Same-gender relationship- Need advise!

[Direstrife]

Hi all,

I've been browsing through the forum for quite sometime now and looks like I could use a bit of an advise.

My boyfriend is a canadian permanent and we have been maintaining a long-distance relationship for exactly one year now. We met online and saw each other personally after 7 months. Given this condition, I don't think we'd qualify as conjugal or common-law partners. Obviously we have not lived together for at least 1 year nor do we have any conjugal properties or joint accounts, etc. It seems the only option is to marry.. What do you think is the best approach to apply for my PR?

We have tonnes and tonnes of material supporting our relationship- pictures, chat logs, letters, emails, phone calls, birthday cards, supplementary credit card, boarding passes/airline tickets of our travel together, etc. I also have a multiple-entry visa to Canada expiring in March 2010.


Hence my two questions below then:-

1. Would you recommend an inland or outland application? Most of our conversation logs are in our own language (Filipino) so was wondering if it is better to apply in the Philippines or in Canada? We do not mind a long process as long as we are together. Currently, I live and work in the United Arab Emirates.

2. Is marriage the only option? Can we apply as conjugal partners after living together for 1 year? But this will be in Canada which means I need to extend my visit visa. How difficult is it to get an extension given the intention to apply for permanent residence through conjugal partnership?

Your response guys will be highly appreciated.


Regards,
Corey

 

[Leon]

I would recommend getting married. As for outland or inland, if you apply outland, you can do this even if you are in Canada visiting at the time. You would only have to go to the Philippines if an interview is requested. Approving your partner as a sponsor would take 43 days, see http://www.cic.gc.ca/english/information/times/canada/process-in.asp#sponsorship and then the average processing time in Manila is another 5 months, see http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp#asia

For inland, the first stage approval would take 6-7 months, see http://www.cic.gc.ca/english/information/times/canada/process-in.asp#perm_res and then you could get a work permit. Getting the PR would take 1-2 years with inland. Two downsides with inland, you are not advised to travel while you are waiting since if you are denied entry again, your application is gone and the other is, if they decide they want an interview, there will be no first stage approval and instead they will send your file to the local CIC office where you may wait a long time until they get to it.

 

[mitamata]

I would seriously recommend an outland application as it is done much sooner. Believe me, one month while waiting for PR feels like a year, you do not want to put yourself through more waiting than absolutely necessary. With an outland application, you might be completely finished by the time you'd only get to first stage approval with an inland one.

As for your 2nd question: if you lived together for 1 year, then you could apply as common-law partners, not conjugal partners. That's a different category. I would highly recommend getting married, it makes things simpler. And with all te evidence you already have, it shouldn't be an issue getting PR. And I would suggest doing it before your visa expires, since I suspect same-gender marriage isn't done in the Phillipines.

 

[Direstrife]

Thank you for the response, Leon and mitamata.

Almost all of the advise we get is to get married.. however, we do not feel that this is the right option for both of us. We wanted to live together as life partners but it is also our personal choice to keep our civil status "single" under the law. As mentioned in OP2, marriage is not an absolute requirement and CIC cannot force couples to marry if they have chosen not to do so.

After much thought, it is currently not possible for us to live together continuously for at least one year in order to qualify as common-law partners. I live and work in Dubai, U.A.E and I am unable to sponsor my partner a long-term visa as he does not qualify as spouse or dependent. There is also no provision to sponsor a same-sex partner in the U.A.E. The only way for him to get a resident status in Dubai is if a company will sponsor his visa for employment purposes. With the current economic situation, it is extremely difficult to obtain employment in the U.A.E.

My visit visa to Canada will only enable me to stay for 6 months and further extension is not guaranteed. Even if an extension is granted, we will not manage financially if I am unemployed continuously for 1 year and for the next few months until I become a permanent resident. My partner helps with his family's household expenses in Canada and I have financial obligations in Dubai too (i.e. bank loans, credit cards to pay off). The option now for me to live with my partner in Canada on a visit visa will result in serious financial difficulties for both of us.

Going back the the Philippines to live and work even for just 1 year will present us the same financial difficulties. The Philippine Peso is obviously a weaker currency and earning less than what we need to make ends meet will prevent us from to fulfilling our financial obligations.

Having mentioned the above impediments from living together, we are now looking into applying as conjugal partners. What I am not sure is if our circumstances are valid enough to apply under this category. Your thoughts please?

Thanks.

 

[rjessome]

Then try the conjugal category. No one here (or anywhere) can guarantee your success no matter the category (married/common-law/conjugal). But this is your only option based on the circumstances/preferences you described. This category was created for situations like this and even though it is now legal to marry in many countries for gay and lesbian couples, some (many in fact) choose to be life partners rather than get married because "marriage" is still new and not the norm within your community for numerous reasons.

 

[mitamata]

The problem with conjugal sponsorship is that it's too open to interpretation. You can never know which way it's going to go and different IOs treat it very differently. One IO might look at your case and just approve it with no issues. Another might look at it and say "oh, they can get married but won't? Obviously not commited enough!" and refuse it.
Because while the OP 2 says CIC can't force couples to marry if they don't want to, it also says that "If a Canadian and a foreign national can get married or can live together and establish a common-law relationship, this is what they are expected to have done before they submit sponsorship and immigration applications." (page 32)
It's now up to the IO to go with one of the two. And you can never be sure which way it's going to swing. Personally, I'd approve you and would hope that most IOs would do the same, but... well, you know. Your call. Whatever you decide, I wish you the best of luck and a smooth process!

 

[Direstrife]

Thank you guys, we will pursue the conjugal relationship application and hope for the best. I think we have a pretty strong case so it's worth the chance we can get.