dougall

hmmm i've never heard of the conjugal partner sponsorship route. so the partner must be living in another country? i'm in canada and he's in england, so maybe this is something i too have to look into. thank you to all for the info in this thread!

ngoodlad

I grew up in the Shetland Isles, although I've lived in Aberdeen, Scotland for a while. My family immigrated to Montreal in 1994, and I met my boyfriend when I returned to Aberdeen in 1997. (I went to study witha student visa and got PR while in Canada) We've been together since then and now we've both decided that we want to live in Canada, it seems so long to have to wait another year or so for the papers to be processed, assuming that are application is accepted!

Yes, she is a Canadian citizen born and bred!! It sounds the best option for me by far. I`m going to see what other options I have (if any) before I go full steam ahead.
Wow, that must be tough for you taking turns visiting each other. This immigration process is certainly a tough affair
You say you are a permanent resident? Where are you originally from? [/SIZE][/QUOTE]

ngoodlad

Dougall, you can both be overseas as long as the person sponsoring is a Canadian citizen and can prove that you will be returning to live in Canada.

dougall

Hi ngoodlad
Thank you for your response to my questions by the way...

I'm a Canadian citizen, so I'm staying put. It's my boyfriend who wants to come here and live here and be with me. He will be coming for his second visit in Nov. and really we both want him to stay here and I'm not sure where to start as far as applications go.

BritBob

Yes, Same here. Thankyou for all the replies. I`m going to start looking into this Conjugal Parter route. I`ve never even heard of the word so I better hunt the dictionary down!!!
Best of luck to all the people on here who are waiting or beginning the long road with CIC.

Andrew Miller

Forget the dictionary - what you need is to see if your relationship meets the
criteria of *conjugal relationship* as described in Immigration Manual. See
below:

--------------------------------------------------------------
5.22 Characteristics of conjugal relationships that apply to married,
common-law and conjugal partner relationships

The term "conjugal" was originally used to describe marriage. Over the years,
the term has expanded to describe "marriage-like" relationships, i.e.,
common-law opposite-sex couples. More recently the term was expanded further to
describe common-law same-sex couples in the M. v. H. Supreme Court decision in
1999.

The word "conjugal" does not mean "sexual relations" alone. It signifies that
there is a significant degree of attachment between two partners. The word
"conjugal" comes from two Latin words, one meaning "join" and the other meaning
"yoke", thus, literally, the term means "joined together" or "yoked together".

The following characteristics should be present in all conjugal relationships,
married and unmarried:

- mutual commitment to a shared life;

- exclusive - cannot be in more than one conjugal relationship at a time;

- intimate - commitment to sexual exclusivity;

- interdependent - physically, emotionally, financially, socially;

- permanent - long-term, genuine and continuing relationship;

- present themselves as a couple (.here.s my other half.);

- regarded by others as partners;

- caring for children together (if there are children).


5.23 Assessment of conjugal relationships

The following are key elements that officers may use to establish whether a
couple is in a conjugal relationship:

a) Mutual commitment to a shared life to the exclusion of all other conjugal
relationships:

A conjugal relationship is characterized by mutual commitment, exclusivity, and
interdependence and therefore cannot exist among more than two people
simultaneously. For example, a person cannot have a conjugal relationship with
a legally married spouse and another person at the same time. Nor can a person
have a conjugal relationship with two unmarried partners at the same time.
These would be polygamous-like relationships and cannot be considered conjugal.
Excluded
relationships, including polygamy, are addressed in R117(9). This does not,
however, require that an individual in an unmarried conjugal relationship be
divorced from a legally married spouse. See: What happens if the principal
applicant is married to another person, [section 5.36].


b) Interdependent - physically, emotionally, financially, socially:

The two individuals in a conjugal relationship are interdependent - they have
combined their affairs both economically and socially. The assessment of
whether two individuals are in a conjugal relationship should focus on evidence
of interdependency.

The following list is a set of elements which, when taken together or in
various combinations, may constitute evidence of interdependency. Keep in mind
that these elements may be present in varying degrees and not all are necessary
for a relationship to be bona fide.

** Financial aspects of the relationship:

- Joint loan agreements for real estate, cars, major household appliances;

- Joint ownership of property, other durable goods;

- Operation of joint bank accounts, joint credit cards - evidence that any such
accounts have existed for a reasonable period of time;

- The extent of any pooling of financial resources, especially in relation to
major financial commitments; Whether one party owes any legal obligation in
respect of the other.


** Social aspects of the relationship

- Evidence that the relationship has been declared to government bodies and
commercial or public institutions or
authorities and acceptance of such declarations by any such bodies;

- Joint membership in organisations or groups, joint participation in sporting,
cultural, social or other activities;

- Joint travel;

- Shared values with respect to how a household should be managed;

- Shared responsibility for children; shared values with respect to
child-rearing; willingness to care for the partner's
children;

- Testimonials by parents, family members, relatives or friends and other
interested parties about the nature of the
relationship and whether the couple present themselves to others as partners.
Statements in the form of statutory
declarations are preferred.


** Physical and emotional aspects of the relationship -the degree of commitment
as evidenced by:

- Knowledge of each other's personal circumstances, background and family
situation;

- Shared values and interests;

- Expressed intention that the relationship will be long term;

- The extent to which the parties have combined their affairs, for example, are
they beneficiaries of one another's
insurance plans, pensions, etc.?

- Support for each other when ill and on special occasions - letters, cards,
gifts, time off work to care for other;

- The terms of the parties' wills - wills made out in each other's favour
provide some evidence of an intention that
the relationship is long term and permanent;

- Time spent together;

- Time spent with one another's families.


*** Examples of supporting documents:

- Family memberships, medical plans, documentation from institutions that
provides recognition as a couple;

- Marriage certificate, wedding invitations, commitment ceremony (certificate,
invitations), domestic partnership certificate;

- joint ownership of possessions, joint utility bills, lease/rental agreement,
joint mortgage/loan, property title, joint bank statements;

- documents showing travel together, long distance phone bills;

- insurance policies (documents naming the partner as a beneficiary), wills,
powers of attorney;

- significant photographs;

- statements of support from families, bank manager, employers, financial
professionals, religious leaders, community leaders, professors, teachers or
medical professionals.

The above elements may be present in varying degrees and not all are necessary
for a relationship to be considered conjugal. Whether an element is present may
depend on the culture or preferences of the couple. For example, in some
cultures, women have a limited role in the management of the family finances;
thus there may not be joint ownership of property or joint bank accounts. Some
couples may choose to keep aspects of their financial affairs separate and yet
are
clearly in a conjugal relationship and have merged their affairs in other
respects.

Officers should consider each relationship individually and take into account
any other relevant information provided by the applicant (or information
otherwise available to the officer), in order to assess whether a conjugal
relationship exists.

Officers should also take into account to what extent the laws and/or
traditions of the applicant's home country may discourage the parties from
openly admitting the existence of the relationship.

--------------------------------

5.32 Recognition of a common-law relationship

A common-law relationship is fact-based and exists from the day in which two
individuals demonstrate that the relationship exists on the basis of the facts.
The onus is on the applicants to prove that they are in a conjugal relationship
and that they are cohabiting.

A common-law relationship is legally a de facto relationship, meaning that it
must be established in each individual case, on the facts. This is in contrast
to a marriage, which is legally a de jure relationship, meaning that it has
been established in law.

---------------------------

6.33 What is cohabitation?

Cohabitation means living together in one home. Common-law partners must have
ordinarily cohabited for a period of at least one year. They should have lived
together in one home for most of at least one year, although from time to time,
one or the other may have left the home for work or business travel, family
obligations, and so on.

The following is a list of indicators about the nature of the household which
constitute evidence that a couple in a conjugal relationship is cohabiting:

- Joint bank accounts and/or credit cards;

- Joint ownership of residential property;

- Joint residential leases;

- Joint rental receipts;

- Joint utilities accounts (electricity, gas, telephone);

- Joint management of household expenditures;

- Evidence of joint purchases, especially for household items;

- Correspondence addressed to either or both parties at the same address;

- Important documents of both parties show the same address, e.g.,
identification documents, driver's licenses, insurance polices, etc.;

- Shared responsibility for household management, household chores, etc.;

- Evidence of children of one or both partners residing with the couple;

- Telephone calls.

These elements may be present in varying degrees and not all are necessary to
prove cohabitation. This list is not exhaustive; other evidence may be taken
into consideration.


5.34 How can someone in Canada sponsor a common-law partner from outside Canada
when the definition says "is cohabiting"?

According to case law, the definition of common-law partner should be read as
"an individual who is (ordinarily) cohabiting". After the one year period of
cohabitation has been established, the partners may live apart for periods of
time without legally breaking the cohabitation. For example, a couple may have
been separated due to armed conflict, illness of a family member, or for
employment or education-related reasons, and therefore do not cohabit at
present. Despite the break in cohabitation, a common-law relationship exists if
the couple has cohabited in a conjugal relationship in the past for at least
one year and intend to do so again as soon as possible. There should be
evidence demonstrating that both parties are continuing the relationship, such
as visits, correspondence, and telephone calls.

This situation is similar to a marriage where the parties are temporarily
separated or not cohabiting for a variety of reasons, but still considers
themselves to be married and living in a conjugal relationship with their
spouse with the intention of living together as soon as possible.

For common-law relationships (and marriage), the longer the period of
separation without any cohabitation, the more difficult it is to establish that
the common-law relationship (or marriage) still exists.

-------------------------------

6.42 What is a conjugal partner?

The conjugal partner category applies only to the family class and only to a
foreign national sponsored by a Canadian citizen or permanent resident living
in Canada. This category does not apply to the Spouse and Common-law Partner in
Canada class.

This category allows a Canadian citizen or permanent resident to sponsor a
foreign partner with whom they are in a bona fide conjugal relationship but
with whom they have been unable to cohabit, usually because they were unable to
obtain visas to live together in one another's countries.

Because the partner has not been able to live with the Canadian resident
continuously for at least one year, the partner does not meet the definition of
"common-law partner".

Conjugal partners are exempt from meeting the LICO requirements and the
excessive medical demand criteria. There are no conditions attached to their
permanent resident visas. As members of the family class, they have appeal
rights.

A conjugal partner is not a common-law partner under Canadian law because the
one-year cohabitation requirement has not been met. Applicants should be
counselled that they and their partner will not be considered to be in a
common-law partnership for purposes of other federal benefits and obligations
until they have lived together in Canada for one year. The applicant's
Confirmation of Permanent Residence form will not indicate their marital status
as "conjugal partner"
since this is not a legal status in Canada.

Note: A Canadian citizen residing abroad may sponsor a conjugal partner
provided that the sponsor and applicant will reside together in Canada when the
applicant becomes a permanent resident [R130(2)]


5.43 Assessment of conjugal partner relationships

Officers must determine whether the parties are in a conjugal relationship (see
Assessment of conjugal relationships, [section 5.23]). Conjugal partners are
similar to common-law partners; however, they have not yet merged their
households to the same extent, as they have not been able to cohabit
continuously and permanently. Despite this, they must have established a
long-standing, interdependent attachment and have combined their affairs to the
extent possible.

Without continuous cohabitation and the combining of affairs that takes place
when a couple in a conjugal relationship cohabit, conjugal partner
relationships are more challenging to assess than common-law relationships. The
following list provides some additional elements to consider when assessing
such relationships:

** Length of time relationship has existed

Because a conjugal relationship means interdependency, mutual commitment and
exclusivity, such a relationship is not established when two people meet or
when they start to date or even necessarily when they begin a sexual
relationship. Establishing a conjugal relationship takes a period of time. Visa
officers must assess the facts of each case individually; however, in general
terms, most conjugal partners will likely have known one another for more than
one year.

** Amount of time spent together

The amount of time the partners have spent together. Evidence of time spent
together may take the form of airline tickets, receipts from vacations, visas,
passports, leave forms from work etc.

** Reasons why couple has been unable to cohabit continuously for one year

The applicant should be able to explain why the couple has not been able to
cohabit continuously for one year. For example, there may be legal impediments
to a common country of residence. The partners might not have been able to
obtain long stay visas or immigrant visas for one another's countries. If they
could have lived together, but chose not to, then it is reasonable for the visa
officer to question the nature of the relationship and its bona fides.

** Evidence showing how the long-distance relationship has been maintained

The volume and style of the communication between partners should be
considered, e.g., long distance calls and other communication, letters,
recognition of each other's significant events, etc.

** Evidence of efforts to live in the same country

Airline tickets, visas, visa denials.

--------------------------

6.46 Internet relationships

An Internet relationship alone without other convincing evidence that the
couple has established and maintained a conjugal relationship for at least one
year and spent time together, will raise serious concerns as to whether a
conjugal relationship exists. Conjugality should be assessed based on the
elements of interdependency as set out in [section 5.23].
-------------------------------------------------------------------------------
---

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)

For confidential phone consultation go here:

http://members.yahoo.-
liveadvice.com/andrewmiller_canada
________________________________


"BritBob" wrote in message
news:447437.1034918151@britishexpats-
.com...
    > Originally posted by dougall:
    > > Hi ngoodlad
    > > Thank you for your response to my questions by the way...
    > >
    > Yes, Same here. Thankyou for all the replies. I`m going to start looking
    > into this Conjugal Parter route. I`ve never even heard of the word so I
    > better hunt the dictionary down!!!
    > Best of luck to all the people on here who are waiting or beginning the
    > long road with CIC.
    > --
    > Bob