Can I (international student Visa) help my same-sex partner to get Open work Permit to Canada

[andy.giang]

Hello All,

Background of us, both Vietnamese but we both has been working and living in Bangkok for the past 4.5 years.
I got Visa for my 2 year full time study in this Sep 2023 and would like to start the process to apply open work permit for my same-sex partner to come with me.
We both cannot married legally due to neither countries (Thailand & Vietnam) allow same sex marriage.

I read on IRCC, most of information is about Canadian citizen sponsor for their common law partner to come to Canada which is not my case.

Hope to get some recommendation tips from whoever experience before. Any government link that related to this situation would be much appreciated.

Thanks

 

[scylla]

Hello All,

Background of us, both Vietnamese but we both has been working and living in Bangkok for the past 4.5 years.
I got Visa for my 2 year full time study in this Sep 2023 and would like to start the process to apply open work permit for my same-sex partner to come with me.
We both cannot married legally due to neither countries (Thailand & Vietnam) allow same sex marriage.

I read on IRCC, most of information is about Canadian citizen sponsor for their common law partner to come to Canada which is not my case.

Hope to get some recommendation tips from whoever experience before. Any government link that related to this situation would be much appreciated.

Thanks

You would need to either be married or common law for your partner to qualify. Common law means you have lived together continuously for at least one full year and have evidence to prove this.

Did you declare yourself single or common law in your student visa application?

 

[andy.giang]

hello Scylla,

We have been living ever since for more than 4 years. Have some proof such as contract with my name but pay by her bank account and my account continuously, Travel intinerary with both names etc..

However, in my Student visa form, I declare as single. Would there be any affect to my partner's application. I was totally not aware of such Marital status until after I got my Visa approval.

 

[scylla]

hello Scylla,

We have been living ever since for more than 4 years. Have some proof such as contract with my name but pay by her bank account and my account continuously, Travel intinerary with both names etc..

However, in my Student visa form, I declare as single. Would there be any affect to my partner's application. I was totally not aware of such Marital status until after I got my Visa approval.

If you listed yourself as single on your student visa application, then I'm not sure it's going to be possible for your partner to apply for an open work permit - or at least it will make it much more difficult since you did not declare your partner in your application.

For proof of cohabitation, you need to show things like joint bank accounts, joint leases, joint utilities, joint credit cards, bank statements / credit card statements with the same address, pay stubs / employment records with the same address. Travel itineraries are not useful and do not show cohabitation.

I'm not sure what to recommend for your case. The fact you listed yourself as single in your study permit application is a problem.

 

[andy.giang]

Thanks for your reminder on the cohabitation. I will find more official documents that link to the same address of the place we lived.

And understand for the status I declared. I think I can try to write a letter of explanation when my partner submitted the application. In my own country the status was just married and non-married equals single. So when submit for the study I was not aware I should have declare the person I just lived together with in the form.

Or would you have any experience or know any one before if they should declare it or just let the partner submitted under Tourist visa

 

[Naturgrl]

hello Scylla,

We have been living ever since for more than 4 years. Have some proof such as contract with my name but pay by her bank account and my account continuously, Travel intinerary with both names etc..

However, in my Student visa form, I declare as single. Would there be any affect to my partner's application. I was totally not aware of such Marital status until after I got my Visa approval.

You should have declared yourself as common law since you are not single. It will be difficult to get SOWP now since all of sudden changing to common law will raise red flags. It is considered misrepresentation. You have not even entered Canada yet. You need to be able to prove common law through legal documentation as @scylla advised. You then will need to explain why you listed yourself as single.

Best thing may be to a) get married if that is your plan or b) come to Canada, get settled, change status to common law, file taxes as common law and then apply for SOWP with all documentation.

 

[andy.giang]

You should have declared yourself as common law since you are not single. It will be difficult to get SOWP now since all of sudden changing to common law will raise red flags. It is considered misrepresentation. You have not even entered Canada yet. You need to be able to prove common law through legal documentation as @scylla advised. You then will need to explain why you listed yourself as single.

Best thing may be to a) get married if that is your plan or b) come to Canada, get settled, change status to common law, file taxes as common law and then apply for SOWP with all documentation.

Thanks @Naturglr

I will try to proceed with B) option first. Then i guess after a year a so after file taxes and get legal document, I can start to file her as my common law, and try to prove the relationships we had in the past.

In the A) option, that would be a back up plan as I understand I need to get PR to be able to marry a non-canadian.

Thanks much for both of your advise Scylla and Naturgrl

 

[Naturgrl]

Thanks @Naturglr

I will try to proceed with B) option first. Then i guess after a year a so after file taxes and get legal document, I can start to file her as my common law, and try to prove the relationships we had in the past.

In the A) option, that would be a back up plan as I understand I need to get PR to be able to marry a non-canadian.

Thanks much for both of your advise Scylla and Naturgrl

You don’t need to be PR to marry. And you can marry any nationality and get married in any country that allows same sex marriage. Not sure where you got that idea.

 

[andy.giang]

I mean to marry in Canada as I understand only 1 person is canadian or PR to be able to marry with same-sex partner, did I misunderstand this?

 

[Naturgrl]

I mean to marry in Canada as I understand only 1 person is canadian or PR to be able to marry with same-sex partner, did I misunderstand this?

You can get married in Canada. Many people who are not citizens get married in Canada. One person doesn’t have to be PR or citizen so yes, you have misunderstood.

 

[andy.giang]

Thank you. You enlighten me, I would search for more info about this marriage too. Much appreciated all of your answers