Same-sex marriage

[yoojs0525]

Hello all. My partner and I now want to move to Canada. I was studying in the U.S for 1 year as a college student, and during that time, my partner and I were living together for about 7 months. However, because my partner could not get work permit in the U.S, we could only live together only 7 months. So we cannot apply to common-law relationship based on the experience. Also, because both my partner and I do not have permanent residency in Canada, it is very hard to get a job in Canada even though my partner has a master degree in electric/computer engineering. Fortunately, we have a chance. I will study in Canadian college, and my partner can get open work permit if we marry, and CIC recognize our marriage. So, we consider marrying in 3rd country such as Iceland and Denmark, and going to Canada with a work permit for my partner.

Q) The problem is that according to few websites in Canadian government, they say marrying for the purpose of immigration is illegal. Also, some people say we will have a lot of chance getting an interview with CIC if our marriage period is not long enough. So I am just wondering whether I can marry my partner and go to Canada together with an open work permit for my partner or not. In fact, we have a bunch of material to prove our relationship, but because many application of marriage couples cannot be qualified, I am nervous. If there is any people who have this kind of experience, feel free to give me any advice.

 

[Leon]

It is illegal when you marry someone you don't love for the sole purpose of immigration but you are not going to be doing that.

Marriage however still does not guarantee an open work permit for your spouse. Your spouse would have the right to apply for one but still has to show that they will not overstay in Canada.

 

[yoojs0525]

It is illegal when you marry someone you don't love for the sole purpose of immigration but you are not going to be doing that.

Marriage however still does not guarantee an open work permit for your spouse. Your spouse would have the right to apply for one but still has to show that they will not overstay in Canada.

Thanks Leon. So, according to your reply, there isn't any problem when my parter and I marry together and go to Canada even though the marriage will take place on November and will land Canada on December. Because we actually love each other, have genuine relationship, and can prove that, we will not be illegal. Right..?
However, I'm still wondering what do you mean "Marriage however...they will not overstay in Canada?" in second paragraph. Of course, I think we have to back to our country before the expiration date of visa, but if we decide to apply for immigration, I think it will be different case. In fact, if my parter can get a job in Canada, my partner would apply for Federal Skilled Worker Class.

 

[Leon]

What I mean is that there is never a guarantee that you get any visa you apply for. Same with your student visa. If immigration thinks you can not fund your stay in Canada or that you will overstay, they can refuse it. They could also approve your student visa but refuse your partners work permit based on that they think your partner will overstay.

I am just saying that even if you marry, it is not 100% guaranteed that your partner will be granted a work permit. Is your partner visa exempt to Canada? If they are, they will most likely be approved.

 

[yoojs0525]

I really appreciate Leon's reply. Yes, that is true that there isn't any guarantee when we apply for any visa, and we should try to do best in order to get a visa on time. If you say about Temporary Resident Visa, we do not need to get a visa since we are Korean.

And I want to ask one more question about overstay.. So how can we prepare to avoid a bad situation that immigration think my partner will overstay? My partner is still in University of Seoul, Korea, and he did not quit the university. He is studying for Ph.D of electric and computer engineer. And also, all his family are in Korea, but he does not have a job in Korea. From 2012 to 2013, my partner was living with me in the U.S, but because there was the date of visitor visa expiration, my partner backed to Korea before the date in order to avoid illegal situation such as overstay. Do you personally think that these kinds of information will help immigration think my partner will not overstay?

And also, this question might be unrelated with my last question, I saw some questions and answers in "HELP: Accompanying my Partner While She Studies" in this board, "General - All Canadian Immigration." Now, I am applying for a Canadian college through my college agency in Korea, and my agent will apply for student visa pretty soon after the agent got a permission from a Canadian college. I will study in Canada from Jan. 2014. My concern is that now, my partner and I are not in common-law relationship, and we do not marry yet. So both are officially single. However, as you may know, I thought that we can marry on November. I mean the marriage will occur a problem in my student permit because of "misrepresentation." if I marry on this November. In this case, do we have to marry after I get a student visa from Canadian immigration?

P.S I want to say again thank you for your all effort.

 

[Leon]

You should ask the embassy if you need to update the marriage status on your study permit when you get married and how to do it. Maybe it is enough to inform them as you enter Canada.

If you are both visa exempt, risk of overstay should not be a problem.

 

[yoojs0525]

You should ask the embassy if you need to update the marriage status on your study permit when you get married and how to do it. Maybe it is enough to inform them as you enter Canada.

If you are both visa exempt, risk of overstay should not be a problem.

Thank you very much

 

[yoojs0525]

You should ask the embassy if you need to update the marriage status on your study permit when you get married and how to do it. Maybe it is enough to inform them as you enter Canada.

If you are both visa exempt, risk of overstay should not be a problem.

By the way, if I inform them of the marriage status when I enter Canada, how about my partner's visa? Is it like that first my partner and I go to Canada together, each has non-visa (visa exempt) and student permit, and then ask the embassy in order to change my single or married status?

 

[scylla]

By the way, if I inform them of the marriage status when I enter Canada, how about my partner's visa? Is it like that first my partner and I go to Canada together, each has non-visa (visa exempt) and student permit, and then ask the embassy in order to change my single or married status?

You need to change your status before you come to Canada. The visa that is issued to you must show you as common law - not single. You can't change your status at the border.

 

[Leon]

You need to change your status before you come to Canada. The visa that is issued to you must show you as common law - not single. You can't change your status at the border.

They are not in a common law partnership but are planning on getting married after the student visa was issued but before entering Canada.

 

[yoojs0525]

You need to change your status before you come to Canada. The visa that is issued to you must show you as common law - not single. You can't change your status at the border.

They are not in a common law partnership but are planning on getting married after the student visa was issued but before entering Canada.

Thanks for replies. Unfortunately, we cannot be in common-law because we were only living together for 7 months. We have had a relationship more than 2 years.
So, I'm asking how can we enter Canada with what visa, and how and when can I upload our information to the embassy.

 

[Leon]

You can not inform the embassy that you are married until you get married. You could contact them now and tell them you are planning to get married before entering Canada and ask for their input.

Another way that could solve your problems is getting married in Canada. You would then enter Canada as a single guy on your student visa. Your boyfriend enters with you as a visitor.

To get married, you would need your passports and birth certificates. If one of you was married before, you need proof that the former marriage was legally ended. Then you can marry in Canada and after getting married, he can apply for the OWP from inside Canada.

 

[yoojs0525]

You can not inform the embassy that you are married until you get married. You could contact them now and tell them you are planning to get married before entering Canada and ask for their input.

Another way that could solve your problems is getting married in Canada. You would then enter Canada as a single guy on your student visa. Your boyfriend enters with you as a visitor.

To get married, you would need your passports and birth certificates. If one of you was married before, you need proof that the former marriage was legally ended. Then you can marry in Canada and after getting married, he can apply for the OWP from inside Canada.

If I can marry him in Canada, I think that is the most good option among many options I consider. However, I heard that even though I can marry my partner in Canada, it is not officially valid, and Canadian government does not recognize because both my boyfriend and I are not Canadian. If one of us has permanent residency or citizenship, I think marrying in Canada is really good, but we are not. Do I misunderstand anything? In fact, the reason why I consider marrying in 3rd country is that we are not permanent residency or citizens in Canada.
And, also I really appreciate many people who help me. In particular, your replies are really helpful. Thank you very much

 

[Leon]

I have never heard that the Canadian government doesn't recognize marriages between two foreigners. If they did not, why should they recognize a marriage from any country that is not the home country of one or both of you? I think whoever told you this was wrong.

 

[yoojs0525]

I have never heard that the Canadian government doesn't recognize marriages between two foreigners. If they did not, why should they recognize a marriage from any country that is not the home country of one or both of you? I think whoever told you this was wrong.

Thanks Leon. After I heard your reply, I was really happy because we think that we do not have to consider 3rd country in order to marry together anymore. I really appreciate every your replies. Thank you very much