Conjugal sponsorship or Common law or neither ?

[K3nda]

Hi Everyone,

My partner and I are a same sex couple. She is a Canadian citizen and I come from a country that prohibits homosexual relationships for religious and social reasons. We have been together for almost 3 years two of them were spent in Canada as I was studying English but we couldn't live together at that time because if I get reported to the authorities by anyone from my home country I could be prosecuted and we cant get married as well because it's illegal in my country and it's considered to be a crime. I left Canada to peruse a postgraduate degree as I was on a scholarship and any refusal to comply with the request of leaving would have its legal repercussions as well.

That being said, now I am working towards the end of my degree overseas and I am planning to go back to Canada and considering our situation we are thinking maybe conjugal sponsorship might be the only chance. I currently hold a visitor visa and I know I can extend it but living together for a whole year; One: might not be safe and Two: it would be hard not to work during the period, and marriage is a very risky option in our case too. So would these reasons be enough for us to qualify for conjugal sponsorship ?

We are also considering Express Entry I am eligible to apply but it's not a sure thing either for me to get an invitation, I am standing on CRS of 420 at the moment and planning to take an IELTS test again hoping I can improve it. So can we do both? or should we try EE first ? which route do you think would be better and hopefully safer ?

I would really appreciate any suggestions or ideas


Thank you in advance

 

[zardoz]

Hi Everyone,

My partner and I are a same sex couple. She is a Canadian citizen and I come from a country that prohibits homosexual relationships for religious and social reasons. We have been together for almost 3 years two of them were spent in Canada as I was studying English but we couldn't live together at that time because if I get reported to the authorities by anyone from my home country I could be prosecuted and we cant get married as well because it's illegal in my country and it's considered to be a crime. I left Canada to peruse a postgraduate degree as I was on a scholarship and any refusal to comply with the request of leaving would have its legal repercussions as well.

That being said, now I am working towards the end of my degree overseas and I am planning to go back to Canada and considering our situation we are thinking maybe conjugal sponsorship might be the only chance. I currently hold a visitor visa and I know I can extend it but living together for a whole year; One: might not be safe and Two: it would be hard not to work during the period, and marriage is a very risky option in our case too. So would these reasons be enough for us to qualify for conjugal sponsorship ?

We are also considering Express Entry I am eligible to apply but it's not a sure thing either for me to get an invitation, I am standing on CRS of 420 at the moment and planning to take an IELTS test again hoping I can improve it. So can we do both? or should we try EE first ? which route do you think would be better and hopefully safer ?

I would really appreciate any suggestions or ideas


Thank you in advance

To be brutally honest, I think that the circumstances that you describe preclude a successful "Conjugal Partnership" sponsorship. You *can* marry in Canada and you *can* become common-law partners. The whole point of sponsoring a partner is to live together in a conjugal relationship going forward, but that carries the same risks as you have already declined. You would be in exactly the same legal and social situation as far as your country is concerned as if you are married or common-law...

 

[canuck_in_uk]

Hi Everyone,

My partner and I are a same sex couple. She is a Canadian citizen and I come from a country that prohibits homosexual relationships for religious and social reasons. We have been together for almost 3 years two of them were spent in Canada as I was studying English but we couldn't live together at that time because if I get reported to the authorities by anyone from my home country I could be prosecuted and we cant get married as well because it's illegal in my country and it's considered to be a crime. I left Canada to peruse a postgraduate degree as I was on a scholarship and any refusal to comply with the request of leaving would have its legal repercussions as well.

That being said, now I am working towards the end of my degree overseas and I am planning to go back to Canada and considering our situation we are thinking maybe conjugal sponsorship might be the only chance. I currently hold a visitor visa and I know I can extend it but living together for a whole year; One: might not be safe and Two: it would be hard not to work during the period, and marriage is a very risky option in our case too. So would these reasons be enough for us to qualify for conjugal sponsorship ?

We are also considering Express Entry I am eligible to apply but it's not a sure thing either for me to get an invitation, I am standing on CRS of 420 at the moment and planning to take an IELTS test again hoping I can improve it. So can we do both? or should we try EE first ? which route do you think would be better and hopefully safer ?

I would really appreciate any suggestions or ideas


Thank you in advance

Hi

No chance of conjugal. You can easily marry or become common-law in Canada.

 

[K3nda]

To be brutally honest, I think that the circumstances that you describe preclude a successful "Conjugal Partnership" sponsorship. You *can* marry in Canada and you *can* become common-law partners. The whole point of sponsoring a partner is to live together in a conjugal relationship going forward, but that carries the same risks as you have already declined. You would be in exactly the same legal and social situation as far as your country is concerned as if you are married or common-law...

Thank you for your comment. The reason why marriage is so risky because from my understanding marriage certificates are public records that can be tracked down and if my country somehow finds that piece of paper I might never be able to go back and see my family again because of the legal consequences, that's why we can't get married in Canada or anywhere else, as for the other types of sponsorship it would be different because the word "marriage" doesn't exist therefore it might be safer, we were hoping that it will give us the opportunity to be together without one of us being at risk, otherwise we would have gotten married when we had the chance.

 

[YVR123]

Thank you for your comment. The reason why marriage is so risky because from my understanding marriage certificates are public records that can be tracked down and if my country somehow finds that piece of paper I might never be able to go back and see my family again because of the legal consequences, that's why we can't get married in Canada or anywhere else, as for the other types of sponsorship it would be different because the word "marriage" doesn't exist therefore it might be safer, we were hoping that it will give us the opportunity to be together without one of us being at risk, otherwise we would have gotten married when we had the chance.

There are many married same sex couples originally from the Philippines. I haven't seen any of them posting about being at risk when they visit families back in their home country.

Approval from family is a different thing.

 

[K3nda]

There are many married same sex couples originally from the Philippines. I haven't seen any of them posting about being at risk when they visit families back in their home country.

Approval from family is a different thing.

I am not from the Philippine. Unfortunately my country prohibits same sex relationship inside the country and outside, which means getting married to a same sex partner anywhere around the world could result in jail time, travel ban or execution. and if the person was overseas and they found out it might lead to deprivation of nationality and the person would be announced stateless and therefore not allowed to enter the country.

 

[YVR123]

I am not from the Philippine. Unfortunately my country prohibits same sex relationship inside the country and outside, which means getting married to a same sex partner anywhere around the world could result in jail time, travel ban or execution. and if the person was overseas and they found out it might lead to deprivation of nationality and the person would be announced stateless and therefore not allowed to enter the country.

How about living in Canada as a visitor for a year with your partner and become common law. That's not on any open registry and may be a better option for you.

 

[zardoz]

Thank you for your comment. The reason why marriage is so risky because from my understanding marriage certificates are public records that can be tracked down and if my country somehow finds that piece of paper I might never be able to go back and see my family again because of the legal consequences, that's why we can't get married in Canada or anywhere else, as for the other types of sponsorship it would be different because the word "marriage" doesn't exist therefore it might be safer, we were hoping that it will give us the opportunity to be together without one of us being at risk, otherwise we would have gotten married when we had the chance.

That argument really doesn't carry any weight. It's no different from your "country" being informed by a vindictive third party about your new status. You have a "life choice" to make and it may well have a significant impact on your future either way. I would be much more concerned about an informant than about your "country" trawling through public records of all the other countries that you might have got married in, just on the off chance that they might find something interesting.

 

[scylla]

Thank you for your comment. The reason why marriage is so risky because from my understanding marriage certificates are public records that can be tracked down and if my country somehow finds that piece of paper I might never be able to go back and see my family again because of the legal consequences, that's why we can't get married in Canada or anywhere else, as for the other types of sponsorship it would be different because the word "marriage" doesn't exist therefore it might be safer, we were hoping that it will give us the opportunity to be together without one of us being at risk, otherwise we would have gotten married when we had the chance.

In that case you should go the common law route. Live together in Canada for a year and then apply. No need to get married.

Yes - you can apply for EE at the same time. Right now you need 440+ points to be selected.

 

[scylla]

I currently hold a visitor visa and I know I can extend it but living together for a whole year; One: might not be safe and Two: it would be hard not to work during the period, and marriage is a very risky option in our case too. So would these reasons be enough for us to qualify for conjugal sponsorship ?

Unfortunately this won't make the case for conjugal.
1) The "it might not be safe" argument against common law doesn't make sense. Once you have PR, you'll be living together.
2) Financial reasons aren't accepted as reasons why common law isn't possible.

Conjugal really isn't viable since you hold a visitor visa. There is no immigration barrier to becoming common law or getting married. So you have to pick out of those two options.

 

[K3nda]

That argument really doesn't carry any weight. It's no different from your "country" being informed by a vindictive third party about your new status. You have a "life choice" to make and it may well have a significant impact on your future either way. I would be much more concerned about an informant than about your "country" trawling through public records of all the other countries that you might have got married in, just on the off chance that they might find something interesting.

Well if we decide to take that route no one from my side would ever know about it, but I know that as long as my family still resides there i will be living in fear but you're right it is a life choice and I am just trying to do the right thing for me and my partner and also my family.

May I ask what are the chances of the Canadian government releasing this kind of information to anyone ? or any other government ? knowing that I was never convicted nor involved in any illegal acts ? because I don't know who could have access to these information all i know is marriage certificates in Canada are public records

Would appreciate your insight

 

[K3nda]

In that case you should go the common law route. Live together in Canada for a year and then apply. No need to get married.

Yes - you can apply for EE at the same time. Right now you need 440+ points to be selected.

Thank you, now the picture is more clear. I appreciate the help

 

[K3nda]

How about living in Canada as a visitor for a year with your partner and become common law. That's not on any open registry and may be a better option for you.

Thank you we would defiantly look into that but would there be any struggles to extend the visitor visa twice or more? am I going to need to leave the country and come back ?

 

[scylla]

Thank you we would defiantly look into that but would there be any struggles to extend the visitor visa twice or more? am I going to need to leave the country and come back ?

No issues extending your visitor status. You'll just say you want to stay longer because you are working to become common law so that you can be sponsored. Many on this forum have done this. No - you won't have to leave.