My question is about my nephew. He is working in Dubai. He has been in a same-sex relationship for years with his partner who is also in Dubai. They are both discreet. My nephew wants to come here on the Express Entry stream. His problem is filling out the application. He has to declare they are in a common law relationship so he can sponsor him in the future. Is there anybody here whose situation is the same as his? Thank you so much.
"Secret" same sex couple in Dubai. One is applying for Express entry. Can he declare the relationship on the application and not be punished in Dubai?
- Thread starter januarygem71
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What is the problem? Have they lived in another country together? They will have some proof of being in common law like same address, holidays together, joint accounts out of Dubai, insurance policies now or from before they were in Dubai, letters from family and friends about their relationship status and relationship history, etc.
Hi. Thank you for replying. Yes, they have been living together, in the Philippines, and now in Dubai. In the Philippines, they have conjugal property and a joint back account. For obvious reasons, they can't have a joint account in Dubai since same sex relationship is a NO NO in Dubai. His problem is can he declare their relationship when he fills out the Express Entry application? He is scared they might be persecuted in Dubai. If he doesn't declare their relationship, he might not be able to sponsor once he lands in Canada and become a Permanent Resident. I would greatly appreciate your input.
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The Canadian government isn't going to tell Dubai about their relationship. He is required to declare and include his common-law partner.
Consult a lawyer - NOT a forum!
No non-immigration lawyer on this forum - no matter how old or "experienced" a member - has any idea of the details of how Immigration departments work. Do not rely on random advice - consult one or more lawyers to make sure you get the right advice.
No non-immigration lawyer on this forum - no matter how old or "experienced" a member - has any idea of the details of how Immigration departments work. Do not rely on random advice - consult one or more lawyers to make sure you get the right advice.
Yeah, but their relationship is illegal in the UAE and they are breaking the law, how hard do you think it will be for a VO to figure that out? If they get caught by any chance in the UAE, they will be jailed and then deported.
??
IRCC doesn't care about some disgusting, discriminatory law that another country has. It isn't illegal in Canada and therefore IRCC won't care.
You can go ahead and declare the relationship. All information declared in the application is only used to evaluate your eligibility to qualify for the program. IRCC maintains strict code of confidentiality. Such sensitive information regarding their clients will not be disclosed to any other person or third party organization.
So Dubai government will not know about your nephew's relationship.
So Dubai government will not know about your nephew's relationship.
The people on this forum are just regular people (mostly) like you and me and they have no real idea of the legality of the processes and the steps that IRCC takes internally when sharing data or conducting background checks. The actual lawyers who do understand that process here - like @legalfalcon - may not provide this information on a forum and may require to be consulted off-forum.
However, you can start off your research by reading these links that show up on a simple Google Search - from the official website.
This is a link to the official instructions: According to this, they need to be able to prove that they have been together for at lesat 1-year before they can apply as common-law partners. The evidence from the Phillipines will indicate that they've been together in the past, but in the year immediately preceding their immigration application, they need to be able to prove that they are still together.
That may be a problem but a trained professional - like a lawyer - might be able to tell you how to get through it correctly.
What you are getting on this forum right now is just "guesswork" or "beliefs" - none of which have any value in the real world. If something goes wrong, none of these people are going to have to deal with the consequences - your nephew will.
Here are some other important links:
How IRCC assesses Common Law relationships:
How IRCC assess Conjugal Relationships
Now, take this information, read it, understand it and go to an immigration lawyer - not a consultant - a lawyer, and figure out how to go about the process in the right way.
AGAIN - NOT AN IMMIGRATION CONSULTANT - AN IMMIGRATION LAWYER - cannot emphasize on this enough!
However, you can start off your research by reading these links that show up on a simple Google Search - from the official website.
This is a link to the official instructions: According to this, they need to be able to prove that they have been together for at lesat 1-year before they can apply as common-law partners. The evidence from the Phillipines will indicate that they've been together in the past, but in the year immediately preceding their immigration application, they need to be able to prove that they are still together.
That may be a problem but a trained professional - like a lawyer - might be able to tell you how to get through it correctly.
What you are getting on this forum right now is just "guesswork" or "beliefs" - none of which have any value in the real world. If something goes wrong, none of these people are going to have to deal with the consequences - your nephew will.
Here are some other important links:
How IRCC assesses Common Law relationships:
How IRCC assess Conjugal Relationships
Now, take this information, read it, understand it and go to an immigration lawyer - not a consultant - a lawyer, and figure out how to go about the process in the right way.
AGAIN - NOT AN IMMIGRATION CONSULTANT - AN IMMIGRATION LAWYER - cannot emphasize on this enough!
The Canadian government is not going to release protected information about the sexual orientation of someone to a foreign government, particularly a foreign government with f**ked up backwards laws against homosexuality.
They do not need to prove cohabitation in the year leading up to the application. They can show a year of cohabitation to establish common-law prior to moving to Dubai and then just need to show that the relationship continued.
IRCC are not going to disclose sensitive personal information like sexual orientation to a foreign government, especially if they know homosexuality is outlawed there.
You don't need to be an immigration lawyer to know that.
You don't need to be an immigration lawyer to know that.
Is there some source that explicitly states what you are claiming? If yes, then please add it in so that they can check it out.
No one here is debating the archaic laws against people's sexual orientations or choices. You seem to be overtly concerned about that aspect of it than about the actual issue at hand.
The IRCC website has some clear guidelines on what it requires as evidence for common law partners or conjugal partners. The links I shared have those details.
If you have some specific source, share that.
Does IRCC not check marital status and validity of marriage certificates from the country where you got married? Does it not check to see if the marriage has been annulled?
Similarly there is a process for checking common law partners' status - or conjugal partner status - which is more likely in this case.
But do you have any idea what the actual process of confirming it is? Do you know how questions are asked and what information is shared?
Provide the evidence so that this person can take an informed decision - please dont state personal opinion or anecdotal evidence.
Read Canadian privacy laws.
I'm not overtly concerned about anything. I choose to express my thoughts on such things when posting.
They aren't conjugal, so that has nothing to do with it. I suggest you actually read the links that you posted. Again, for common-law, there is no requirement to prove cohabitation in the year preceding the app. Couples must show one year of cohabitation in the course of the relationship to establish common-law; after that, they can live apart for whatever reason but are still common-law as long as they can prove the relationship is ongoing. Many common-law partners live apart due to work/school/whatever. There is no issue.
No, IRCC doesn't do such in depth checks on marriage certificates in foreign countries.
No, there is no such check for common-law. The check for common-law is the cohabitation documents submitted by the applicants.