Trying to sponsor my fiance, Im in a dilemma

Hello

I am new to this forum, but I would really appreciate any insight into my complicated situation

I am a canadian citizen, and my fiance is a failed asylum seeker in the UK. I have applied for a marriage visa to the UK to be able to get married to him, however the visa was denied because of his status.

I am desperate for him to come to Canada, we have been in a relationship now for three years, and engaged for one year. and im stuck now because I do not have the right to appeal the marriage visa refusal and therefore I cannot sponsor him as my spouse.

If he leaves the United Kingdom, he has to go back to Baghdad. And with the current situation there, I cannot go there to marry him. The only way we would be able to marry is if he secures entry to another country and I really dont know how possible that is.

I was looking at the sponsoring a refugee application, and I was wondering if anyone had any expereince with this?My  worry is that the CIC will refuse it because I am his fiance, and would ask me to sponsor him as my spouse and so im back to Sq 1.

Any Advice on this?

I agree - I think this is a bit complicated for most of us to give you really good advice.  

What about applying under the conjugal class?  That is for people who can't marry or live together due to circumstances beyond their control.

5.45. What is a conjugal partner?

This category was created for exceptional circumstances – for foreign national partners of Canadian or permanent resident sponsors who would ordinarily apply as common-law partners but for the fact that they have not been able to live together continuously for one year, usually because of an immigration impediment. In most cases, the foreign partner is also not able to marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, i.e., they have been in a bona fide conjugal relationship for a period of at least one year

However, you should read 5.47  as there are restrictions and you would need a great deal of proof.

Is it possible for you to go to the UK and live with him for a year (thus qualifiying for common law) ?

 

Alternatively,  you could possibly sponsor him as an overseas refugee.. http://www.cic.gc.ca/english/resources/manuals/op/op05-eng.pdf  (Convention Refugees Abroad Class and Members of the Humanitarian-protected Persons Abroad Classes ) however, you would need to look into it carefully to see if your partner qualifies.

 

I really think you need some good legal advice!

i meeet my bf here phlippines 10 days? he still sending me money help until now when he back in canada we ahve phoncalls, emails, talk every. and picture here phlippines is that consider congugal partener?