Same-Sex Conjugal

[Rex845]

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.

If we are married in Canada - do we apply for it then?

 

[Caribou]

If we are married in Canada - do we apply for it then?

My 2 cents.

I have my health care covered through company-government to be exact. I was not also born in Canada either. However, you know Canada has way better economy than most of other countries in the world. No doubt that.

Depending on the province you live in--for me in BC, you CAN get your spouse covered through MSP(medical) as long as you have sponsorship approval and copy of eCAS saying it's in processing. PLUS, your extended health care does NOT always require medical coverage to be eligible. My spouse got MSP and blue cross extended medical/dental coverage BEFORE PR and certainly got it while in visitor status. (medical card had to be renewed but my pacific blue cross didn't require status of my spouse I just left MSP section blank and she got the coverage.
However, the catch for medical coverage is-- you have to be either in common-law relationship OR married relationship. Common-law relationship status technically does not begin until you have lived with your partner for 1 year. So, you cannot add your partner under your medical under conjugal relationship OR common-law less than a year. depending on the province it's 2 years. (for cic purpose it's 1 year, but medical follows provincial law)
That's why I mentioned in my previous post that getting married in Canada and file as married couple is way better scenario not just for stronger case but also health care and other benefits as well.

you can always get married in Canada and have him apply outland as well if his visa office has less wait time than inland. I seriously didn't believe 100% that same sex file is gonna be the same as straight couple when government looks at the file, but I was WRONG. as long as I had a solid proof and document, it didn't differ from any other straight couple's file.

Plus, throughout the whole process and before filing, my spouse was mostly unemployed or held temporary job since she had to come and visit me so often. employment at home country was not an issue as well since I have a job in Canada. It just left a pretty good dent in my finance. The reason I brought up finance is... Love is wonderful and awesome but when you're stressed about money, it does shake your relationship if you're not ready.

Vancouver has one of the most horrible border officers and when my spouse (gf back then) visited quite often(every 3 months), and one day said she was visiting "friend" she did get pull over and had to come honest that it's a girl friend, and she just didn't want to say that because of her cultural discrimination. Ever since then, there has been no issue when she said she's visiting "girl friend".
Have you watched "Border security" show? search it in youtube and watch it. It's quite entertaining and also prepared me for how to answer at the border as well.

 

[Rex845]

Hi Caribou,
I've actually been through border office once or twice while returning to Canada - they called it "precautionary" though no other citizen was pulled over - I still have no idea why but I do know how to deal with the officers. I did hear them intereact differently in various circumstances - once when I went to Vancouver - they brought a dog while yelling at an asian woman why she was bringing so mant items - that was entertaining. But I will check it out - keep in mind my bf can speak high enough level of English to do basic communication - but he is not as wordly as me - so therefore he has a little experience in crossing any borders. We may end up getting married here, as long as he understands the implications of what it means.

I'm not sure what you meant by straight and same-sex profiles are the same via CIC and what is eCAS? How did your spouse get MSP etc without PR as a visitor?

My 2 cents.

I have my health care covered through company-government to be exact. I was not also born in Canada either. However, you know Canada has way better economy than most of other countries in the world. No doubt that.

Depending on the province you live in--for me in BC, you CAN get your spouse covered through MSP(medical) as long as you have sponsorship approval and copy of eCAS saying it's in processing. PLUS, your extended health care does NOT always require medical coverage to be eligible. My spouse got MSP and blue cross extended medical/dental coverage BEFORE PR and certainly got it while in visitor status. (medical card had to be renewed but my pacific blue cross didn't require status of my spouse I just left MSP section blank and she got the coverage.
However, the catch for medical coverage is-- you have to be either in common-law relationship OR married relationship. Common-law relationship status technically does not begin until you have lived with your partner for 1 year. So, you cannot add your partner under your medical under conjugal relationship OR common-law less than a year. depending on the province it's 2 years. (for cic purpose it's 1 year, but medical follows provincial law)
That's why I mentioned in my previous post that getting married in Canada and file as married couple is way better scenario not just for stronger case but also health care and other benefits as well.

you can always get married in Canada and have him apply outland as well if his visa office has less wait time than inland. I seriously didn't believe 100% that same sex file is gonna be the same as straight couple when government looks at the file, but I was WRONG. as long as I had a solid proof and document, it didn't differ from any other straight couple's file.

Plus, throughout the whole process and before filing, my spouse was mostly unemployed or held temporary job since she had to come and visit me so often. employment at home country was not an issue as well since I have a job in Canada. It just left a pretty good dent in my finance. The reason I brought up finance is... Love is wonderful and awesome but when you're stressed about money, it does shake your relationship if you're not ready.

Vancouver has one of the most horrible border officers and when my spouse (gf back then) visited quite often(every 3 months), and one day said she was visiting "friend" she did get pull over and had to come honest that it's a girl friend, and she just didn't want to say that because of her cultural discrimination. Ever since then, there has been no issue when she said she's visiting "girl friend".
Have you watched "Border security" show? search it in youtube and watch it. It's quite entertaining and also prepared me for how to answer at the border as well.

 

[canadalover4987]

Hi Rex845,

I would like you to know that we are in the same situation and i know this is pretty much stressful for you and your partner. Let me share you my story. I hope you can learn something from my own experience

I am a Canadian citizen and my partner is a transgender woman from the Philippines. I met her on a dating site last Jan 2014. After one year, Jan 2015 - i visited her country for 2 months (first meetng). Same sex is not permitted in the Philippines and her country still recognize her gender at birth. We had Holy Union in the Philippines which was attended by her family, relatives and friends.

Heres the list of what i have accomplish during my first visit.

Skype and email conversation
Western union (from day one to present)
We bought Property in US under our names
Forex cargo boxes and flower delivery receipt (i sent her some items from Canada like chocolates, gifts, etc)
Holy union ceremony
Tons of Pictures
Post mailed letters
Travel abroad and local travel (boarding passes, hotel accomodation)
Conselling certificates (for married couple) signed by reputable Psychologist
Visited chosen orpanage (we have acknowledgement letter from them under our names)
We open a joint bank account
Wills (health will, power of attorney and last will and testament)
Insurance naming her as my beneficiary


Mid of 2015, She was rejected trv in Canada. She own a property in the Philippines, have job and decent amount of money on her own bank account. I gave all necessary documents like invitation letter, we disclose that we are in a relationship. My advice is be honest. If you choose to say that you are "just friends", its concealing of truth. if you later decide to apply as conjugal you will be in deep trouble. The VO will automatically deny your conjugal app and may subject for fraud. Its legit to say that you are in relationship and he wants to visit you, if he get denied then you have 1 proof of immigration barrier thus you will have greater chance of conjugal app.

After the trv rejection in Canada, we wanted to visit NYC and hoping to get married while on tour but she was also denied a visitors visa in the States. I firmly believe that it is a Human Rights to marry someone we love and since she was dnied to enter only proves that we exhaust all possible means for us to get married but was denied due to immigration barrier. Its another evidence for us to show to CIC.

Jan 2016 is my second visit to the Philippines to be with my partner and will most probaby stay here for 3 months.

Heres so far of of what we have accomplished in addition above

Spent holidays the Philippines together with her family
Visited chosen charity orphanage for second time
Diamond ring receipt
Purchase item receipts and dine inns (from 1st and 2nd visit)
Statutory declaration from family, relatives and friends attesting the relationship is genuine and continuing
Additional pictures
Another travel outside the country including local travel (visited another country for 2nd time)
Vehicle purchased
Affidavit from insurance attorney stating that she cant list me as her beneficiary in her life insurance.

Now, take a deep breath. Gather as many evidence as possible, prove that conjugal is best route for both of you. Dont limit your self in gathering documents, remember its a case to case basis. Be creative and just enjoy the moment. Travel together as much as possible and keep boardng passes ticket receipt, etc. Dont worry about applying for conjugal eventually it will come, concentrate on evidence that you will present.

Based on my understanding in your case, most likely he will get denied if he applies a trv. Canada does not have fiancee visa and he is high risk of over staying because you have relationship. CIC may think that you will get married and apply inland spouse sponsorship. But thats ok. If he gets denied that means you have solid proof for both of you that you can present along with all evidences you have.

You cannot jump to conjugal until your partner gets denied by a visa. Do it one at a time, trv first, then gather all evidences you need, then you can think of conjugal.

Stay positive and good luck.

 

[canuck_in_uk]

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.

Completely wrong. A conjugal app requires the couple be unable to marry or cohabit because of legal and immigration barriers. An applicant who hasn't even applied for a TRV cannot prove that there is an immigration barrier preventing them from coming to Canada to be with their partner. The TRV refusal is key to proving that.

 

[Caribou]

Hi Caribou,
I've actually been through border office once or twice while returning to Canada - they called it "precautionary" though no other citizen was pulled over - I still have no idea why but I do know how to deal with the officers. I did hear them intereact differently in various circumstances - once when I went to Vancouver - they brought a dog while yelling at an asian woman why she was bringing so mant items - that was entertaining. But I will check it out - keep in mind my bf can speak high enough level of English to do basic communication - but he is not as wordly as me - so therefore he has a little experience in crossing any borders. We may end up getting married here, as long as he understands the implications of what it means.

I'm not sure what you meant by straight and same-sex profiles are the same via CIC and what is eCAS? How did your spouse get MSP etc without PR as a visitor?

http://www2.gov.bc.ca/assets/gov/health/health-drug-coverage/medical-services-plan/bc-residents/eligibility-and-enrolment/are-you-eligible/covering-a-spouse-or-child-who-is-an-applicant-for-permanent-resident-status-in-canada.pdf
eCAS is the online system where you can track your application status. For MSP, I submitted my marriage certificate, my sponsorship approval letter (we applied outland), eCAS system screen capture showing my spouse's app is "in process", her copy of passport front page AND the page where they stamped entry date to Canada. MSP has 3 months probation period for new applicant, so that's why I applied for it while she was "visiting" and staying with me in Canada, so by the time she lands, she'll have MSP coverage already. The MSP card came with expiry date, but I just had to renew it by sending information update application with copy of landing paper to remove expiry date on the BC services card.(they send you a new card.)

I guess we were so used to discrimination against same sex relationship back in USA. we thought our application has higher chance of hold-up or chance for denial, but with the timeline and everything, our application was not treated any different from straight couple's application at all. People are way more comfortable in Canada all the way from medical to phoning insurance and border officers when we disclosed same sex relationship though. I'm not out at work for several reasons(except HR), but I'm sure that'll get sorted out once my spouse and I get over our past bad experiences.

'hope this helps. Good luck.

 

[Rex845]

Hi Caribou,

Hasn't Same-sex marriage been legal in USA since 2014? I'm surprised they didn't "re-evaluate" on this...

 

[Caribou]

Hi Caribou,

Hasn't Same-sex marriage been legal in USA since 2014? I'm surprised they didn't "re-evaluate" on this...

It became legal, but depending on which state you live in US, people will still discriminate against you in public and make it almost impossible to disclose your orientation anywhere without sacrificing something.
There are still some states with anti-sodomy laws and private companies that will not give benefits to same-sex partner.