NEED AN ADVICE FOR SAME SEX SPONSORSHIP!

[nvosg]

Hi everyone, I really need an advice about my sponsorship application before I started. Thank you for helping!
I was really stressful because of making the right decision for my case.

I want to sponsor my same-sex partner and we've been together for 4 years in love far away relationship. I just got Canadian Citizenship and she lives in my country ( Vietnam ) Since the first time I met her on Facebook, we started to talk, call and text whole the time. After 2 months, I decided back to my country to met her and from that time, I keep coming back every year to visit her and we also live and travel together. I back 7-8 times, but every time I could back around 2 weeks up to 2 months because of my school and work schedule. I did the invited letter to invite her to come here to visit me but she got denied.
We really love each other and I want to sponsor her to come here to live with me. All family and friends always support our relationship. We want to get married but in Vietnam, we can't. We really upset about it. I just graduated and just got the job contract for 2 years, but I have a part-time job on the site. So, I was wonder what I should do if I want to sponsor my partner?
I researched a lot of time about conjugal partners and common-law partners.

Conjugal partners:
We have a lot of proof of our relationship about the same address to stay in VN, traveling, photos, financial support which I send money for her, text, phone call, gifts. But we haven't joint the bank account together. If I sponsor her by conjugal partners, any chance to get approved?

Common-law partners:
We don't have 1 year to continue living together. If I want to do it, someone tells me to back in my country live for a year. But the reason is:
- If I back in my country for a year, I need to quit my job here and the job opportunity in my country is not very good and how about if I can not find a job right away.
- If I could get a job but the salary is not very good. Can I support my application? How I can proof for my financial for sponsorship? how I can do the taxes?
- I'm a transgender and I'm in testosterone right now. And my country doesn't have any health care for transgender the same as BC. So, I feel not safe about using testosterone there.
Then, if I sponsor her by common-law partners. I should open the application before I back for after I backed there one year? I really need help with my case, so I can know what I need to do.

Thank everyone for helping me!

 

[k.h.p.]

Has your partner applied for a visa to come to Canada? You cannot apply as conjugal partners if she hasn't been denied from coming to Canada. You said you wrote her an invitation letter and she was denied, and I assume that's for a visa, but I'm not 100% certain.

Since you are able to visit Vietnam, you'd have to have more reasons about why you cannot stay with her in Vietnam for a year. School and work are not sufficient. Medical procedures may be appropriate, but "not feeling comfortable" may not be enough. In other countries, like the Phillippines, where it's against the law in some cases for people to live together (like someone married to someone else who cannot get a divorce) the conjugal application can succeed. If there is no immigration barrier to the two of you living together, conjugal is not an opportunity.

Common-law doesn't work if you have not lived together for a year.

 

[nvosg]

Has your partner applied for a visa to come to Canada? You cannot apply as conjugal partners if she hasn't been denied from coming to Canada. You said you wrote her an invitation letter and she was denied, and I assume that's for a visa, but I'm not 100% certain.

Since you are able to visit Vietnam, you'd have to have more reasons about why you cannot stay with her in Vietnam for a year. School and work are not sufficient. Medical procedures may be appropriate, but "not feeling comfortable" may not be enough. In other countries, like the Phillippines, where it's against the law in some cases for people to live together (like someone married to someone else who cannot get a divorce) the conjugal application can succeed. If there is no immigration barrier to the two of you living together, conjugal is not an opportunity.

Common-law doesn't work if you have not lived together for a year.

Thank you for your time!
We try to apply for the tourist visa, so she got refused. The reason I could stay for a year before because I was PR and then I couldn't leave Canada for more than 6 months. I just got my citizenship for 2 months.
So, if I want to sponsor her by common law, I need to back and live there and then I sponsor her after that? That means I cannot do anything now until we live one year together?

 

[k.h.p.]

You could absolutely have left Canada for more than six months - you only needed to be in Canada for 2 of 5 years.

Right now, unless you're married, or can prove an immigration barrier as to why you cannot be common law with her in Vietnam, there's nothing you can do.

 

[nvosg]

You could absolutely have left Canada for more than six months - you only needed to be in Canada for 2 of 5 years.

Right now, unless you're married, or can prove an immigration barrier as to why you cannot be common law with her in Vietnam, there's nothing you can do.

Thank you, we have plan to marry. However, the amendments to the Law on Marriage and Family officially went into effect. It states that while Vietnam allows same-sex weddings, it will not offer legal recognition or protection to unions between people of the same sex. That's why i don't know what I should do. If I decided to back to VN I need to quit my job here and that is really stressed for a new graduated

 

[k.h.p.]

Thank you, we have plan to marry. However, the amendments to the Law on Marriage and Family officially went into effect. It states that while Vietnam allows same-sex weddings, it will not offer legal recognition or protection to unions between people of the same sex. That's why i don't know what I should do. If I decided to back to VN I need to quit my job here and that is really stressed for a new graduated

I'm not too sure what that means, to be honest. Vietnam will allow same-sex weddings but will not issue marriage certificates? If they will issue some sort of document that states that you have been married, it may (or may not) be enough...

If you can't get a marriage certificate from Vietnam, your only options to get her to Canada are (1) being married, (2) being common-law married, or (3) proving immigration barriers or legal barriers that prevent you from doing (1) or (2).

If your partner has skills and qualifications to immigrate on her own, she could look at Express Entry or similar pathways to Canada.

 

[nvosg]

I'm not too sure what that means, to be honest. Vietnam will allow same-sex weddings but will not issue marriage certificates? If they will issue some sort of document that states that you have been married, it may (or may not) be enough...

If you can't get a marriage certificate from Vietnam, your only options to get her to Canada are (1) being married, (2) being common-law married, or (3) proving immigration barriers or legal barriers that prevent you from doing (1) or (2).

If your partner has skills and qualifications to immigrate on her own, she could look at Express Entry or similar pathways to Canada.

Yes, we can get married, but can't have the marriage certificates.
If I back to Vietnam for a year, can I open the application from outside Canada or I need to back here to do it?

 

[k.h.p.]

You are a citizen, you can sponsor her from outside of Canada. You will just need to prove that you have plans to return to Canada.

 

[DollyM]

Can you both travel and meet in a country that does recognise same sex marriage? I believe Taiwan has legalised same sex marriage. You could meet up with your partner, get married, have a week or 2 honeymoon then come back to Canada to sponsor her. That way nobody has to give up their job and you won't need to worry about conjugal sponsorship.