can an indian passport holder sponsor his same sex partner ?

[scylla]

Does your partner have you listed on his PR application as his common-law/conjugal partner? If he doesn't, he needs to fix this. It's extremely important that you be added before your partner receives PR and lands.

If your partner listed himself as single and ends up receiving PR and landing as a single person, this will very likely disqualify you from ever being sponsored as his partner (this is known as "misrepresentation").

 

[iarblue]

Well if his sponsorship does get approved then you could try for a visit visa come here get married and apply under the family class.Once you r here as a visitor you can extend your stay past what ever they give you just by applying for the extension to keep your status in Canada legal,but of course this depends on if he gets his PR and if you get a visit visa.And since he has an Pr application pending i dont think he can put another app in anyway he will have to wait for the outcome of his PR.

 

[plumosa]

Does your partner have you listed on his PR application as his common-law/conjugal partner? If he doesn't, he needs to fix this. It's extremely important that you be added before your partner receives PR and lands.

If your partner listed himself as single and ends up receiving PR and landing as a single person, this will very likely disqualify you from ever being sponsored as his partner (this is known as "misrepresentation").

I agree! It may delay things a little bit, but you do NOT want to be disqualified from being sponsored by him. If I was you, I would take a vacation to a place where you can get married and then adjust his application afterwards. This way you don't have to deal with the proof of a conjugal.


How far along is his application? They can take several years...

 

[scylla]

There was a story a little while back (either on this board or another board I read) which had some similarities.

The couple was same-sex (both female). They were conjugal (had never really lived together and weren't married). One landed in Canada as a single PR applicant and did not declare her conjugal spouse. She then tried to sponsor her conjugal spouse. CIC rejected the application and said that her partner was disqualified from ever being sponsored since their relationship pre-dated the PR application by several years and because she did not declare her spouse on her PR application (but instead listed herself as single). I think they are trying to appeal.

 

[canadianwoman]

To the OP: if your partner gets a PR visa to Canada, once he lands he will be able to sponsor you to Canada. He could sponsor you as a conjugal partner, but it would be easier to get married somewhere (maybe during a visit to Canada) and have him sponsor you as a spouse.
Take note of scylla's warning - if you want to be sponsored as a conjugal partner, your relationship history will be part of your application, so CIC will see you were conjugal partners before he immigrated to Canada. Therefore he must declare you as his conjugal partner on his Canadian PR application. If he didn't, get him to change it now. Again, it would be best if he could change it to 'married'.

 

[bfneedshelp]

thanks a ton guys .that was a lot of useful information for us .am afraid he did not list me in his pr application when he applied a year ago.he was called for an interview and was told that they will let him know the status once his medical is through ( 3 months ago ) .so i guess changing his application in any which way is out of the question now .someone mentioned about getting married in a third country where gay marriage is legal but i doubt the law is applicable to us since we are both indian citizens .

 

[BeShoo]

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 ?

If your boyfriend gets a PR, he could sponsor you from Canada as a conjugal partner, but you would need to convince the immigration officer who looks at your file that you are indeed in a marriage-like (conjugal) relationship, and have been for at least one year. You should probably satisfy most of the criteria I posted here: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg357741#msg357741 to the extent that it is possible in a long distance relationship. The weight of the various criteria will vary from one couple to another and some may not apply at all, but you must meet that type of relationship on a balance of probabilities. If you have not combined your affairs to the maximum extent possible, you may be judged to be in a "dating" relationship, rather than in a conjugal one, and that does not qualify under the family class.

If your bf were to qualify under some work or study class, he may be able to bring you with him if your relationship qualifies, but unless he listed you on the original application, he can never sponsor you as a family member later. If he declared himself "single" on his PR application, you can't be included later as a family member. (I'm assuming you were already in a relationship with him when he applied, if he already did.)

 

[bfneedshelp]

thank you so much beshoo .looks like we wont qualify for conjugal relationship as he did not include me in his PR application though we have been in a relationship for more than 5 years ,mostly long distance .but we take common vacations and see each other once every year .if his PR gets approved ,can i go visit him and get married there and then apply as spousal relationship ? please be aware that he didnt include me in his original PR application . thanks again .

 

[scylla]

It's not too late. The PR application can still be modified to include you. This will delay the processing of the application somewhat. However modifying the application now is the only way you can guarantee that your partner will be able to sponsor you later.

If you partner lands as a single person (without declaring you) and then you get married at a later date, your sponsorship could still be rejected because your partner failed to include you on his original application. If this happens, there's also a chance your partner could be charged with misrepresentation (i.e. lying about his status at the time of landing by saying he was single). Misrepresentation can result in having a person's PR status revoked.

Long story short: It's very important that you modify/update the PR application that your partner has in progress if you plan on settling together in Canada.

 

[BeShoo]

There are two ways to go with this. If you think you can prove that you have not been in a conjugal partnership with him until you get married, then you should come to visit Canada once he is here and you can get married while you are here. There are no restrictions as to residency or citizenship to get married in Canada (as far as I know, that's the case in every province, but check the regulations in the province you'll be in). Quebec has a 20-day waiting period between the issuance of a marriage license and the actual wedding. Ontario will let you get married the same day you get the license. The other provinces are probably like Ontario, but check to make sure.

If you think you'll be able to prove that you have been in a conjugal partnership, then you are better to be on that PR application of his before it gets approved. He can just say that he didn't realize he had to include you as a "conjugal partner." A lot of people make this mistake. On the other hand, once the application is approved, the argument that he forgot or didn't realize will not do. There is likely no way you will ever be accepted in a family class application if it's determined that he was "hiding" the fact of your being in a conjugal relationship when he applied.

I think the best course is to try to modify the application in progress. If they accept you as a partner, then everything is good. If they don't then you can get married later and claim that as the start of your long-term relationship, because they will have determined that you were not in a long-term relationship before.

 

[bfneedshelp]

thanks for the quick response well apparently my boyfriend says he did not see the option for 'conjugal partner' in the PR application form .He either missed it or the option was just not there .anyway we are contacting his lawyer and see if we can still change it .

 

[canadianwoman]

looks like we wont qualify for conjugal relationship as he did not include me in his PR application though we have been in a relationship for more than 5 years ,mostly long distance .but we take common vacations and see each other once every year .if his PR gets approved ,can i go visit him and get married there and then apply as spousal relationship ? please be aware that he didnt include me in his original PR application .

With this type of relationship they may not qualify as conjugal partners.
You may be able to come to Canada after your partner gets his PR, marry, and get sponsored, claiming that yes, you two were in a relationship, but it was not at the time of application or of landing a conjugal relationship. If you are just dating someone, you don't have to declare them, and will still be able to sponsor them if you marry later.
I'd definitely ask for a lawyer's advice for this one. If you are added as a conjugal partner, the visa officer may well decide that the relationship does not qualify and your app will be refused. If you aren't added, marry, and are sponsored later, the visa officer may claim you were an undeclared conjugal partner and your app will be refused.

 

[Grade 08]

hi to all,

i cant hellp myselft not to reply to this thread since i do have a bit of similarity with your case. i think a bit of a difference is that im already in canada on a worker's permit. im supposed to ask in a new thread on what kind of sponsorship should i apply for my partner. by the way, we are both female partners. we are in our 3rd year of relationship but we werent able to live together since we are both in our own family businesses. i just got here this august and i know its still a long shot before i could even applly for my PR. but since i do not know what to do and if ever i could think of what to do, we both have at least 2yrs to prepare. i know i can not apply under common law since we didnt live tother and marriage in Philippines are not recognize. correct me if i wrong but i got this idea which im not even sure if its the right thing to do but then this is what we've thought of... since im already here, my partner is planning to visit me after a year's time (using tourist visa). and we were thinking of getting married during the visit. since you have mentioned that getting married here doesnt care of the citizenship of the couple, i think we can do that right? im on workers visa and hers is tourist visa. and she will go back to our country on the date she indicated in her visa. on my part, once i get my PR, i can now sponsor her as her spouse right? as long as ive included her in my application for PR. its a long shot though.. any reaction, or suggestion regarding this? i would gladly appreciate it. thanks a bunch

 

[canadianwoman]

Grade 08, when you apply for PR for yourself, you can include your partner as your spouse (if you're married.)

 

[Grade 08]

Grade 08, when you apply for PR for yourself, you can include your partner as your spouse (if you're married.)

so does it mean i have to wait for my PR before i can do anything? for one, we're not married (yet). that is why my gf is thinking of visiting me here just to get married. you said citizenship is not an issue. can gals like us (with tourist and workers visa)can actually get married?

thanks