Want to Sponsor my Partner

[bonito]

Hi to all,

I just want to give a short background regarding our situation; hopefully somebody can shed light to our dilemma.

I submitted my application for immigrant visa 2010 and the visa was granted 2012. I completed the immigration process in Toronto on October of 2012, stayed for 9 days and went back to my boyfriend/ life partner in Dubai.
We’ve been in a relationship for 4 years now (2011-2015), we lived together in an apartment (the lease contract is only under my name) since March 2012 ‘til February 2015. I decided to leave Dubai and keep my Permanent Resident Status here in Canada hoping that my partner would be able to join me here the soonest.
Below are my questions.

• under what type of sponsorship (common-law or conjugal) does our relationship fall into? We’ve been away from each other since February and he came to visit me for a week last July… I just want to make sure that I am filling the right forms to avoid delay in the processing

• What evidences could we attach in our application to prove that our relationship is real? We don’t have any documents showing both our names (lease contract, insurances, bank accounts, etc.), we only have pictures from our travels and letters. Would this be enough evidence?

• would he be able to live here using a visitor visa while waiting for the result of the application (conjugal / common-law)? How long is he allowed to stay in Canada using this visa? Is there any chance he’d be able to acquire a working permit?

• we are also considering Student Visa as an option (just for the reason that student visa processing is shorter and he can look for part time jobs with this) so he can come here sooner. Would this affect our application (conjugal / common-law)?

Life apart is just so difficult, and this year must be the most trying for both of us and for our relationship. I would greatly appreciate any input and suggestions. Thank you in advance for your help.

Sincerely,

bonito

[SettlementOrgMod]

Hello Bonito,

Thank you for sharing your situation and questions with us.

Regarding your questions,

• under what type of sponsorship (common-law or conjugal) does our relationship fall into? We’ve been away from each other since February and he came to visit me for a week last July… I just want to make sure that I am filling the right forms to avoid delay in the processing

• What evidences could we attach in our application to prove that our relationship is real? We don’t have any documents showing both our names (lease contract, insurances, bank accounts, etc.), we only have pictures from our travels and letters. Would this be enough evidence?

You can find some very detailed information regarding what is considered in a conjugal sponsorship in this CIC OP 2 Processing Members of the Family Class Operations Manual.

You can find specific information in the following sections:

5.25. Characteristics of conjugal relationships
5.26. Assessment of conjugal relationships

It is quite a bit of information for us to copy to this thread so we suggest that you go to the manual itself and read those sections.

Regarding your other question,

• would he be able to live here using a visitor visa while waiting for the result of the application (conjugal / common-law)? How long is he allowed to stay in Canada using this visa? Is there any chance he’d be able to acquire a working permit?

It is difficult to provide a definitive response regarding whether or not he will be able to get a visitor visa. Unfortunately, there are no guarantees.

If he does successfully get a visa that allows him to stay in Canada and you decide to do an In-Canada sponsorship application, CIC started a one-year pilot project in December 2014. It has currently been extended until December 22, 2016. You can find some information the Citizenship and Immigration Canada (CIC) website.

Here is an excerpt,

Foreign nationals in Canada applying to immigrate as a spouse or common-law partner will continue to have the opportunity to work while waiting for their application to be finalized. A pilot program giving them open work permits is being extended for one year, until December 22, 2016.

To be eligible for an open work permit, you must be a spouse or common-law partner living in Canada who is being sponsored under the Spouse or common-law partner in Canada (SCLPC) class. You must have valid temporary resident status (as a visitor, student or worker) and live at the same address as your sponsor.

The previous announcement stated that they will have their application for an open work permit processed within four months of receipt of their work permit application.

You mentioned that you have been in your relationship from 2011-2015, and your visa was granted in 2012.

In this case, we suggest that it may be best if you may want to contact a lawyer who is familiar with these type of Canadian sponsorship applications.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org