Same-Sex Conjugal

[Rex845]

Hi I am a citizen of Canada and my same-sex partner is from Costa Rica - in May it will be 1 year since we met in person, but online we met in Online in Facebook in March. The Lawyer said Government only counts starting from the time we spent in person..anyone know if this is true?

Anyhow - I want to know am I eligble for Conjugal sponsorship? I visted him twice in Costa Rica last year but can't leave Canada now due to work. We have lots of pictures and videos and chat messages together.
Costa Rica = Gay marriage not legal or recognized and since I support him from Canada as he is unable to find work in Costa Rica - I can't leave Canada to go live with him (and especially because I would be considered a tourist in Costa Rica - not a Citizen married to a woman in Costa Rica.)

Do I need to apply in May or can I apply now post-dated for May? Any tips or experiences?

 

[krishnalynn]

Has he been refused entry to Canada before? What's stopping him from coming to Canada so you can marry and sponsor through that route?

 

[scylla]

Has he applied yet for a TRV to come to Canada to visit you? If he can get a TRV to Canada approved, you can marry here. You need to show that isn't possible before you can apply under conjugal.

What do you have besides videos and pictures to provide you are in a marriage-like relationship?

 

[Rex845]

We have not applied for a vistor visa - we thought it to be pointless as he can't live here even if we got married - I am also in control of the funds of our relationship as our exchange rate is so awful compared to USD they use there - what you guys think? Should we apply for a visitor visa?

If we do I need to be clear and state our real intent is for him to visit me and we are to get legal marriage as in his country we cannot be married. I will not lie and say he is a friend or don't mention it. That could come back at me and say he only used it to get in the country for Inland sponsorship even if stated otherwise.

Once again he has no job, property or money of his own - he is not earing money at this time and finding a job is difficult. I am also supporting his family - I have tracking of sending him money regularly.

 

[scylla]

You absolutely have to apply for a visitor visa. If the visa is refused, this will support your conjugal application as proof he cannot come here in order for you to marry. If by chance the visitor visa is approved, then he can come here and you can either get married or live together to become common law - and then sponsor him for PR.

He should not mention he is coming to Canada to get married - only to visit. No - this won't cause issues for an inland application.

 

[Rex845]

But if he comes and we decide we should get married how he can stay in Canada - I am unclear how he can become my common-law partner with a limited vistor visa? :/
Should I say he is my boyfriend or fiance in the application?

Secondly - form the numerous threads I've read there is a very high chance of rejection- since he hasn't travelled (I got him his passport) - it is highly unlikely he has enough tether to Costa Rica "in the eyes of a border agent or whoever" since he has no money and I am paying everything for him...right?

I am new to this - I've never sponsored anyone before and being Canadian I've never needed a Visa to go to another country before.

 

[MilesAway]

If he gets the visa, then he can apply to extend his stay as a visitor.

 

[Rex845]

Is there a high rate of visa not being extended - what reason would I write that he needs extension if I am not to mention marriage (assuming we are married) or do I just say I have enough to support him for more months? I don't understand that part because they would need a very good reason for his extension no?

Please very important I get a response to this: Should I say he is my boyfriend or fiance in the initial vistor visa application?

 

[scylla]

If he gets here you should be able to get an extension easily by saying you're working on becoming common law.

As for applying for the visitor visa, I would list you as a friend and leave it at that.

 

[Caribou]

Is there a high rate of visa not being extended - what reason would I write that he needs extension if I am not to mention marriage (assuming we are married) or do I just say I have enough to support him for more months? I don't understand that part because they would need a very good reason for his extension no?

Please very important I get a response to this: Should I say he is my boyfriend or fiance in the initial vistor visa application?

visa extension is easy if you guys get married in Canada and especially if you're working.
IF you want to go through as CONJUGAL, yes, state that you're boyfriend and have visa denied and file conjugal.
However, they don't look at the reason for application of visitor visa in spousal application.

I'd say best scenario for you guys is have him come on visitor visa to Canada and get married, then file inland with workpermit application.


As seen in border security shows, he may get pulled to secondary at the airport unless he has legitimate reason to enter Canada. He can then says he's visiting boyfriend in Canada. Best would be you travel to Costa Rica after his visitor visa gets approved, then travel back to Canada together, so you can act as a "sponsor" of him at the border in case he gets pulled to secondary inspection.


But above all, do you really want to spend time with him and build a new life in Canada? You do have to understand that he has to abandon a lot of his life behind him and start from scratch. And, you will be responsible financially to him for at least 3 years. That's a lot of commitment. My partner is from US but still it's really hard for her to start everything new year. We were together for very long time, but since she was from visa exempt country, we couldn't do conjugal nor common-law cuz we didn't live together more than a year. So, getting married was the best way to show my relationship as genuine despite 9 years of proof that we have been together. Otherwise, I had to have my partner come to Canada under visitor status for 1 year to establish common-law.(pilot workpermit was not available back then) Unless you have 6 figure income, it's really hard to financially support someone who's starting new in the country without work permit.
If you're ready to commit, just get married in Canada and file the paperwork right away after getting marriage certificate. If you don't want to commit, then maybe think again really hard on sponsoring. It's more than just "helping someone to get PR in Canada". If you get married, you don't have to show 1 year cohabitation, just provide as much proof to show genuineness of marriage, and that's it.

As far as applying for visitor extension, it takes about 3 months now to get the visitor extension file looked at. So, during that whole time, you constantly have to worry about being out of status and what not.

you can establish common-law with "visitor status" as long as you can prove it. Again, paperwork will double.

 

[Rex845]

Hi Caribou,
There are many people who enter Canada without six-figure incomes to support them - I am thankful I have at least for now a decent permanent job where I can medically cover my partner via my compnay.
Jobs don't last forever but if real love is there you make it work. Some of us who earn 5 figures or less are given the short end of the straw but we have to use extra intelligence in order to cope with extra stress.
I've seen people import others en-mass too poor, too sic and too old to work and they are definterly earning under 40k.

I am loving my partner for real but I am also wondering if Canada is any good as a place to love any more. Sinking dollar, draconic Harper laws (Bill-51 and the 2nd class citizen bill) - I am a second class citizen now because I was not born in Canada - it doesn't matter what my skin color is either. As middle class I am also highly taxes - much of my pay goes to the government. They treat legitimate citizens as possible terrorist (here skin color matters). I digress...excuse my outburst The point is I am not in some dellusion or dream that I am magically granted a visa in the best of circumstances - the reason I ask for your input is because I want to prepare for the worst situations

You mentioned being pulled at the border - if I go to meet him say flying from Costa Rica or Mexico - they will ask why he felt he needed a sponsor and challenge how long he is staying as his intent is to do visit- this is a possiblity yes? Inland visa has no appeal also - and that is a risk we need to discuss with a lawyer (another cost).

I don't know how they can do that if he's been granted a Visa - that part doesn't make sense - but I do vow to fight for his tenure if necessary - or it may be simpler to leave Canada and the cold forever.

 

[ayrazar]

I completely understand you not wanting to say he's a friend - he's not. But he can say he's your boyfriend without having to say his plan is to get married here. Visiting your boyfriend is a pretty legit reason for travelling.

-Just my two cents on that point.

 

[scylla]

Just as an FYI - your company's medical coverage may not cover your partner while he is here as a visitor. It's quite likely you will have to wait until he is a PR and has provincial health care coverage. The vast majority of company medical policies are predicated on having provincial health care coverage. In other words, they don't replace provincial health care coverage - they add to it. Many of us here have tried and failed to add our spouses / partners to our corporate medical plan until they had provincial health care coverage. So if he comes here, make sure you purchase travel insurance to cover him in emergencies.

 

[faisalmohamed]

You absolutely have to apply for a visitor visa. If the visa is refused, this will support your conjugal application as proof he cannot come here in order for you to marry. If by chance the visitor visa is approved, then he can come here and you can either get married or live together to become common law - and then sponsor him for PR.

He should not mention he is coming to Canada to get married - only to visit. No - this won't cause issues for an inland application.

I believe CIC actually says that refusal of a TRV does NOT help with the case of conjugal sponsorship. I distinctly remember reading that when my wife and I were going through a spousal sponsorship under the family class we also came across a lot of information about conjugal partner sponsorship.

 

[Rex845]

@Faisalmohammed -
You are thinking in terms of straight marriage where you have no marriage barriers or legal reasons preventing you from being married
In his country same-sex status or marriage is not recognized and is actively being fought by the political and religious communities there - there is 0% chance for us to be married in his country.