Options for Canadian citizen in a relationship with an asylum seeker?

[Bgmesa]

Hi everyone,

Apologies if this thread already exists, but I was wondering if anyone could share their experiences as a Canadian citizien in a relationship with an asylum seeker and the legal hurdles you had to go through to have your partner remain in Canada.

A bit of a backstory- I am a Canadian citizen born and raised in Quebec, and am currently in a relationship with someone who arrived to Canada in 2019 seeking asylum with an open work permit. We have been together for two years and want to start our future together, buy a home, get married eventually, and have children, but he has yet to receive confirmation of his interview/hearing date for refugee status.

I am unsure how to proceed at this moment.. we are not currently living together yet for a few reasons- as I am at home saving to buy property, and that my parents are Portuguese, and are a bit more “traditional” for lack of a better word, when it comes to co-habitating. But we do have savings accounts open together, etc.
Would I be eligible to qualify to sponsor my partner now or in the future on a conjugal or common law sponsorship?

What types of hurdles should I expect in this situation?
Thank you!

 

[canuck78]

Hi everyone,

Apologies if this thread already exists, but I was wondering if anyone could share their experiences as a Canadian citizien in a relationship with an asylum seeker and the legal hurdles you had to go through to have your partner remain in Canada.

A bit of a backstory- I am a Canadian citizen born and raised in Quebec, and am currently in a relationship with someone who arrived to Canada in 2019 seeking asylum with an open work permit. We have been together for two years and want to start our future together, buy a home, get married eventually, and have children, but he has yet to receive confirmation of his interview/hearing date for refugee status.

I am unsure how to proceed at this moment.. we are not currently living together yet for a few reasons- as I am at home saving to buy property, and that my parents are Portuguese, and are a bit more “traditional” for lack of a better word, when it comes to co-habitating. But we do have savings accounts open together, etc.
Would I be eligible to qualify to sponsor my partner now or in the future on a conjugal or common law sponsorship?

What types of hurdles should I expect in this situation?
Thank you!

You won’t qualify to sponsor your partner until you get married. He claimed asylum in 2019 and still hasn’t had any hearing? If so, he should have a hearing soon. How did he get he qualify for an open work permit in 2019 or do you mean that he got a WP after claiming asylum? The only reasons he would have an open work permit is if he had studied in Canada or was the spouse of someone working or studying in Canada. He will need to continue with his asylum claim because if he withdraws it he becomes deportable. If he is denied his asylum claim there will be more scrutiny on your application if you sponsor him so make sure to document your relationship. Take a lot of pictures, do things that prove that you are a couple, attending family events together, etc. If he gets denied asylum you can still sponsor him inland. It will take around a year.

 

[scylla]

Hi everyone,

Apologies if this thread already exists, but I was wondering if anyone could share their experiences as a Canadian citizien in a relationship with an asylum seeker and the legal hurdles you had to go through to have your partner remain in Canada.

A bit of a backstory- I am a Canadian citizen born and raised in Quebec, and am currently in a relationship with someone who arrived to Canada in 2019 seeking asylum with an open work permit. We have been together for two years and want to start our future together, buy a home, get married eventually, and have children, but he has yet to receive confirmation of his interview/hearing date for refugee status.

I am unsure how to proceed at this moment.. we are not currently living together yet for a few reasons- as I am at home saving to buy property, and that my parents are Portuguese, and are a bit more “traditional” for lack of a better word, when it comes to co-habitating. But we do have savings accounts open together, etc.
Would I be eligible to qualify to sponsor my partner now or in the future on a conjugal or common law sponsorship?

What types of hurdles should I expect in this situation?
Thank you!

Conjugal isn't possible since there are no immigration barriers preventing you from living together or getting married. Conjugal is for people where marriage and common law are both impossible.

Your options are:
1) Live together continuously for a full year to qualify to sponsor him as common law
2) Get married and sponsor him as your spouse

You do not qualify to sponsor him now.

 

[Simba112]

You won’t qualify to sponsor your partner until you get married. He claimed asylum in 2019 and still hasn’t had any hearing? If so, he should have a hearing soon. How did he get he qualify for an open work permit in 2019 or do you mean that he got a WP after claiming asylum? The only reasons he would have an open work permit is if he had studied in Canada or was the spouse of someone working or studying in Canada. He will need to continue with his asylum claim because if he withdraws it he becomes deportable. If he is denied his asylum claim there will be more scrutiny on your application if you sponsor him so make sure to document your relationship. Take a lot of pictures, do things that prove that you are a couple, attending family events together, etc. If he gets denied asylum you can still sponsor him inland. It will take around a year.

He qualified for Open Work Permit after his eligibility interview. Apart from PGWP, SOWP, BOWP it is (Open work permit) issued to Refugee Claimant as well and Protected Person

 

[canuck78]

He qualified for Open Work Permit after his eligibility interview. Apart from PGWP, SOWP, BOWP it is (Open work permit) issued to Refugee Claimant as well and Protected Person

That isn’t clear. OP said they arrivEd seeking asylum with an OWP. Could mean they arrived with an OWP and sought asylum or they applied for asylum and received an OWP.

 

[Bgmesa]

Thanks for your replies and insight!
My apologies, i meant to say that he received an OWP after seeking asylum, with the description of case type 28 if that has any significance?
No appointment date yet.. i’m wondering if these wait times are common in QC? Lawyer is estimating by the end of 2022/beginning 2023.
We have many pictures together and with close ones, texts, purchases together etc; As of now, everything but a lease signed essentially..

 

[canuck78]

Thanks for your replies and insight!
My apologies, i meant to say that he received an OWP after seeking asylum, with the description of case type 28 if that has any significance?
No appointment date yet.. i’m wondering if these wait times are common in QC? Lawyer is estimating by the end of 2022/beginning 2023.
We have many pictures together and with close ones, texts, purchases together etc; As of now, everything but a lease signed essentially..

wait times are normal. There will always be extra scrutiny when it comes to Canadian’s sponsoring asylum seekers but if you have enough proof it should be fine. You will still have to go through the hearing,