Same sex sponsership.

[Yudiudyan]

Hi,

Me and my same sex partner are looking forward to get married and since India doesn’t have any rules for same sex marriage (yet), we’re looking into him sponsoring me to Canada to get married. Can he sponser me to Canada and then we can get married and finally start a life we’ve been looking forward to?
How easy is it for him to do so?
Are there any specific rules for this?

Also, what’s the process (a link would be fine) and an eta on the time.

Thank you so much.

 

[21Goose]

Have you been living together for at least a year? If yes, you are common-law partners and he can sponsor you. Is he a Canadian citizen? If yes, he can sponsor you while you live together in India or wherever you are. If he is a PR, he needs to be in Canada to sponsor you.

If you have not been living together for a year, you have four options

1. Get a TRV to come to Canada. Get married here. This may or may not be possible depending on whether you can get a tourist visa for Canada based on your profile.
2. Get married in a third country that recognizes same-sex marriages. You can both go there and get married.
3. He moves to India/you move to a third country to live together for a year. Again, this may or may not be possible
4. If none of these options are possible, he can sponsor you under the Conjugal Partner exemption


Here's a list of countries that recognize same-sex marriages.
http://www.whichcountryinfo.com/countries-with-legal-gay-marriage/

Can you travel to any of these easily?

 

[21Goose]

And here's more info on the sponsorship process - https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

Canada doesn't have special rules for same-sex spouses, you will just be treated like any spouse/common-law partner, and the process is quite straightforward and easy.

The conjugal partner exception I mentioned:

If you’re in conjugal relationship
A conjugal partner is:

• a person who is living outside Canada,
• in a conjugal relationship with the sponsor for at least one year, and
• could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation).

This term applies to both opposite and same-gender couples.

You can sponsor a conjugal partner if:

• there is a significant degree of attachment between the two of you, implying not just a physical relationship but a mutually interdependent relationship, and
• you’ve been in a genuine (real) relationship for at least 12 months where marriage or cohabitation (living together) hasn’t been possible because of barriers such as sexual orientation, religious faith, etc.

Important: If you’re applying in the conjugal partner class, the person being sponsored cannot be living in Canada.

 

[Yudiudyan]

hey 21Goose.
Thanks for replying. And wow. This is literally everything. This clarifies a lot of things.

we will come under conjugal partners.

But one quick question though,

How will they determine the ‘real relationship’ status?

And since we don’t want to take a chance of being stamped with a rejected visa (making things even harder for the future), do you think that him sponsering to a conjugal visa is a better option or getting married in a their world is a better option?

 

[canuck_in_uk]

Have you been living together for at least a year? If yes, you are common-law partners and he can sponsor you. Is he a Canadian citizen? If yes, he can sponsor you while you live together in India or wherever you are. If he is a PR, he needs to be in Canada to sponsor you.

If you have not been living together for a year, you have four options

1. Get a TRV to come to Canada. Get married here. This may or may not be possible depending on whether you can get a tourist visa for Canada based on your profile.
2. Get married in a third country that recognizes same-sex marriages. You can both go there and get married.
3. He moves to India/you move to a third country to live together for a year. Again, this may or may not be possible
4. If none of these options are possible, he can sponsor you under the Conjugal Partner exemption


Here's a list of countries that recognize same-sex marriages.
http://www.whichcountryinfo.com/countries-with-legal-gay-marriage/

Can you travel to any of these easily?

To clarify, the ability to get married or become common-law in a third country is not a factor in conjugal apps.

 

[canuck_in_uk]

hey 21Goose.
Thanks for replying. And wow. This is literally everything. This clarifies a lot of things.

we will come under conjugal partners.

But one quick question though,

How will they determine the ‘real relationship’ status?

And since we don’t want to take a chance of being stamped with a rejected visa (making things even harder for the future), do you think that him sponsering to a conjugal visa is a better option or getting married in a their world is a better option?

A real relationship is proved by visits, pictures, communication proofs, travelling together, combining legal/financial aspects of your lives etc.

You have to apply for a TRV. You will not qualify as conjugal if you cannot show an immigration barrier to traveling to Canada. If the TRV is approved, you are not conjugal because you can come to Canada to marry or become common-law.

 

[21Goose]

Yes, you have to first try and get married/become common-law. A conjugal application will only succeed if you can show that you cannot become common-law/get married despite wanting to and trying to.

A TRV rejection can help show that. And if you get the TRV, then come here and get married.

 

[canuck78]

You need the TRV rejection if you want to apply using conjugal if this person is currently a Canadian PR or citizen,

 

[ajemon]

im just wondering if anyone here try or knows who get married for same sex marriage in legal countries?