Same-Sex Conjugal partner

[nicolascandido]

Hello, my name is Nicolas, I'm 20 years old and I am homosexual. Last year I lived in Toronto for a few months. I met a man and today we have a relationship.
I came back to Brazil on December 16 and now, one month later, we are really missing each other...
This week we started talking about immigration, so that we could be together. We are thinking of applying later this year, after I graduated. As we don't live together and are not married, We believe the process would be as conjugal partners. However, we are very afraid, because we have an age difference of 30 years. He could come to live in Brazil , but he is a teacher, and he loves his school and his students. Also, it would be difficult to teach here (in Brazil).
We could try to keep the relationship at a distance, visiting each other often but I don't earn a lot in my job and don't always have days off to travel.

For all these complications, do you think the consulate could approve our application?

We have evidence that our relationship is real: we send long emails to each other every day, we have the history of daily calls, some pictures and trips we made together.
We don't want to get married now, because we think it's too early but really want to be able to stay together!

Thanks in advance!

 

[MofC2014]

Based on the above I can tell you to forget about applying as conjugal partners, as:

1. Based on your dates you have not been in a relationship long enough;
2. There is no legal barrier to marry (same sex marriage is legal in both, Canada and Brazil);
3. Other than a short romance you cannot provide proof of a lasting marriage like relationship with your partner.

 

[canuck_in_uk]

This week we started talking about immigration, so that we could be together. We are thinking of applying later this year, after I graduated. As we don't live together and are not married, We believe the process would be as conjugal partners. However, we are very afraid, because we have an age difference of 30 years. He could come to live in Brazil , but he is a teacher, and he loves his school and his students. Also, it would be difficult to teach here (in Brazil).
We could try to keep the relationship at a distance, visiting each other often but I don't earn a lot in my job and don't always have days off to travel.

Have you actually read the section on conjugal on the CIC website?

I agree with the above poster, you have no chance of approval as conjugal. You haven't been in a relationship for a year. Homosexuality is legal in both countries, as is gay marriage, so your sexuality is not preventing you from living together or getting married. There is no immigration barrier preventing you from being together; you said it yourself, he can come to Brazil but is choosing not to because of his job.


You may apply as a conjugal partner if:

- you have had a conjugal relationship with your sponsor for at least one year and you could not live together or marry because of
- an immigration barrier,
- your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
- your sexual orientation (for example, you are in a same-sex relationship and same-sex marriage is not permitted where you live) and
- you can prove there was a reason you could not live together (for example, you were refused long-term stays in each other’s country).

You should not apply as a conjugal partner if:

- you could have lived together but chose not to, as this shows that you did not have the level of commitment needed for a conjugal
relationship (for example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the
point where you were ready to live together),
- you cannot prove there was a reason that kept you from living together,
- you are engaged to be married (in this case, you should either apply as a spouse once the marriage has taken place or apply as a
common-law partner if you have lived together continuously for at least 12 months)

 

[nicolascandido]

As I mentioned in the previous post, we will not apply now, but at the end of this year. And we've been together for 6 months.

Anyway, we are thinking about our future together and this is why I'm asking for advice here. Like me, he is also looking for ways we can be together...
And first happens the romance and then the lasting marriages, right?

So, for applying as a conjugal partner it must have this legal barrier to marry?

 

[MofC2014]

"thinking about future together" does not fall into the Family Class Sponsorship.

To be approved under Family Class Sponsorship, even being married or common-law does not automatically grant you approval, you have to show beyond reasonable doubt that all your affairs are joint, that being family, life, finances, etc.

And for conjugal partner, yes a legal barrier must be present.

 

[nicolascandido]

Ok, thank you!

 

[O_guy]

As I mentioned in the previous post, we will not apply now, but at the end of this year. And we've been together for 6 months.

Anyway, we are thinking about our future together and this is why I'm asking for advice here. Like me, he is also looking for ways we can be together...
And first happens the romance and then the lasting marriages, right?

So, for applying as a conjugal partner it must have this legal barrier to marry?

nicolascandido, you are in a better situation than most of us who start this process AFTER we marriage or common-law relationship is stablished. Since you will apply at the end of this year, you have many months to "establish relationship" in the eyes of the CIC. Save all of your communications with your partner (emails, phone records, etc). Visit him in Canada or he can visit you in Brazil and take hundreds of photos together, going on dates, etc. Again, ESTABLISH relationship which you can prove to CIC.

 

[Avadava]

In general, there are 3 possible ways for your partner to sponsor you:

1. Conjugal - this is hard to prove and not applicable in your case, as others have stated (you do no have any real impediments to establish common-law or get married: the fact that your partner doesn't want to leave his job in Canada is not a good reason for Immigration)

2. Common-law - To be eligible for this, you must live together with your partner for 12 consecutive months, no interruptions. It doesn't matter the country in which you will live. Get proof of that, like joint lease contract that shows same address, joint bank accounts, letters from family and friends testifying of your relationship and the fact that you live together, etc.

3. Spousal - you will have to get married.

 

[canuck_in_uk]

As I mentioned in the previous post, we will not apply now, but at the end of this year. And we've been together for 6 months.

Anyway, we are thinking about our future together and this is why I'm asking for advice here. Like me, he is also looking for ways we can be together...
And first happens the romance and then the lasting marriages, right?

So, for applying as a conjugal partner it must have this legal barrier to marry?

In order to apply, you will either need to live together continuously for a year to become common-law or get married.

 

[toutesweet]

You mentioned you were in Toronto before so perhaps the thing to do is come again on a TRV or study permit and live together so you can determine whether or not you want to take the next step. Also he can come to see you in Brazil on his off time from the school year and do the same. It's true conjugal is not really appropriate for you.