Immigration for same sex couple

[nonu123]

My friend and I want to live together and want to legally get married which is not permitted in our country. We are in relation from past 12 years.We have decided to move to Canada permanently because Canadian Law allows same sex marriage. She is already in Canada on Student Visa and I am still in India.
Please suggest and advise as to what can we do, by which way we both can get legally married and settled in Canada.

 

[nevenj]

Hi,

first you can apply for open work permit (you don't need labor market opinion (LMO) for this kind of work permit and your work permit is not related to only one employer) as her's common-law partner and with that you can come here and work while she studies.
http://www.cic.gc.ca/english/study/work-spouse.asp

second, after she finishes her degree she can apply for post graduate work permit (duration is determined by duration of her studies)
http://www.cic.gc.ca/english/study/work-postgrad.asp

unfortunately, when your partner is on postgrad work permit you can't get again open work permit but you can apply for regular work permit (and that permit needs LMO)
http://www.cic.gc.ca/english/work/apply-who-eligible.asp
instead of this work permit, you could enroll to some one or two year university/college degree (as a student you can apply for a open work permit (after first six months of studies) and work during your studies) or enroll to some co-op program. If I was in your place I would choose this path instead of working while your partner is on postgrad work permit because I think it would benefit to your easier immigration and you would acquire canadian education which would help you to get a better job.

third, when your partner has accumulated one year of work experience with postgrad work permit she can apply for permanent residence under Canadian Experience Class (CEC) program
http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp

After she secures permanent residence, you two can marry and she can sponsor your immigration as you are her family member (or you could apply under CEC program if you acquired enough of work experience and or studies).
http://www.cic.gc.ca/english/immigrate/sponsor/index.asp

There is no simple solution to your question but if both of you are patient and strong enough you can achieve all this in 3 or 4 years. Most important thing is that one of you gets permanent residence, after that, everything is much easier.

You could also check http://www.legit.ca/ and contact them. They might provide you will some specific help and/or advice for same-sex couples.

Best of luck to both of you

p.s. if I'm not mistaken together with work permits you will also need a visitor visa (I think that your partner also needed to get a visitor visa together with study visa)

 

[nonu123]

Hi,

Thank you for providing the information.

I have an ambiguity as to what is the successful rate of getting an open work permit as what I know about this is that generally this type of visa gets rejected. Also, any idea if you have about the processing time and processing fee of this Visa.

Rest all is absolutely OK and will surely work if I succeed in getting the Open work permit.

 

[scylla]

Hi,

Thank you for providing the information.

I have an ambiguity as to what is the successful rate of getting an open work permit as what I know about this is that generally this type of visa gets rejected. Also, any idea if you have about the processing time and processing fee of this Visa.

Rest all is absolutely OK and will surely work if I succeed in getting the Open work permit.

Are you common law? Have you lived together for at least one full year and can prove it?

 

[nonu123]

Hi,

We are same sex partners and are in relation from last 12 years. As such, we have not lived together in one house but off and on we have liven together in each other's house.

Can you please tell what proofs can actually prove that we have lived together.

Thanks

 

[nevenj]

First and foremost, discrimination based on sexual orientation is forbidden in Canada.

Second, you said that you are in relationship for the last 12 years so you could say that you are common law partners. These are the factors that CIC takes under consideration when dealing with common law partners


You are a common-law partner, either of opposite sex or same-sex, if you have been living with your sponsor in a conjugal relationship for at least 1 year. The year of living together must be a continuous 12-month period and cannot be intermittent periods that add up to 1 year. However, you are allowed temporary absences for short periods of time for business travel or family reasons.

You will have to provide documents that prove that you and your common-law partner have combined your affairs and have set up your household together in one home. This could include:

Joint bank accounts or credit cards;
Joint ownership of a home;
Joint residential leases;
Joint rental receipts;
Joint utilities (electricity, gas, telephone);
Joint management of household expenses;
Proof of joint purchases, especially for household items; OR
Correspondence addressed to either person or both people at the same address.

I know for a fact that last year there was a case from my country (eastern Europe) where guy who got enrolled to masters program on one Canadian University got an open work permit for his partner. I've been also told that same sex couples are treated not so strict because of some things are not possible or could even cause physical harm to same sex couples.

Yet, you still need to prove CIC that your partner and you are common law partners. I would strongly advise you that your partner applies for

Work permits for students - Work available to your spouse or common-law partner

http://www.cic.gc.ca/english/study/work-spouse.asp

(This work permit should also solve your temporary resident visa, I might be wrong with this, I see in another topic that this permit solves your TRV but I can't see anything on CIC web site related to TRV and open work permit for student's spouses or common law partners)

and both of you provide detailed explanation of your status and relationship together with any documents/pictures/letters/emails which would corroborate your story and you should also emphasize that because of homophobia in India that you are not able to have same rights as same sex couples. You have nothing to lose if you apply for this work permit. I've read another topic and there was a indian lady saying that her's application got refused but she got married and almost immediately after that her husband went to study in Canada, this kind of case definitely raises suspicions because of their timeline concerning marriage and how he immediately left to Canada.

Best of luck