a Canadian province in which marriages between same-sex persons are legally recognized. For additional information on same-sex marriages, consult our Web site.
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Old Aug 22nd 2007, 2:29 pm
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Default Re: Common Law Partner or Conjugal Partner - Confused that me

As I have clearly stated Canadian immigration law doesn't recognize same sex marriages (yet) - what you refer to is not the law. It may be a current CIC's policy, but it is not the law. And this policy applies only to sponsorship cases. OP is not sponsoring nor is being sponsored by anyone - they are same sex partners who want to immigrate to Canada together. Thus they must apply as common-law partners, period.

You must always take anything you read on CIC website and in the application guides with a lot of caution - in both instances CIC clearly states the following:

--------------------------------------------------------------------
This is not a legal document. For legal information, refer to the Immigration and Refugee Protection Act and Regulations or the Citizenship Act and Regulations, as applicable.
--------------------------------------------------------------------
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Old Aug 22nd 2007, 4:01 pm
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Default Re: Common Law Partner or Conjugal Partner - Confused that me

Originally Posted by Andrew Miller
OP is not sponsoring nor is being sponsored by anyone - they are same sex partners who want to immigrate to Canada together. Thus they must apply as common-law partners, period.
Andrew, although I don't think this changes the advice you've provided in this thread, I just want to clarify that the OP's partner is a Canadian citizen who is sponsoring the OP's PR application. I don't blame you for not knowing that, because the OP has not stated it in this thread. But, just for clarification, he did mention it in his introductory post when he started participating in the forum.
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Old Aug 22nd 2007, 4:10 pm
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Default Re: Common Law Partner or Conjugal Partner - Confused that me

Originally Posted by celine_uk
Whom can you sponsor using this application package?

You can use this application package to sponsor your spouse, common-law partner or conjugal partner, and your dependent children, who live outside Canada and meet the requirements defined for members of the family class.
i found this link and it says you can

http://www.cic.gc.ca/english/informa...des/3900E2.asp

look for the below info.


Spouses, common-law partners and conjugal partners

You can sponsor a person as your spouse if that person is married to you and the marriage is a legally valid civil marriage. If your spouse is of the

* opposite sex and your marriage took place outside Canada, the marriage must be valid both under the laws of the jurisdiction where it took place and under Canadian law;
* same sex, your marriage must have taken place in Canada and be recognized by the authorities of the province where it took place. Note: A marriage between two persons of the same sex will be recognized for immigration purposes only if one of these persons is a citizen or a permanent resident of Canada and the marriage was performed in a Canadian province in which marriages between same-sex persons are legally recognized. For additional information on same-sex marriages, consult our Web site.
Celine_UK, on this page of its website, CIC states that it recognises same-sex marriages that took place in Belgium, The Netherlands, South Africa, Spain, and the State of Massachusetts. The UK is not included in the list.

I take Andrew's point that what is published on CIC's website is not the law. But still, even CIC's guidelines (on the page to which I provided a link) apparently do not recognise same-sex partnerships in the UK as legal marriages.
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Old Aug 22nd 2007, 10:06 pm
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Default Re: Common Law Partner or Conjugal Partner - Confused that me

So as Simon, my worse half !!! is a Canadian Citizen do we still apply as common law or as he will be sponsoring me me is as Conjugal Partner?

Really sorry to cause all this confusion. Try to call Canada House for advice but you cant speak to anyone and I really wannt to get this right.

Cheers

Rob
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Old Aug 23rd 2007, 12:19 am
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Default Re: Common Law Partner or Conjugal Partner - Confused that me

You are living together for several years, thus as common-law partner.
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Old Aug 23rd 2007, 12:26 am
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Default Re: Common Law Partner or Conjugal Partner - Confused that me

Originally Posted by Andrew Miller
As I have clearly stated Canadian immigration law doesn't recognize same sex marriages (yet) - what you refer to is not the law. It may be a current CIC's policy, but it is not the law. And this policy applies only to sponsorship cases. OP is not sponsoring nor is being sponsored by anyone - they are same sex partners who want to immigrate to Canada together. Thus they must apply as common-law partners, period.

You must always take anything you read on CIC website and in the application guides with a lot of caution - in both instances CIC clearly states the following:

--------------------------------------------------------------------
This is not a legal document. For legal information, refer to the Immigration and Refugee Protection Act and Regulations or the Citizenship Act and Regulations, as applicable.
--------------------------------------------------------------------

good point andrew, i know we appiled as a married couple but we had lived together for almost 2 years before that so maybe that processed it as common law thats why...
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