conjugual partnership

Timelines are very visa office specific and vary by quite a lot, and unfortunately the timelines now being reported by CIC are based on when 80 percent of cases have been decided, which is less than informative, offering little insight into how long it takes them to open the file and begin actual processing (as opposed to the file being in a queue and formally designated as "in process").

Timelines also depend in part on the nationality of the Foreign National applicant for sponsored PR.

Bottomline: some visa offices take a lot longer, some not long at all; applicants from certain countries are subjected to more scrutiny than those from other countries, including the greater likelihood of an interview.

Conjugal partner class is the most scrutinized class of sponsored partner applications. It is explicitly an extra-ordinary class available to few. There are few personal experience reports in this forum for this class, and frankly many if not most of those are from applications which have been rejected as not qualified for the conjugal partner class since the requirements for this class tend to be very strictly applied.

It appears that you have been approved as sponsor, so that is a good sign -- at least at that stage they accepted the relationship as one constituting a qualified relationship.

However, I feel compelled to acknowledge the odds in this situation: I am not at all sure, but I suspect this will not meet the requirements for the conjugal partner class. It might. Probably worth the try given the circumstances, but I suspect (which is more than a guess, somewhat short of believing) the odds are against you in this. Sorry. But most of what has been seen of how this class is applied, a legal impediment to cohabitation is required to qualify, something other than a choice, even if the choice is due to compelling circumstances. How this works relative to your particular facts is not at all apparent, and as I said, your circumstances make this application worth taking the chance, but be prepared to be denied.

Unfortunately, if the application is denied because they determine the relationship does not qualify for this class, that is a legal question which I am pretty sure cannot be overcome through H & C grounds . . . for H & C grounds to come into play on appeal, I am quite sure the relationship has to legally qualify.

It may be worth seeing a lawyer sooner rather than later. Expensive, yes, but a lawyer can better guide you through the process, better inform you of the prospects, better prepare you for an appeal if there is a basis to appeal, and so on. Perhaps you do not need a lawyer and perhaps this will go through, again I do not really know, but there is enough of a risk of it being denied, if you want to maximize your odds consulting with a qualified, reputable, experienced immigration lawyer (not a consultant) might be a good idea.

Please let the forum know how this goes. As I indicated, there have been few reports of cases like this so that sort of information will be of value for other prospective sponsors and applicants.