Same sex sponsorship through outland

[Tz007]

Hi
My partner and I are from India. We have been together for around more than 4 years. I have been living and working in Canada for 9 months as a PR but he is still in India. I want to sponsor him as a conjugal partner to Canada. We couldn’t stay together in India because we stayed with our families. We have been on numerous trips and have a couple of photos together and some tickets of travelling together. We have a joint account here in India which has around 1400 C$. Also we have proof that I transferred around 6500 C$ to him for his financial security. We have Whatsapp conversations and call logs. Also i was once in an arranged straight marriage because of family pressure and we divorced but my ex wife understands the issue and can write a letter certifying our relationship. My partner is also in express entry pool but he has a score of 435 which is slightly less. My questions are
1. What is the best way to sponsor him from offshore.
2. What other alternatives do I have?
3. Is number of proofs enough?
4. How much time does it take to know the result?
5. Can he be in express entry and have this application separately?
6. If this application fails can he still apply for a student visa in future?

Regards

 

[np08]

Do these numerous trips include trips to Canada as well? If he's able to travel to Canada (can get/already has a visitor visa), then you won't qualify as conjugal as there's no immigration barrier to getting married or becoming common law in Canada.

You should get your application package here: http://www.cic.gc.ca/english/information/applications/spouse.asp and look at the checklist and the kinds of proof (as well as their quantity) that's necessary.

The average processing time is 12 months.

He can apply for student visas in the future.

 

[Tz007]

Do these numerous trips include trips to Canada as well? If he's able to travel to Canada (can get/already has a visitor visa), then you won't qualify as conjugal as there's no immigration barrier to getting married or becoming common law in Canada.

You should get your application package here: http://www.cic.gc.ca/english/information/applications/spouse.asp and look at the checklist and the kinds of proof (as well as their quantity) that's necessary.

The average processing time is 12 months.

He can apply for student visas in the future.

No he doesn't have a visitor visa till now. Our trips have been only in India. I can’t know if a visitor’s visa will be granted or not. He never applied for it. But in that case anyone could try to get a visitor’s visa to Canada while their partner is in Canada and get married there, what is the use of conjugal sponsorship?

 

[kohman77]

Conjugal sponsorship will require you to prove there is an immigration barrier.
ie. he can't get a visitor visa to Canada.

He would have to try and fail a visitor visa application to prove he isn't allowed into Canada.
If he somehow passed that visitor visa, then marriage/common-law is how you would apply.

 

[np08]

No he doesn't have a visitor visa till now. Our trips have been only in India. I can’t know if a visitor’s visa will be granted or not. He never applied for it. But in that case anyone could try to get a visitor’s visa to Canada while their partner is in Canada and get married there, what is the use of conjugal sponsorship?

You definitely have to apply for his visitor visa first. If he's approved, you can't go conjugal. If it's denied, that's your proof of an immigration barrier.

The conjugal stream is meant for people in extraordinary circumstances and shouldn't be thought of as a regular immigration method. It's meant for a very small percentage of people who can't get married or achieve common law status due to legal and immigration barriers.

 

[Tz007]

You definitely have to apply for his visitor visa first. If he's approved, you can't go conjugal. If it's denied, that's your proof of an immigration barrier.

The conjugal stream is meant for people in extraordinary circumstances and shouldn't be thought of as a regular immigration method. It's meant for a very small percentage of people who can't get married or achieve common law status due to legal and immigration barriers.

Thanks for your insightful answer. This has been really really useful. Cant thank enough. I had a few follow up questions if you could please answer.

What should be the reason to be given for visitors visa if the intention is to be married?

If he gets the visitor visa and we get married in Canada then we have to wait for four months to get his temporary work visa and then apply for PR? Is that right? So effectively its 1 year fir PR plus four months for work permit for whole process?
Is it advisable to go back to india for four months and continue his current job or stay in Canada and wait for work permit? I mean it might be bit difficult to stay for four months without any work. Is there any other thing to take care of?

Also is there some way that we dont have to get married because of personal family reasons? Like i got to know from an immigration lawyer that there is a way to apply from overseas as conjugal partners and then when interview happens we go together and convince them that our relationship is a genuine one and provide as many proofs as we have?

Would be really grateful if you could enlighten on these points.
Regards

 

[canuck_in_uk]

Thanks for your insightful answer. This has been really really useful. Cant thank enough. I had a few follow up questions if you could please answer.

What should be the reason to be given for visitors visa if the intention is to be married?

If he gets the visitor visa and we get married in Canada then we have to wait for four months to get his temporary work visa and then apply for PR? Is that right? So effectively its 1 year fir PR plus four months for work permit for whole process?
Is it advisable to go back to india for four months and continue his current job or stay in Canada and wait for work permit? I mean it might be bit difficult to stay for four months without any work. Is there any other thing to take care of?

Also is there some way that we dont have to get married because of personal family reasons? Like i got to know from an immigration lawyer that there is a way to apply from overseas as conjugal partners and then when interview happens we go together and convince them that our relationship is a genuine one and provide as many proofs as we have?

Would be really grateful if you could enlighten on these points.
Regards

If you marry in Canada, you can apply inland as soon as you have the marriage certificate and app ready. It takes 4 months to get the OWP. He cannot return to India during that time. He must continue to live with you in Canada. If he can't go without work for 4 months, you would need to apply outland and he can leave.

If he gets the TRV, you can either marry or become common-law. There would be no legal or immigration barriers. You would NOT qualify as conjugal.

 

[zardoz]

Thanks for your insightful answer. This has been really really useful. Cant thank enough. I had a few follow up questions if you could please answer.

What should be the reason to be given for visitors visa if the intention is to be married?

If he gets the visitor visa and we get married in Canada then we have to wait for four months to get his temporary work visa and then apply for PR? Is that right? So effectively its 1 year fir PR plus four months for work permit for whole process?
Is it advisable to go back to india for four months and continue his current job or stay in Canada and wait for work permit? I mean it might be bit difficult to stay for four months without any work. Is there any other thing to take care of?

Also is there some way that we dont have to get married because of personal family reasons? Like i got to know from an immigration lawyer that there is a way to apply from overseas as conjugal partners and then when interview happens we go together and convince them that our relationship is a genuine one and provide as many proofs as we have?

Would be really grateful if you could enlighten on these points.
Regards

What is the LEGAL barrier to you becoming common law in India?

 

[canuck_in_uk]

What is the LEGAL barrier to you becoming common law in India?

Technically, there is no legal barrier to living together. However, homosexuality was only decriminalized last year and there are not really any laws in place protecting gays from discrimination/harassment/etc. They face an increased risk of both mental and physical harm.

The reality of being gay in such countries has been accepted by IRCC for conjugal.

 

[np08]

Thanks for your insightful answer. This has been really really useful. Cant thank enough. I had a few follow up questions if you could please answer.

What should be the reason to be given for visitors visa if the intention is to be married?

If he gets the visitor visa and we get married in Canada then we have to wait for four months to get his temporary work visa and then apply for PR? Is that right? So effectively its 1 year fir PR plus four months for work permit for whole process?
Is it advisable to go back to india for four months and continue his current job or stay in Canada and wait for work permit? I mean it might be bit difficult to stay for four months without any work. Is there any other thing to take care of?

Also is there some way that we dont have to get married because of personal family reasons? Like i got to know from an immigration lawyer that there is a way to apply from overseas as conjugal partners and then when interview happens we go together and convince them that our relationship is a genuine one and provide as many proofs as we have?

Would be really grateful if you could enlighten on these points.
Regards

In addition to what @canuck_in_uk said, it's not a year and 4 months. OWP and PR applications are separate but start being processed at the same time. So it's 12 months for the PR and 4 months for the OWP, starting at the same time (meaning you can expect to complete the PR, on average, 8 months after getting the OWP).

 

[deerestlovelybear]

with so much "faked" gay couple trying to scam Canadian immigrations, it is harder and harder for gay people to prove genuian relationship, he can go to canada on visitor visa and marry you, ond need to also consume the marriage, aka living together for sometime etc, otherwise it will be very hard

 

[Tz007]

If you marry in Canada, you can apply inland as soon as you have the marriage certificate and app ready. It takes 4 months to get the OWP. He cannot return to India during that time. He must continue to live with you in Canada. If he can't go without work for 4 months, you would need to apply outland and he can leave.

If he gets the TRV, you can either marry or become common-law. There would be no legal or immigration barriers. You would NOT qualify as conjugal.

Is there any particular reason he should mention while applying for TRV or is it that he says he is going on a trip and comes to Canada and marries?

 

[canuck_in_uk]

Is there any particular reason he should mention while applying for TRV or is it that he says he is going on a trip and comes to Canada and marries?

He should not say he is coming for marriage. He is coming for a visit.

 

[Tz007]

He should not say he is coming for marriage. He is coming for a visit.

Won’t it later affect his PR application that his intention was not rightly expressed for TRV?

 

[Jaise]

Hi, what is current update?