Gay Couple- Common Law Sponsorship

[imagine]

Hi,
I am a permanent resident in Canada. Landed here in July last year and still looking for a stable job. My boyfriend of past 7 years is in India and is trying to immigrate here. For him, PNP is the most apt route for now.
1. I wanted to check if I can sponsor him as a common law partner, since we are not legally married ( gay marriages ain't legal in India).
2. If I don't have a job, will it affect the process for me, considering lack of funds or can I sponsor him if I can show adequate funds?
TIA

 

[armoured]

If you meet the tests for common law, you can sponsor as common law.

Yes, adequate funds/income can include savings.

 

[imagine]

But my express entry was as a single person. Will sponsoring as a common law be treated as misrepresentation?
How much time does common law sponsorship typically take?

 

[armoured]

But my express entry was as a single person. Will sponsoring as a common law be treated as misrepresentation?
How much time does common law sponsorship typically take?

Good point, I did not think of that. Yes, I think if you did not declare and your common law proof is prior to your express entry, you have a problem. But please get feedback from others, I don't know this part of the issue or express entry well.

 

[scylla]

Hi,
I am a permanent resident in Canada. Landed here in July last year and still looking for a stable job. My boyfriend of past 7 years is in India and is trying to immigrate here. For him, PNP is the most apt route for now.
1. I wanted to check if I can sponsor him as a common law partner, since we are not legally married ( gay marriages ain't legal in India).
2. If I don't have a job, will it affect the process for me, considering lack of funds or can I sponsor him if I can show adequate funds?
TIA

Did you live with him continuously for at least one full year before coming to Canada?

 

[Mice]

Hi,
I am a permanent resident in Canada. Landed here in July last year and still looking for a stable job. My boyfriend of past 7 years is in India and is trying to immigrate here. For him, PNP is the most apt route for now.
1. I wanted to check if I can sponsor him as a common law partner, since we are not legally married ( gay marriages ain't legal in India).
2. If I don't have a job, will it affect the process for me, considering lack of funds or can I sponsor him if I can show adequate funds?
TIA

You should check Conjugal Partners, it's better than common law partner since you are not legally married.

 

[imagine]

You should check Conjugal Partners, it's better than common law partner since you are not legally married.

Thanks. Will the issue of misrepresentation arise in case of conjugal partners if I had applied as a single person.

 

[Mice]

Thanks. Will the issue of misrepresentation arise in case of conjugal partners if I had applied as a single person.

You should read about conjugal partners definition how you prove it. Also check documents checklist to find it : https://www.cic.gc.ca/english/information/applications/spouse.asp
Did they ask you about conjugal partners at the entry point or they only have options as married/common law partner/single?
It's not simple to answer because you need the proof of your relationship. So misrepresentation or not, it depends what case you are in.

 

[scylla]

Thanks. Will the issue of misrepresentation arise in case of conjugal partners if I had applied as a single person.

Only if you lived together for a year or more before coming to Canada.

 

[canuck_in_uk]

Thanks. Will the issue of misrepresentation arise in case of conjugal partners if I had applied as a single person.

You need to answer scylla's question. Did you live together continuously for a year before you became a PR?

 

[imagine]

My sincerest apologies for not reverting to the message. The thread somehow got lost in the barrage of emails.
Yes, we have stayed for more than a year under the same roof and I understand that it would be counted as a common-law relationship under Canadian Law.
We are willing to get married but feel that it is better to know the complete process before rushing into things. Not declaring him as Common Law in my PR Application has already created enough confusion as of now.