conjugal partner category for same sex partners

[cvic]

Hi,

I would like some advice on my situation:

I am a lesbian with a partner, we want to marry. However, it might be difficult for her to get a visa to Canada.

We are aware of the common law option, where I can move to the Philippines for a year. However, this will force me to sell my home (at this time when the market is depressed), give up my livelihood (I am in a better shape to provide for us when I have a job) and basically give up my life in Canada, where we eventually choose to stay. I have no relatives here to look after my things. I ask because there is a statement in the Canadian immigration website saying something like if you could have lived together or chose not to because of a job, etc, and you apply as conjugal partners, then your application might be denied. Does this apply in this case?

I am exploring the option of conjugal partner when we eventually reach one year because I have reservations in relocating to the Philippines where life is harder and the crime situation is scary. Around three years ago, my brother suffered a home invasion in Manila and he was traumatized. The perpetrators even went so far as threaten his househelp, days after the crime, to force him to drop the police investigation.

Again, I am willing to move to the Philippines for a year but am exploring all other options. Please respond if you have any advice. I also welcome referrals to immigration professionals/lawyers who I can consult regarding my situation before making my decisions.

Thank you.

 

[scylla]

I'm sure others will throw in their two cents. However one option you might want to consider is a vacation to a third country which allows same sex marriage and which your partner can enter more easily than Canada. You can get married there while on your vacation and then submit your application for PR as a married couple.

Good luck.

 

[cvic]

yup considering that... only that it is difficult for my partner (philippine citizen) to get approved for visas... as countries often fear economic migration. however, we plan to try that too. thanks!

what countries do you know allow foreign couples to marry? as far as i know, besides canada: belgium...?

 

[Hycore]

Hi there, here are the list of countries where they allow same-sex marriage besides Canada, Argentina, Belgium, Iceland, Netherlands, Norway, Portugal, South Africa, Spain and Sweden. You can also check some jurisdictions of the US and Mexico. Hope this helps.

 

[frappii]

My partner and I took the risk and applied under the conjugal category. So far, the embassy hasn't been ignoring our application. All good, i suppose.

 

[cvic]

Great to know that... I suspected that the lawyer I e-mailed has outdated (and probably quoted) information: "You are in a bit of the difficult situation as you already know. You cannot sponsor your same-sex partner unless you are married or have been living in a common-law relationship for 12 consecutive months. I do not recommend the conjugal partner route as this is a very difficult process and one that often leads to disappointment.



I have done several same-sex partnerships and I'm certainly willing to assist you but I can tell you that unless you are able to both travel to a country that offers a same-sex ceremony that is recognized by Canada (and I can't really name one off the top of my head) you have little choice but to travel to the Philippines and live with your partner for 12 months. After that 12 months you would be able to put in the sponsorship."

 

[frappii]

You don't need a lawyer..

your lawyer is an idiot.

 

[Jurjen]

Why not getting married in Canada? If getting a visa is difficult for her, you might want to right a letter of introduction. State that you know that she's coming, that you'll look after her during her stay and that you'll make sure she won't stay longer then her visa will allow her. This might convince the embassy that it's unlikely that she'll become an 'illegal alien'. During her vacation, you two should do your marriage and file for PR (+ extension of her tourist visa, if you two want to stay together in Canada). Also include the demand for the open work permit, so as soon as sponsorship is approved, she can start working and she doesn't have to demand an extention of her tourist visa every time it's about to expire.

Hope this helps... Good luck!

 

[PMM]

Hi

Why not getting married in Canada? If getting a visa is difficult for her, you might want to right a letter of introduction. State that you know that she's coming, that you'll look after her during her stay and that you'll make sure she won't stay longer then her visa will allow her. This might convince the embassy that it's unlikely that she'll become an 'illegal alien'. During her vacation, you two should do your marriage and file for PR (+ extension of her tourist visa, if you two want to stay together in Canada). Also include the demand for the open work permit, so as soon as sponsorship is approved, she can start working and she doesn't have to demand an extention of her tourist visa every time it's about to expire.

Hope this helps... Good luck!

The chance of getting a TRV in the above circumstances are close to nil.

 

[cvic]

Someone told me that because we share the same citizenship (I am Filipino/Canadian), then we won't be approved as Conjugal Partners because there is not an immigration impediment in the Philippines, is this true? (Though technically, I am not anymore a Philippine citizen as I have not taken the oath to become a dual citizen, and at the time I became a naturalized Canadian, Philippine law had deemed my Philippine citizenship revoked)

 

[frappii]

Hi

The chance of getting a TRV in the above circumstances are close to nil.

I agree. We tried getting a TRV and got refused... surprise, surprise! We handed-in the refusal letter with our conjugal application, though.

 

[cvic]

frapii thank you for sharing our experience... are you filipino/canadian?

 

[MD2B]

Well first of all, my wife and I were in a very similar situation.
first and foremost do not make any assumptions about the success or failure of the TRV application to Canada, or underplay its importance.
showing that you tried, and got rejected is very important in conjugal sponsorship (it fulfills the true immigration barrier component, and for same sex partners it explains why you cant get married.)

That being said my wife is from a developing country where TRVs are few and far between, even for "well to do" society, of which she was not. We applied for her TRV and were completely 100% honest about why she wanted to come to Canada. I know the odds are close to nil, but not nil. She got the visa. we married 6 months after her arrival and are now on our way for a real life here.

Lastly, we had also looked into options of marrying in a 3rd country, but its nearly impossible. Firstly, your partner would need to get a travel visa to one of those countries (may be hard if neither of you have a contact there), and secondly most of those countries will not marry two foreign nationals. ie at least one of the parties has to be at least a permanent resident of said 3rd country.

My advice: apply for the TRV being 100% honest, and expecting a refusal. But do it anyway. Its good for your conjugal app, and heck, you just never know. It could be a yes.

 

[Hycore]

Hi there, I agree with MD2B sometimes you just have to try and if you get refused, then apply again, that way the visa officers would know that you're trying all means to be together. I applied for a TRV 5 years ago in Manila and got refused, we were devastated but because of that experience, we agreed that my partner (now my wife) should come to the Philippines and she did. We lived together for 6 months which was great because she was able to meet my family. It was all great, but she couldn't get a full time job even though she is a degree holder. We then decided to work here in Thailand, luckily we both landed the same job in the same university. After 5-months I applied for my TRV in Bangkok and got it. We went to Canada that Christmas visited her family and got married. We came back when we said we would on our TRV application. After a year in Thailand we applied for immigration through Singapore and currently we're at the stage of sending my passport for the approved visa.

 

[cvic]

Thanks, really considering that. Just goes to show majority of those consulatns/lawyers don't have a clue... They keep throwing the idea of "Spain" around... but there you need to own property to marry! "MARRIAGE FORMALITIES IN SPAIN

Civil and religious (Roman Catholic, Protestant, Jewish and Muslim) marriages can be celebrated in Spain for people over 18. While Spanish law appears to permit foreigners to marry in Spain, in practice it will usually be necessary for one of the couple to have been legally resident in Spain for at least two years"