"Secret" same sex couple in Dubai. One is applying for Express entry. Can he declare the relationship on the application and not be punished in Dubai?

[januarygem71]

The Canadian government isn't going to tell Dubai about their relationship. He is required to declare and include his common-law partner.

Do you know a specific person who did this? I am asking because this is a good news if you know somebody who did this. Thank you.

 

[januarygem71]

Consult a lawyer - NOT a forum!

No non-immigration lawyer on this forum - no matter how old or "experienced" a member - has any idea of the details of how Immigration departments work. Do not rely on random advice - consult one or more lawyers to make sure you get the right advice.

I agree. I am just asking because there might be members here who have the same case. Thanks

 

[januarygem71]

Documents relating to proving his common law relationship are submitted to IRCC directly, what does that have to do with his current residence in the UAE and the risk of exposure there? This information is not shared by IRCC with foreign governments especially when they know the prevailing laws there prohibit same-sex relationships, this information is stated in the privacy laws that IRCC has to strictly abide by.

This forum is based on people helping others with their immigration queries, it's never been a substitute for legal advice provided by a lawyer. I think people realize that, i'm not sure why you think this needs to be highlighted several times.

I'm the first person to tell someone if their query is too advanced for people here to answer, and that they need to consult a immigration lawyer. This however is a very straightforward query.

Thank you for this. Yes, this is a very straightforward query. I came to this forum before when I was just applying for my PR and it was really helpful. Now, this is for my nephew. I just hope they get through this without any bad consequences. I really appreciate all the banters.

 

[januarygem71]

The people on this forum are just regular people (mostly) like you and me and they have no real idea of the legality of the processes and the steps that IRCC takes internally when sharing data or conducting background checks. The actual lawyers who do understand that process here - like @legalfalcon - may not provide this information on a forum and may require to be consulted off-forum.

However, you can start off your research by reading these links that show up on a simple Google Search - from the official website.

This is a link to the official instructions: According to this, they need to be able to prove that they have been together for at lesat 1-year before they can apply as common-law partners. The evidence from the Phillipines will indicate that they've been together in the past, but in the year immediately preceding their immigration application, they need to be able to prove that they are still together.

That may be a problem but a trained professional - like a lawyer - might be able to tell you how to get through it correctly.

What you are getting on this forum right now is just "guesswork" or "beliefs" - none of which have any value in the real world. If something goes wrong, none of these people are going to have to deal with the consequences - your nephew will.

Here are some other important links:

How IRCC assesses Common Law relationships:

How IRCC assess Conjugal Relationships

Now, take this information, read it, understand it and go to an immigration lawyer - not a consultant - a lawyer, and figure out how to go about the process in the right way.

AGAIN - NOT AN IMMIGRATION CONSULTANT - AN IMMIGRATION LAWYER - cannot emphasize on this enough!

Thank you. I totally understand that we don not know about legalities. I am asking if there is somebody here who has a similar situation or had been in a similar situation. But I really appreciate the exchange of ideas.

 

[januarygem71]

Yeah, but why are you getting caught and banned from the UAE?

Only if you are being overtly disrespect of their laws and customs.

If you're gay and you live a discreet lifestyle and homelife, no one will ever find out that you're in a same-sex relationship. As long as you don't disclose that on applications for visa to countries where it is disallowed, you should be fine.

I think his nephew probably has learnt by now how to survive in this situation.

They are both discreet. As you've read above, it is the IRCC form that he has to declare their relationship so he can sponsor him once he becomes a PR in Canada.

 

[januarygem71]

For OP, guidelines on assessing relationships spouses and common law relationships:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-relationship.html

Thank you Islander.

 

[navinball]

the VO is not supposed to reveal any information about the candidate. the only worry is what if the VO is a canadian of uae ancestry and deeply religious? he/she might harbor some inherent prejudiced feelings.

 

[Islander216]

the VO is not supposed to reveal any information about the candidate. the only worry is what if the VO is a canadian of uae ancestry and deeply religious? he/she might harbor some inherent prejudiced feelings.

Everyone working at the VO has to strictly abide by the privacy rules in place.

No one will jeopardize their position by leaking information about a candidate.

 

[canuck_in_uk]

I know same sex union is legal n Canada. My questions is when he files his application. It would be reviewed by the VO in Dubai. He and his tmight be jailed.

The app won't be reviewed in Dubai. I don't know which VO processes UAE apps but I believe it is somewhere in Europe or at the very least, outside the UAE. Nothing will happen to them because of this app.

 

[guitarman]

the VO is not supposed to reveal any information about the candidate. the only worry is what if the VO is a canadian of uae ancestry and deeply religious? he/she might harbor some inherent prejudiced feelings.

This was my concern when reading the original post, that somehow someone at the local office might tip of the local authorities. I too would personally advise speaking to a lawyer. There's lots of great advice on here. There's also lots of wrong information and rabbit holes, even by long-time members, all of which have been cleared up when I've spoken to a lawyer. I have an excellent one here in Vancouver. PM me if you'd like me to send you their info.

 

[hgunawa]

I agree that there can be some risks involved during background checks initiated within the country, especially if a native VO is involved in assessing the application. While rationally it might seem ridiculous that a VO will risk outing sensitive information, I wouldn't leave anything to chance. Racial, religious and societal preconceived notions and biases can be hard to shake off sometimes. We have seen these behaviors in the best of us.

Definitely a lawyer would be the best source to get advice on this to be safe.