Need clarification regarding sponsoring an HIV+ spouse

[WJKTID11470]

My bf and I (both males) have been together since the beginning of 2013, but it's not legal to get married where we're residing at right now.

My bf wants to move to and work in Canada. He's HIV-neg while I'm not.

My questions are:

1. Can he apply for PR status first before we get married in Canada? After that, can I apply for PR with him as my sponsor?
2. Assuming that we're approved (by a stroke of good luck), how will #1 above affect our chances of applying for citizenship in Canada later on?

Thank you.

 

[KBH]

Does your boyfriend have a viable path to PR? Does he have enough points to be selected through Express Entry or how else does he plan to obtain PR? I would be more concerned about how he actually plans to live and work in Canada before worrying about the other details.

 

[WJKTID11470]

My scenarios above are based on the (hopeful) possibility that he will be able to move to Canada after getting a job offer. The move is planned for end of 2019, early 2020. He's currently working as the Division Head of Design in an architectural company.

 

[Buletruck]

My first concern with your plan would be whether you are or have been living common law at any point in your relationship?

 

[WJKTID11470]

My first concern with your plan would be whether you are or have been living common law at any point in your relationship?

We're living separately at the moment.

 

[Buletruck]

Have you been common law in the past? The reason I ask is that previous addresses will come up on a sponsorship application. If he applies single and in the application to sponsor you, there are addresses that coincide, you could be looking at being excluded from the family class and he could potentially face misrepresentation and loose his PR.

 

[WJKTID11470]

Have you been common law in the past?

Nope. Will common law help my case or make it worse?

I read on another thread within this forum about a married couple in the same situation as me and my BF; one poz, one neg. It was posted back in 2016. From my understanding of that particular posting, they both wanted to move to and work in Canada. The HIV-neg spouse wanted to apply first before sponsoring the HIV-poz one. However, someone answered and explained that they both had to apply together. If one is rejected, the other one is also automatically rejected. Is that true? Do you know anything about that?

 

[Sulwyn]

Since you two can't get married in your home country, your options are to go the common law route or conjugal sponsorship. Of the two options, common law is the much easier route. However, if you can't go the common law route, there's always conjugal sponsorship. To qualify for conjugal sponsorship, you have to prove that there are extenuating circumstances preventing you and your partner from getting married and/ or living together.

 

[Buletruck]

If you were living common law (12 months or more together), he would need to declare you on his application. In that case, you could be found medically inadmissible and you would both be rejected. Same applies if you were married.
If you have not now or any time in the past cohabitated for the 12 months, then he doesn't have to include you in his application.

 

[Buletruck]

Since you two can't get married in your home country, your options are to go the common law route or conjugal sponsorship. Of the two options, common law is the much easier route. However, if you can't go the common law route, there's always conjugal sponsorship. To qualify for conjugal sponsorship, you have to prove that there are extenuating circumstances preventing you and your partner from getting married and/ or living together.

Wrong! Don't do that! If they apply as conjugal, common law or married, the OP will likely be found medically inadmissible and both applicants will be refused.

EDIT: If it was me, I would:

1. He applies for immigration as single
2. you apply for a TRV once he gets his PR approved
3. Visit him in Canada, get married
4. He applies for your spousal sponsorship

There is no medical inadmissibility for spousal sponsorship. BUT, you can not have been common law prior to him applying for his PR. If you were, at any time, you would not be eligible as a family member if he lands as single....EVER!

 

[WJKTID11470]

If you were living common law (12 months or more together), he would need to declare you on his application. In that case, you could be found medically inadmissible and you would both be rejected. Same applies if you were married.
If you have not now or any time in the past cohabitated for the 12 months, then he doesn't have to include you in his application.

Back to my original questions above then.

1. Can my BF apply for PR status first (assuming he's offered a job in Canada) before we get married in Canada? After that, can I apply for PR with him as my sponsor?
2. Assuming that we're approved (by a stroke of good luck), how will #1 above affect our chances of applying for citizenship in Canada later on?

 

[Forte]

Relevant reading https://www.canadavisa.com/canada-immigration-discussion-board/threads/need-urgent-help-can-hiv-positive-person-get-pr.124057/

 

[KBH]

Back to my original questions above then.

1. Can my BF apply for PR status first (assuming he's offered a job in Canada) before we get married in Canada? After that, can I apply for PR with him as my sponsor?
2. Assuming that we're approved (by a stroke of good luck), how will #1 above affect our chances of applying for citizenship in Canada later on?

1. Since you have never been common-law, yes, your BF can apply for PR as a single person, get married *after* he gets his PR, then sponsor you for PR. This is the ideal path for you guys because sponsored spouses are exempt from medical inadmissibility (for the most part).
2. I don't understand this question, can you rephrase? What do you mean by "affect your chances"? You have to become a PR and live in Canada for a certain number of years to become a citizen, so #1 would be a completely necessary step if you wanted to apply for Canadian citizenship.

 

[WJKTID11470]

1. Since you have never been common-law, yes, your BF can apply for PR as a single person, get married *after* he gets his PR, then sponsor you for PR. This is the ideal path for you guys because sponsored spouses are exempt from medical inadmissibility (for the most part).
2. I don't understand this question, can you rephrase? What do you mean by "affect your chances"? You have to become a PR and live in Canada for a certain number of years to become a citizen, so #1 would be a completely necessary step if you wanted to apply for Canadian citizenship.

Regarding #2:

If I was approved the PR status in Canada, would I encounter the same issue (due to my HIV status) when I apply for citizenship later on?

 

[scylla]

Regarding #2:

If I was approved the PR status in Canada, would I encounter the same issue (due to my HIV status) when I apply for citizenship later on?

Your health has nothing to do with citizenship.