same sex couple

[superman2012]

hi guys.

I have my student visa with me and I have a boyfriend in Canada and he is now a permanent resident there.

I really don't know how to start the application because were planning to apply after a year. since I will be living to his place when I get there in Canada.

can you give me some ideas regarding common law sponsorship? like what are the common requirements to be submitted? does he need to declare me as a common law partner in advance if I will be arriving this June 2015? are same sex marriage is legal in Canada?

 

[scylla]

Yes - same sex marriage is legal in Canada. In order for him to sponsor you, you must either be married or have lived together for at least one year first to become common law.

 

[superman2012]

Yes - same sex marriage is legal in Canada. In order for him to sponsor you, you must either be married or have lived together for at least one year first to become common law.

thanks scylla. so does he need to declare me as his common partner if I already landed in Canada?
what are the common requirements being asked by the CIC?

 

[scylla]

thanks scylla. so does he need to declare me as his common partner if I already landed in Canada?
what are the common requirements being asked by the CIC?

Were you common law before he landed in Canada and became a PR? In other words, had you been living together for a year or more before he came to Canada and got his PR status? If so, that creates a separate and very serious issue since if you were common law then he should have declared you in his PR application. If you were common law and he failed to declare you in his PR application, you can never be sponsored by him through family class.

The CIC common law requirement is that you have lived togther for at least one full year. Declaring you are common law is not enough. You must prove you have lived together through evidence like joint leases, joint utility bills, joint bank accounts, joint property ownership, mail sent to the same address, etc.

 

[superman2012]

No. oh really? actually our relationship just start in July 2013 and he received his PR card last October 2014. I think he did not include me as his common law partner I will be living with him in june 2015 and Im planning to stay with him for one year.

I'm a international student and if were planning to have our marriage next year is that a legal marriage since I only have my student visa?

 

[handsup]

No. oh really? actually our relationship just start in July 2013 and he received his PR card last October 2014. I think he did not include me as his common law partner I will be living with him in june 2015 and Im planning to stay with him for one year.

I'm a international student and if were planning to have our marriage next year is that a legal marriage since I only have my student visa?

Were you guys living together since the relationship started?

 

[superman2012]

Were you guys living together since the relationship started?

since our relationship start, I'm living in the Philippines and he is working in Canada that time as foreign worker then he applied for PR in 2014 and got approved by October 2014.
we will be living together in June 2015 until I arrive there in Canada as a foreign student. He visited me in the Philippines once and he just stayed here for approximately one month only.

 

[MilesAway]

Then you are not common-law. You become common-law after you have lived together for 12 consecutive months. You have not done so.

 

[handsup]

since our relationship start, I'm living in the Philippines and he is working in Canada that time as foreign worker then he applied for PR in 2014 and got approved by October 2014.
we will be living together in June 2015 until I arrive there in Canada as a foreign student. He visited me in the Philippines once and he just stayed here for approximately one month only.

Then you may apply after qualifying as common law and that will be done when you guys have lived together for one full year. After a year you will be able to file the case (1st live together to qualify CL)

 

[superman2012]

Then you are not common-law. You become common-law after you have lived together for 12 consecutive months. You have not done so.

oh. thanks for that. so can he sponsor me after one year of staying with him?

another question. If we will have our marriage in Canada is that considered legal marriage If my status is only student on my visa?

 

[superman2012]

Then you may apply after qualifying as common law and that will be done when you guys have lived together for one full year. After a year you will be able to file the case (1st live together to qualify CL)

thank you very much handsup!

 

[MilesAway]

Yes, he can sponsor you after you are either common-law or married.

Yes, it would be a legal marriage. You'll have to check the requirements to get married in Canada. Make sure you have all your documents ready.

 

[superman2012]

Yes, he can sponsor you after you are either common-law or married.

Yes, it would be a legal marriage. You'll have to check the requirements to get married in Canada. Make sure you have all your documents ready.

thank you very much milesaway ! are you also a common law sponsorship?

 

[MilesAway]

No, we're married. We went to Iceland, since we could not get married anywhere else (refused visas to Canada 4 times, and the USA once).

 

[superman2012]

No, we're married. We went to Iceland, since we could not get married anywhere else (refused visas to Canada 4 times, and the USA once).

oh really? are you and your partner are same gender?