can an indian passport holder sponsor his same sex partner ?

[bfneedshelp]

hi ,
we are same sex couple from india and my boyfriend currently works in the usa. we would like to live together but since neither india nor the usa recogised gay partners we are planning to go live in canada together . any useful advice would be greatly appreciated .


yours truely,
frustrated and lonely boyfriend .

 

[scylla]

Yes - you can immigrate as a couple if you qualify.

You may want to start by exploring the skilled workers and professionals route:

http://www.cic.gc.ca/english/immigrate/skilled/index.asp

 

[scylla]

Just to add...

Another option (if by any chance you don't qualify for Canadian immigration) would be to move to one of the US states that recognizes same-sex relationships and/or allows same-sex marriage. I believe there are 5 states that recognize same-sex marriage but do not actually allow the weddings - and then another five states that both recognize and allow same-sex marriage. A friend of mine just moved from one US state to another for this very reason.

 

[bfneedshelp]

Hi Scylla,

Thanks for the response .The US status on same sex union is not federal which means its only accepted in few states for american citizens only .Thats probably the reason why your friend moved .Me and my boyfriend are both Indians and India does not recognise any form of same sex partnership .

 

[scylla]

I wan't aware of the citizenship bit. It makes sense why you are now looking at Canada. Good luck!

 

[boasorte]

you don't have to be married, you can immigrate as a common-law couple.

 

[bfneedshelp]

Thank you scylla. i do need all the luck
Boasorte , my bf and i are not living together and we dont share any legally binding relationship in terms of joint mortgage,bank accounts etc. we have been in a long distance relationship for the last 5 years as usa and india govts. does not recognise gay partnership .he lives in the usa and i live in india .can we still qualify as a common-law partner ?? it is so hard for gay people to be together .sometimes i feel like am born in the wrong century.

 

[bfneedshelp]

btw both of us are indian citizens ... just in case u r wondering why cant we live in one of the US states where gay partnership is legal.

 

[scylla]

No - unfortunately you won't qualify as common-law. To qualify as common-law you must have been living together for a minimum of one full year.

It sounds like you might be candidates for the conjugal class. However conjugal class is much (much) more difficult to prove than the common-law or married categories. I also don't know how the conjugal class works if you are applying via the skilled worker class. Hopefully someone else can comment on this.

To be honest, I think your best bet would be to go on vacation to a third country (i.e. not US or India) that does allow same-sex marriage, get married there and then apply as a married couple.

 

[minku9]

same sex marriages are legal and recognized in all provinces in Canada, have u considered getting married in Canada and sponsoring him? that would be the best option for u! good luck!

 

[minku9]

Sorry i dint read ur complete post...did u mention ur in India at the moment??? That would be a tough one buddy! If u were in Canada u guys could get married! good luck!

 

[sbwv09]

I don't think they can immigrate as conjugal unless I missed something.. they are both Indian with one living in the US.. someone would have to get PR in Canada some other way FIRST and then sponsor the other through the Family Class. Do you have any family at all in Canada that could sponsor you? If not, you'll need to go on a work/student visa, etc.

 

[journeyman]

In order to qualify for family class sponsorship (spouse/common-law/conjugal), the sponsor must be a Canadian citizen or Permanent Resident. Since neither of you has that status at the moment, at least one of you would need to come to Canada under one of the other classes (Federal Skilled Worker, Canadian Experience Class, PNP, etc.), become a PR, then sponsor the other partner.

 

[bfneedshelp]

my bf has a pending canadian PR application .now just in case if its get approved ,does he need to sponsor me as a conjugal partner or what visa types would best suit our situation ? i have a ten year multipe entry visa for the usa .do you think it will be easier to get canadian visa if i apply from the US ?

 

[sbwv09]

In that case, he can sponsor you as a conjugal partner, or you can marry in Canada once he gets his PR. I have heard that it is easier to get a spousal application approved as opposed to conjugal partners. I believe you can apply through the USA if you have been legally admitted there for over a year, but keep in mind that cases processed out of New Delhi are getting approved much faster than those out of Buffalo.