Do I qualify as conjugal partner for sponsorship? (dual intent?)

[frimousse]

I have read the description of conjugal partner on the CIC website but it's still not clear if I would qualify to sponsor my boyfriend, maybe someone can clarify it for me....

Here's the situation, my same sex boyfriend (since 2008) is from Honduras... we met in Canada when he was studying in Montréal but we have never lived together in Canada or in Honduras... we travel and see each other as often as our budget will permit and we would be living together (or get married) if we had the chance...

but here's the issue... same sex marriage is not permited in Honduras and he was refused re-entry into Canada, so obviously we can't get married here or live together here if they won't even let him back in the country... so this proves some kind of immigration barrier..

HOWEVER I suppose there is nothing stopping me from moving to Honduras and live with him (and this is the point that makes me think it might not be accepted)... the CIC site says IF YOU WERE DENIED RESIDENCE IN EACH OTHER'S COUNTRY... ok so he was refused rentry to Canada... but I have been to Honduras and have NO problem going and getting visa's...

so would the immigration officer force me to go to Honduras and live with him for 12 months so we could be commonlaw? This hardly seems fair to me, because I would have to leave my job (which I would need to keep if I were to sponsor him!)... if he were a women I could go to Honduras, get married and come back and sponsor him no problem.. but this isn't the case..
or the immigration officer could just say, well maybe same sex marriage is not legal in Honduras, but you could to some US States, Mexico City, Argentina, Spain, Belgium etc and get married)... this also seems unfair to me as no-one else is forced to go to another country to get married.. I would want to do here in Canada with my family and friends present...

the frustrating part is that he is a 33 yr old professional, with a master's in environmental architecture.. he is lucky enough to be from a small % of Hondurans who are middle class.. so it's not like he is unqualified worker or has no skills...

I just don't know what to do.. I love him very much and I can't imagine spending my life with anyone else!

... now I have another element to add to this.. dual intent...

we have enrolled him in a 6 month course for French language training (we would live in Montreal and he already speaks English) but before we send off the papers (and by the way, I'm not holding my breath that it will accepted even though we have all the requierements) I want to know if declaring dual intent will hinder the student visa application (CIC website says not, but I am SOOO cynical at this point I'll come right out and say it.. I think that is an outright lie... how can one get a student visa (you have to prove you will leave Canada at the end of your studies) is you are declaring you have the intention to stay as a perm resident!?! hello this sounds contradictory!?

Thanks for reading!
Please I need some advise! What should we do?

 

[tgchi13]

Well, the most straightforward and possibly simplest for both of you would be to hold the marriage in neither Canada or the Honduras but a third country.

 

[frimousse]

true.. and I have thought of that.. and have not ruled that out by any means...

and don't get me wrong, I'm VERY grateful to be from a country with liberal views that would even consider same-sex applications... but somehow it doesn't seem quite equitable that I would have to be married away from home, my friends, my family just because of that..

but still, I suppose sometimes in life we are often faced with difficult situations and what is equitable isn't always the point.. why fight it I suppose.. we could marry easily enough in Mexico City or in some US states.. (like vermont with is just an hr from Montreal!)

 

[lynw]

Well, the most straightforward and possibly simplest for both of you would be to hold the marriage in neither Canada or the Honduras but a third country.

Sounds like an eminently sensible idea. I wish you and your partner the best of luck Frimousse!

 

[tgchi13]

We had to marry outside of Canada. Only my parents and my best friend attended. It wasn't what we wanted, but we wanted to be married more than we wanted to not be because of immigration. I'm s stubborn snot and NOT doing this because they put restrictions in place seemed, to me, like I would have been allowing them to win. I started off adamant that I would not marry for immigration purposes, but in the end the process proved to me that we *were* married, just without the certificate.

 

[scylla]

frimousse -

If it makes you feel any better - the challenges you're facing aren't limited to same sex couples. There are many heterosexual couples on this board who have also been unable to live together in Canada and/or been unable to get married in Canada because the non-Canadian partner can't get a TRV.

Good luck and I hope the two of you can be together in Canada soon!

 

[joecreosta]

frimousse -
There are many heterosexual couples on this board ........

where do you get ur stats from?

 

[tgchi13]

where do you get ur stats from?

Stats? Is isn't a reference to stats. Many is not a stat.

 

[locolynn]

Stats? Is isn't a reference to stats. Many is not a stat.

lol I was thinking the saaaaaaaaaame thing. Follow any of the conjugal threads and you'll see a ton of hetero couples interested or in process for conjugal...

 

[joecreosta]

lol I was thinking the saaaaaaaaaame thing. Follow any of the conjugal threads and you'll see a ton of hetero couples interested or in process for conjugal...

lol ok sorry im not in that business so i wont know.

 

[frimousse]

sorry.. didn't want this thread to be about sexual orientation.. that really is not the issue i mentioned it mostly to describe the challenge of getting married (only a few countries allow it) . I thought that maybe that fact might make us eligible for conjugal parter sponsorship... whether hetero or other is ok! it's just great to get some feedback... it's encouraging to have some support! thank you =)

I suppose the only way to really find out would be to apply.. the worst they could say is no.. and then we could see about arranging a wedding some other way/place

maybe first see what happens with my partner's student visa.. keeping my fingers and toes crossed for that one! It would fix so many problems! we could marry in Canada first of all.. and the student visa could get renewed.. but I have my doubts about the visa getting accepted but we'll see! We have paid 100% of the tuition, return ticket to Honduras, proof of funds, acceptance letter from Québec, letter from his employer in Honduras that upon finishing his course he has a job waiting...

 

[tgchi13]

lol ok sorry im not in that business so i wont know.

Joe: where are your stats?

 

[scylla]

frimousse -

I think waiting to see what happens with the student visa first is a great idea. It could be a positive decision and then you would be worrying about the rest for no good reason.

Take it one day at a time and hope for the best! (And keep us updated on your progress!)

 

[joecreosta]

Joe: here are your stats?

i see thanks

 

[whoopi83]

Frimousse - read OP2 Manual section(s) 5.40 - 5.41 and (5.45) - where it states that same-sex marriages performed outside of Canada are not recognized for immigration purposes but may serve as evidence for common-law or conjugal sponsorship...(5.40) and further that where such marriages are performed outside Canada they are recognized in that jurisdiction only - (5.41) again, reference is made to common-law and conjugal categories being available to you and 5.45 explains what, in relation to Canadian law, a conjugal partner actually is. That said, http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#spouse states that the marriage if performed in one of the listed locations will be recognized if it is legal in that jurisdiction.... either way, be aware.

It sounds like there is an immigration barrier in your case but it will of course depend on an IO's interpretation of the evidence you provide. Except you having to give up your job (which of course is a big deal I understand) are you legally able to "move" to Honduras for 12 months or more? Is there any type of barrier there? You may want to research some material on LGBT issues on Honduras (ILGA.org) to see if you can find some supporting evidence for not wishing to reside there due to political/religious/cultural issues.

The main thing I'm trying to say is do not get married in a third party country and assume you will be afforded spousal 'rights', you may only be able to use such a marriage in support of a conjugal/common-law application.

And of course, good luck.