Apply with a Same Sex Conjugal Partner who is HIV+

[slammanzr]

Hello,

I would appreciate your help and insight on the below matter:
We are both males who live in the middle east region.

1. I applied early February 2016 for the express entry and i got an invitation from Ontario (LOI) and did the whole process but the application was sent back to me due to a page of my passport that i accidentally forgot to photocopy correctly. And Ontario did not let me re-apply again.
2. None the less, my account expired in February 2017 and I create a new express entry at the same time i was dating this guy. (he is 25) . My score fell down under 400 in May 2017 after i turned 32. I indicated in my profile back then that im single, as i met him by the end of February 2017 after i submitted my express entry application. He travels outside the middle east region for work (medical missions) and he is HIV+ on treatment and with undetectable viral load.
3. I did the IELTS again last month and got higher grades and according to the CSR calculator that would put me above 420 points.
4. I was thinking of adjusting my application to include my partner, knowing that he will have to do the IELTS as well, but to travel immigrate together and have a better chance of treatment in Canada.
5. The proof of same sex conjugal partnership in the middle east is not easy as it is still illegal and most stuff are done in secrecy.

Please advise on what is best to proceed with the matter and not also to jeopardize my chances as the PR. And hoe to proof the partnership in this situation? Do we need like to go through a civil marriage procedure outside the middle east.

Your inputs are highly wanted

 

[shagunsangwan]

Passing the medical exam with HIV+ results would be hell lot difficult. I just feel that it would be impossible( sorry but dont want to give you false hope)
Also you need to justify your relationship with your partner which again would be difficult for you.

 

[johnsyk]

I concur with the above poster. Honestly, it would be very difficult.

 

[dr feras]

It is difficult indeed. Considering it falls under 2 reasons of possible medical inadmissibility, danger to public health from a communicable disease, as well as the possibility that treatments he needs would cause excessive demand on public health and social services beyond the yearly set threshold by cic which is around 6 thousand dollars ( exact figure is on cic website and updated every year).

 

[canuck_in_uk]

Hello,

I would appreciate your help and insight on the below matter:
We are both males who live in the middle east region.

1. I applied early February 2016 for the express entry and i got an invitation from Ontario (LOI) and did the whole process but the application was sent back to me due to a page of my passport that i accidentally forgot to photocopy correctly. And Ontario did not let me re-apply again.
2. None the less, my account expired in February 2017 and I create a new express entry at the same time i was dating this guy. (he is 25) . My score fell down under 400 in May 2017 after i turned 32. I indicated in my profile back then that im single, as i met him by the end of February 2017 after i submitted my express entry application. He travels outside the middle east region for work (medical missions) and he is HIV+ on treatment and with undetectable viral load.
3. I did the IELTS again last month and got higher grades and according to the CSR calculator that would put me above 420 points.
4. I was thinking of adjusting my application to include my partner, knowing that he will have to do the IELTS as well, but to travel immigrate together and have a better chance of treatment in Canada.
5. The proof of same sex conjugal partnership in the middle east is not easy as it is still illegal and most stuff are done in secrecy.

Please advise on what is best to proceed with the matter and not also to jeopardize my chances as the PR. And hoe to proof the partnership in this situation? Do we need like to go through a civil marriage procedure outside the middle east.

Your inputs are highly wanted

A conjugal partner can't be included in an economic app. Conjugal really only exists only for Family Class Sponsorship. Applicants in economic immigration streams can only include spouses or common-law partners.

Your best option would be to immigrate as single, then get married somewhere outside of the Middle East and sponsor your spouse. You would likely be apart for a year or more, as you are required to live in Canada during the sponsorship process, so be prepared for that.

 

[scylla]

Agreed with the above. You cannot include a conjugal partner in an economic PR application - only a spouse or common law partner.

 

[slammanzr]

Thank you all for your input and insight on the matter.
So if we did have a civil marriage , outside the middle east area, then our chances to apply together will be better, no? then we can be common law partners.
Or better to apply as single first as mentioned by some of you?

 

[moose17]

Scroll down to "What about your family" here: http://15miles.info/cic-express-entry/. It says you can apply as a couple even when you aren't or can't get married:

"My wife and I will joke that we got married to move to Canada, but that’s not really true. Canada will let you bring your common-law partner, so if you’ve lived together for at least a year and can provide documents to demonstrate your commitment, you don’t need to be legally married.

If you have legal reasons why you can’t get married and can’t live together — say your partner lives in a country where being gay is an executable offense — you can still apply together, but you’ll face additional paperwork requirements and may want an attorney. This needs to be an extreme situation you can provide documents to corroborate.

Your spouse will have to submit language test results and the same security background checks that you will need to gather as the main applicant."​

The medical test will be hard though, so hopefully someone else knows more about that. As I understand it, HIV can be very well controlled, but I don't know how expensive the meds are to control it.

 

[canuck78]

You will have a better chance if you apply as single EE and then you apply to sponsor him under conjugal or get married after you have landed in Canada. If you do it this way he will not be inadmissible for medical reason. This may take a couple of years and you will be separated for a good chunk of time.