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oreo28 View Drop Down
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Joined: 26 Jun 2012
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Points: 3 		Post Options Post Options   Thanks (0) Thanks(0)   Quote oreo28 Quote  Post ReplyReply Direct Link To This Post Topic: Sponsorship
    Posted: 26 Jun 2012 at 4:04pm
Please... if anyone knows the answer....

I would like to Sponsor someone to stay in Canada as a Common Law or Conjugal Partner.  They came in 2010 as a visitor (did not require a VISA) and has since then gotten married - not to me.  

My question is;  if they separate from their spouse, can I then sponsor them even though they are legally married, but separated????

I have been trying to call Immigration Canada for 3 weeks now and CANNOT get through to them!!

Please help! 
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computergeek View Drop Down
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Points: 573 		Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2012 at 4:19pm
Yes, you can sponsor someone who is still legally married.  However, in order to qualify for common-law status, you would have to live together for a year.  Conjugal is rather challenging to do, especially for someone from a visa exempt country.

I assume they are out of status but still in Canada?  If so, you really have a complex situation and I'd suggest that what you need is to speak with an experienced immigration attorney, not CIC.
FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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oreo28 View Drop Down
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Points: 3 		Post Options Post Options   Thanks (0) Thanks(0)   Quote oreo28 Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2012 at 4:36pm
thank you for your response - and yes they have no status here right now.  I believe they extended their visit, but were only able to do so a certain number of times.  Why do you say Conjugal is challenging?
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pmm View Drop Down
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Points: 2279 		Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2012 at 6:46pm
Hi

Originally posted by oreo28 oreo28 wrote:

thank you for your response - and yes they have no status here right now.  I believe they extended their visit, but were only able to do so a certain number of times.  Why do you say Conjugal is challenging?



Because there is nothing stopping you from either living together for a year, either in Canada or their country,
PMM
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oreo28 View Drop Down
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Points: 3 		Post Options Post Options   Thanks (0) Thanks(0)   Quote oreo28 Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2012 at 7:36pm
Well technically there is; the person is still living in the same house as their 'spouse' (I use that term lightly) and hasn't actually moved out yet, I don't plan to sponsor in the next upcoming weeks, but definately before a year, if possible. I can't live with them in their country because my whole life and career is here.
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computergeek View Drop Down
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Points: 573 		Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2012 at 8:30pm
CIC generally will not grant conjugal relationship status if there are not legal or cultural impediments to the couple being together.  Issues with respect to inconvenience in your life are not persuasive.  Based upon my readings, couples from visa-exempt countries are not typically successful in establishing a conjugal relationship exists.

I would suggest that you review OP 2 Section 5.25 (http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf) because it describes conjugal relationships.
FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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