Gay out of status in the US immigrating to Canada as a partner of skilled worker

[New Hope]

Hi everyone!
Thank You for all your posts - i am still reading and and still learning more.
I am new here and just starting my reasarch about immigrating to Canada. Of course i have many questions, but first i should describe my situation and ask all of you for your opinion.

I live in the US but i don't have legal status. I came here with a J1 visa in the summer of 2001. My visa expired after 4 months but i stayed in the country. After over six years here I have no option to adjust my status in any way without going back to my home country - Poland. If i leave i am facing 10 year ban. I am gay and for the last six years i've been with my partner - a US born citizen. American laws don't allow us to legalize our relationship and consequently my partner can't sposor me to become legal resident in the US.
He has college degree and worked for years in banking and mortgage business. He easily makes the mark of 67 points to qualify as a skilled worker. We want to make sure he can sponsor me to immigrate with him as his partner.
What do you think about our chances? And how do we start the whole process? Can i apply with him from the US being out of status or would i have to go back to Poland and start from there? Remember, if i leave the US i can't come back here for a long time and we are risking being separated. To add urgency to the situation, my passport expires in May2010. Can we make the deadline if we start now?

I hope other members will be abble to share some valuable information and help me in making my decisions.

Thanks in advance!

Paul

 

[JC]

I'm not an expert by any means and if I were in your shoes, I would seek professional help from an immigration lawyer. I may be wrong but my gut feeling is that Canada will not ignore your status in the States --- they have a fairly comprehensive application process. They usually require that “The person being sponsored provide evidence of his or her status in the country where he or she is living”. You & your partner will have to undergo quite stringent checks that include addresses and police records from every country you have lived in for more than 6 months since you turned 18. They also say that one of the factors that slow down applications is when “The applicant is not a permanent resident of the country in which he/she currently lives”. This means that they would probably refer your paperwork back to Poland. Plus, the person sponsoring you must agree to be financially responsible for your basic requirements i.e. food, clothing, shelter, dental care, eye care and other health to ensure that you do not have to apply for social assistance. As it does not seem like you have time on your side with your passport expiring soon, please seek professional assistance.

 

[edgy555]

I can sympathize as I'm in a somewhat similar situation. I'm no expert at this, but have you considered moving to Europe with your American partner? I'm pretty sure the UK, for one, will allow you, as a Polish citizen, to live and work there and sponsor your American partner. As I say, I'm no expert, but it might be worth checking out:

http://www.ind.homeoffice.gov.uk/applying/generalcaseworking/unmarriesandsame*censored word*couples

I'm going through the Canadian process now and while it's fair, it takes a loooong time. Moving to the UK might be quicker for you guys, whether or not you want to pursue Canada as an option.

Good luck to you both.

 

[edgy555]

Um...just noticed that the software blocked out a word that invalidated the URL -- I'm sure you can guess the word, but it's S E X

 

[New Hope]

Thank You very much for encouraging words.

Of course seeking legal advice is on top of my "things to do" before I start submitting any documents. Today I contacted David Cohen's office by calling the free number posted on this website. It took me three attempts to finally talk to representative, but it is a FREE service after all. The person I talked to answered my questions in a professional way and helped me clear up some initial uncertainties. He assured me that my partner can include me in his application as a "common-law partner" and that Canadian immigration officials are not concerned with my out of status position in the US. My main concern was obtaining police clearance. I know I have no criminal record (I never had any "run ins" with the law) but I am here with the long expired visa. According to the person I talked to, I can obtain police clearance in US and it will not get me in trouble if I go through this process. (I will have to do some more research about it, but this is what I was told). And I submit it when asked to do so after our application is accepted.
Basically, listening to his answers I realized that the most important part is the main applicant's information. I am "just a partner" so as long as he meets the criteria to immigrate I will be fine. Of course I have to provide all the required information and documents confirming my identity, english abilities etc... but after our conversation I got the reassurance I was hoping for. We are going to begin gathering all necessary documents (and their translations, in my case) and working on our application. I hope we will be able to submit it as soon as possible.
I would like to ask other posters who had gone through this process to share some of their experiences. Please let me know what kind of documents you attached to your application? IELTS results? Birth certificate? Proofs of relationship with my partner? Documents confirming education? Thank You for reading my story and please keep me informed.

Paul

 

[AD4EVR]

Hello New hope:

I'm living the same sitiation that you are going through. My partner and I are thinking about doing the same thing, but I'm trying to get more information on how we can migrate to Canada.
best wishes and good luck

keep me updated on your situation.

 

[Leon]

One of you needs to get a work permit doing a skilled job and then can get an open work permit for the other one or if one of you is on H1B visa, it's a possibility to get into the H1B program in AB or if one of you applies for a student visa, the other one gets an open work permit also. As long as you have lived together for 12 months or more, you qualify as common law partners.

 

[BCguy]

Canada recognizes Same Sex Common Law Relationships as equal to married,I just helped a Lesbian sponsor her Brazilian Fiance.She introduces her as her future wife.She was on an expired Tourist visa to Canada,But there was no problem from CIC

 

[claxtonCT]

As long as you and your american partner have no criminal record and no health issues you should not have a problem. If you get called for an interview be honest about it but dont spend too much time on the subject. Canada does allow same sex marriage and they also understand america doesnt. as of now you could be waiting 2, 3 (maybe more) years to come to canada as a permanent resident under the Federal Skilled Worker Program... the fastest is your partnet to get a job in canada, apply for a work permit and apply to take you with him at the same time.