Gay Couple Immigration to Canada - Options

[imagine]

Hi,

We are a gay couple from India wherein I am HIV +ve and already a Permanent Resident now. My partner has applied for Express Entry separately but his score is pretty low (395 right now). He is in the pool and intends to give his IELTS exam again trying for an 8777 score so that his score becomes around 445. He is an IT Professional (Software Engineer), which is an in-demand job here.
I wish to know what are the possible options for him to immigrate to Canada to be with me and start a new life together.
I am based out of Ontario but we are open to having him in any of the provinces. Specific questions as below-

1. I applied as a single applicant. Will this create any issues if in future I try to sponsor him? What is the typical time and requirements for me to sponsor him? Any link on this would be helpful.

2. Is provincial a better option for him to land in Canada at least? If a candidate is in the pool, does he automatically becomes eligible for provincial nominations or does he have to take any additional steps? For a Software Engineering profile, what provinces would be the best options for him?

3. Is it possible that he comes here on a tourist visa and we get married, so that he becomes a Permanent Resident?

I know there would be online links pertaining to these queries but they are confusing us a lot. Any guidance on this would be really helpful.

TIA.

 

[imusi]

Hi,

We are a gay couple from India wherein I am HIV +ve and already a Permanent Resident now. My partner has applied for Express Entry separately but his score is pretty low (395 right now). He is in the pool and intends to give his IELTS exam again trying for an 8777 score so that his score becomes around 445. He is an IT Professional (Software Engineer), which is an in-demand job here.
I wish to know what are the possible options for him to immigrate to Canada to be with me and start a new life together.
I am based out of Ontario but we are open to having him in any of the provinces. Specific questions as below-

1. I applied as a single applicant. Will this create any issues if in future I try to sponsor him? What is the typical time and requirements for me to sponsor him? Any link on this would be helpful.

2. Is provincial a better option for him to land in Canada at least? If a candidate is in the pool, does he automatically becomes eligible for provincial nominations or does he have to take any additional steps? For a Software Engineering profile, what provinces would be the best options for him?

3. Is it possible that he comes here on a tourist visa and we get married, so that he becomes a Permanent Resident?

I know there would be online links pertaining to these queries but they are confusing us a lot. Any guidance on this would be really helpful.

TIA.

Disclaimer:
The following contents are based on my own knowledge and I may be wrong. Make sure you check official websites by yourself before making any decisions.

1. Not an issue if you did not misrepresent in your PR application. Average processing time for spouse/partner sponsorship is 12 months. For spouse/partner sponsorship requirements check this website out from IRCC: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children.html you can find some information under “check if you’re eligible”. You might need to prepare some documents to prove your relationship is genuine, such as marriage certificate or proof of common-law partner relationship.

2. His CRS is way too low right now... even after he gets CLB9. If he can get a PNP and apply through EE PNP category then the processing time is at least 6 months shorter than through family sponsorship. Software Engineer is on the in-demand list for some provinces and each province organizes their PNP differently. For example, to be eligible for Ontario EE Human Capital stream PNP, you only need to be in the pool under the NOC on the in-demand list and choose Ontario as at least one of the intended province to live in while creating EE profile; for Saskatoon they require you to submit a profile in their system (similar to EE). You’ll have to go through each province’s website for their PNP program details.

3. Yes it is possible. In fact, if he is inland when the sponsorship application is submitted, he might be eligible for an open permit work visa. Also the documents required for spouse (physically presented) sponsorship can be less and easier compared with applying as common-law partner. He does not became PR automatically upon marriage with you - after the marriage you still need to apply for spouse sponsorship and it takes an average of 12 months.

 

[imagine]

Disclaimer:
The following contents are based on my own knowledge and I may be wrong. Make sure you check official websites by yourself before making any decisions.

1. Not an issue if you did not misrepresent in your PR application. Average processing time for spouse/partner sponsorship is 12 months. For spouse/partner sponsorship requirements check this website out from IRCC: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children.html you can find some information under “check if you’re eligible”. You might need to prepare some documents to prove your relationship is genuine, such as marriage certificate or proof of common-law partner relationship.

2. His CRS is way too low right now... even after he gets CLB9. If he can get a PNP and apply through EE PNP category then the processing time is at least 6 months shorter than through family sponsorship. Software Engineer is on the in-demand list for some provinces and each province organizes their PNP differently. For example, to be eligible for Ontario EE Human Capital stream PNP, you only need to be in the pool under the NOC on the in-demand list and choose Ontario as at least one of the intended province to live in while creating EE profile; for Saskatoon they require you to submit a profile in their system (similar to EE). You’ll have to go through each province’s website for their PNP program details.

3. Yes it is possible. In fact, if he is inland when the sponsorship application is submitted, he might be eligible for an open permit work visa. Also the documents required for spouse (physically presented) sponsorship can be less and easier compared with applying as common-law partner. He does not became PR automatically upon marriage with you - after the marriage you still need to apply for spouse sponsorship and it takes an average of 12 months.

Thanks a lot for your inputs.

1. Checked the link and Conjugal Partner seems like a better option for us as we have been staying apart for quite a while since I have moved to Canada. Also, we can prove that we have been together for past 6+ years (Friend's testimonies, Social Media Posts, Whatsapp Conversations, etc.) India does not allow same sex marriage so even that option would be checked.

2. PNP is the option that we are looking at right now firstly. If nothing happens, then we will consider sponsorship.

3. So the process in this case would be- He arrives on a Tourist Visa and we get married, post which I apply for his sponsorship wherein he would get an open permit work visa which means we can stay together till the sponsorship process is completed within approximate an year.

 

[imusi]

Thanks a lot for your inputs.

1. Checked the link and Conjugal Partner seems like a better option for us as we have been staying apart for quite a while since I have moved to Canada. Also, we can prove that we have been together for past 6+ years (Friend's testimonies, Social Media Posts, Whatsapp Conversations, etc.) India does not allow same sex marriage so even that option would be checked.

2. PNP is the option that we are looking at right now firstly. If nothing happens, then we will consider sponsorship.

3. So the process in this case would be- He arrives on a Tourist Visa and we get married, post which I apply for his sponsorship wherein he would get an open permit work visa which means we can stay together till the sponsorship process is completed within approximate an year.

Exactly. Do some research on IRCC website and I’m sure you can find all necessary information. Good luck!

 

[spidermark]

Hi Imagine

Im in the same situation. My bf and I have been together for 3 years before I got here in Canada in 2015. Our relationship was a secret because of how conservative our country is. We werent able to collect proof of joint accounts, bills and etc. Just pics of being together and sweet conversations kept in my cellphone Lol.

Now that I found this thread Im seeing a ray of light from that options you guys posted.

Just wondering which option did you select?

Thanks and Goodluck to us

 

[imagine]

Hi Imagine

Im in the same situation. My bf and I have been together for 3 years before I got here in Canada in 2015. Our relationship was a secret because of how conservative our country is. We werent able to collect proof of joint accounts, bills and etc. Just pics of being together and sweet conversations kept in my cellphone Lol.

Now that I found this thread Im seeing a ray of light from that options you guys posted.

Just wondering which option did you select?

Thanks and Goodluck to us

Hi,

We are still trying for PNP. But due to CoVid, nothing much is happening right now. I am planning to connect with a legal representative to get some idea.

 

[canuck78]

Hi Imagine

Im in the same situation. My bf and I have been together for 3 years before I got here in Canada in 2015. Our relationship was a secret because of how conservative our country is. We werent able to collect proof of joint accounts, bills and etc. Just pics of being together and sweet conversations kept in my cellphone Lol.

Now that I found this thread Im seeing a ray of light from that options you guys posted.

Just wondering which option did you select?

Thanks and Goodluck to us

Why don't you get married somewhere and apply for spousal sponsorship? If he can't get a TRV for Canada try orher countries like in Europe. If he already has a very high CRS that is different.

 

[spidermark]

I am planning to sponsor my Parents first. Will that affect the chance of having my Bf's TRV approved?

As you know, there is an income required per number of person you are getting. Only difference is Parents will be PR and Bf just for a visit which like what we've discussed above I am planning to extend to a year for common law sponsorship.

Thanks

 

[scylla]

I am planning to sponsor my Parents first. Will that affect the chance of having my Bf's TRV approved?

As you know, there is an income required per number of person you are getting. Only difference is Parents will be PR and Bf just for a visit which like what we've discussed above I am planning to extend to a year for common law sponsorship.

Thanks

Your BF's TRV will not be impacted in any way by a parent sponsorship application. Your BF's TRV will be evaluated based on factors like his ties to his home country (e.g. employment, property, etc.), the funds he has to pay for his trip to Canada, his previous travel to countries requiring visas, etc.

Once you have lived with your BF for a year and are common law, you will need to include your common law partner when you calculate LICO to sponsor your parents.

 

[canuck78]

I am planning to sponsor my Parents first. Will that affect the chance of having my Bf's TRV approved?

As you know, there is an income required per number of person you are getting. Only difference is Parents will be PR and Bf just for a visit which like what we've discussed above I am planning to extend to a year for common law sponsorship.

Thanks

Your BFwill be added to your family size number as soon as you live together for a year so you might as well get married and or sponsor him if that is what are your longterm goals. Would add that getting selected for PGP isn’t guaranteed so I wouldn’t put sponsorship of your partner on hold.