how can I bring my same sex partner to canada? |
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toby
New Member Joined: 04 Dec 2009 Location: x Status: Offline Points: 1 |
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Posted: 04 Dec 2009 at 8:24pm |
hi , I am a canadian citizen , I was born in Colombia and I want to sponsor my same sex- partner who lives in Colombia , I am not able to live with him because it would be very difficult for me to support myself or my boyfriend, I went to Colombia last year and we spent 2 weeks together , we are very much in love.
since we are not able to live together , how can i prove this is a legitimate relationship , I understad that we are supposed to live together for at least 12 months .
I dont think that there is an immigration barrier if the 2 of us are colombian citizens and I can live there if I wanted to.
well , I came to canada 11 years ago as a refugee , escaping from the violence in my country .and I sure do not want to live there.
I support my boyfriend finantially , i have an insurance plan on his name , we have photographs together , lots of e-mails and cards , we talk on the phone everyday at least 2 times a day.
I wanna thank anyone who could give me an advise.
toby,
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toby
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IslandGirl
Average Member Joined: 29 Nov 2009 Location: On an island Status: Offline Points: 228 |
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Hi, have you attempted a visitor's visa for him?
I'm asking because, if it was granted - you could get married in Canada, if it was denied - it strengthens the case for conjugal. How long have you two been in a committed, exclusive relationship?
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Used to be known here as "feb7" - there's no doubt to my gender this way
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ralph dzegniuk
New Member Joined: 05 Dec 2009 Location: Toronto Status: Offline Points: 60 |
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Toby,
I agree with the above reply.
Your partner should definitely attempt to obtain a TRV.
If granted, the 2 of you marry in Canada and you subsequently file In-Canada Spousal Sponsorship.
If refused, you then file overseas conjugal partner sponsorship.
Now, i must warn you, i have seen quite a few same sex conjugal partner sponsorship refusals lately (especially out of certain visa posts) because, in the view of the IO, the 2 partners were "merely dating" and were not in a "committed and exclusive conjugal relationship." To me such conclusions really demonstrate a complete lack of cultural understanding on the part of the IO, but, nevertheless, this is the reality. SO, if you do file a conjugal partner sponsorship make sure that you make explicit reference to section 5.44 of OP-2 as it was created specifically to cover situations such as yours (same sex partners unable to cohabit due to legislative prohibitions or societal homophobia).
if you would like to find out more about me, feel free to refer to http://www.migrate-2-canada.com or http://www.gaytoronto.com/ralph
good luck,
Ralph Dzegniuk, Barrister & Solicitor (B.A., L.L.B.)
Immigration & Refugee lawyer Migration Law Chambers 82 Richmond Street East, Suite 305 Toronto, ON. M5C 1P1 Phone: (416) 548 9072 Fax: (416) 548 9092 www.migrate-2-canada.com [email protected] [email protected] |
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rbenoit
Senior Member Joined: 30 Nov 2009 Location: Ottawa Status: Offline Points: 282 |
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You have 1 of 3 options.
1. The 2 of you get together either in Canada or another country in which same sex marriage is allowed and you get married and you sponsor him as your spouse.
2. The 2 of you find a way to live together either in Canada or another country for 1 year and qualify as common law and then you sponsor him as your common law spouse.
3. You take your chances with applying under the conjugal partner sponsorship. Very difficult to do. Where you and your parnter "together" before you immigrated to Canada? If yes, this might be a big problem as you should have declared your same sex partneer on your own application and now you may not be able to sponsor your partner.
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