Transgender Sponsorship by Canadian boyfriend

[nayra]

Hi,


I am hoping someone can possibly help us. I am hoping to apply for family sponsorship. Here is my current situation: (Please don't hesitate to ask me if there's anything you need to clarify.)


My name is Aryan, 34 years old from the Philippines with a valid Philippine passport. I am a transgender with no criminal records. I haven't traveled in US or Canada. I am a college undergraduate with 7-8 years of working experience in a call center industry. I met my partner online. My boyfriend is a Canadian born citizen with valid Canadian passport. He is 66 years old, he is a retired pensioner, but still currently employed. He has no criminal records and not filed bankruptcy. We have been in a relationship for over 1 year now. Same sex marriage is not legal in my country not even in a nearest future. My boyfriend visited my country twice. We are planning to have HOLY UNION here in my country this coming January 2015. There is no doubt that we love each other and the relationship is completely bonefide. We have not been together for continuous 12 month period under one roof.


Here's what we have so far:

-a land property in Florida (both our names are listed on the land deed)
-traveled abroad and locally
-email, sms and chat conversation through skype
-pictures together
-money transfer records
-Forex cargo proofs (parcels)
-joint bank account including credit card
-insurance policy that i am his beneficiary
-notarized last will and testament
-power of attorney
-notarized affidavit coming from family and friends
-sworn affidavit stating that he is single and never married anyone in Canada
-certificate of no marriage stating i am single and i never got married here
-police reports stating no criminal offence


I am home property owner here in the Philippines. I bought a house way back 2009 before i met my partner. My boyfriend doesn't own a home in Canada, he is currently renting an apartment in Ontario. Do you think this is going to be a problem for him to be a sponsor since he doesn't own a home in Canada? Do we need to have a huge amount on money in our joint bank account?


I made my own research about conjugal and common law, i somehow understand the difference between the two. It appears to me that we fall under the conjugal category.


In your BEST honest opinion. What can you say about our case? If you think we are not qualify please let me know too. Please help. Some people say i need to apply TRV some says i can apply for permanent visa. Which is applicable?


Your post is well appreciated. Please dont use foul or insulting language it wont help me. Thanks

 

[MilesAway]

Re: Inquiry about my case - sponsorship

A lot of good advice was given in the previous thread.

Conjugal is a difficult category to prove. You need to prove that your lives are joined and that you have legal or immigration barriers that prevent you from either getting married or becoming common-law.

The fact that same-sex marriage is not legal in your country is one barrier, but what is stopping you from traveling to a third country to get married? Can your partner come live with you for 12 months to become common-law? These are things that the visa officer will consider when evaluating your case.

It is always best to apply as common-law or married. Conjugal should be if you have tried all other options, and failed. This is why it is suggested that you apply for a TRV. If you are refused, then it will strengthen your case for conjugal.

As mentioned on the CIC site, there is no minimum income to sponsor a spouse.

The age gap will be a concern for CIC (based on previous appeal files), so make sure you address that. It would be best to show that you have spent a lot of time together. Two short visits may not be enough to prove that your lives are joined and that you are in a "marriage-like relationship".

 

[Alurra71]

Re: Inquiry about my case - sponsorship

As you were advised in your previous thread (which now seems to be not only locked but deleted); you should begin by reading all the information located in the first post here: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html This will help you to determine which application, if any, fit your current status.

As previously advised, you should, at minimum, apply for a TRV to come to Canada. If you are denied, then you will include the denial with your application and then would apply as 'conjugal' partners.

Your application, your sponsors application and all of the required proofs are sent together in one envelope to the address you were provided with on your previous post.

If you are given a TRV to Canada, you may extend it if you and your boyfriend agree that is what you both want. It is not garunteed, obviously, but you won't know if you don't try.

If you get to Canada and then you and your boyfriend instead marry and become spouses, you will instead need to file a spousal sponsorship application. Canada recognizes same sex marriages, even if your home country does not.

The biggest hurdle I can see that you and your boyfriend will need to overcome is going to be the age difference. They are going to want to know the 'how, what, where and why' of your relationship so be sure to include very in depth details. It doesn't have to be greatly personal details, however, you need to overcome CIC's first instinct which is going to be "Marriage of Convenience". A good way to begin with that would be for you and your spouse to BOTH write up a story, timeline about your relationship and how it began, what your common interests are and basic things of that nature. You will want to read them to one another out loud to be sure it makes sense to each other before sending it to CIC. You don't want the stories to cause more questions than they answer, if you understand what I mean.

The proofs that you have listed are sufficient.

The one question you did not answer from the previous thread was how long has your boyfriend stayed with each visit? You said he has come to the Phillipines twice now. Were they long visits or short visits? Have you both been communicating for a long period of time before his first visit? These are all things you can assume that CIC is going to ask about your application so you should be ready to answer the questions as they arise.

Good luck.

 

[nayra]

Re: Inquiry about my case - Common law or Conjugal sponsorship

A lot of good advice was given in the previous thread.

Conjugal is a difficult category to prove. You need to prove that your lives are joined and that you have legal or immigration barriers that prevent you from either getting married or becoming common-law.

The fact that same-sex marriage is not legal in your country is one barrier, but what is stopping you from traveling to a third country to get married? Can your partner come live with you for 12 months to become common-law? These are things that the visa officer will consider when evaluating your case.

It is always best to apply as common-law or married. Conjugal should be if you have tried all other options, and failed. This is why it is suggested that you apply for a TRV. If you are refused, then it will strengthen your case for conjugal.

As mentioned on the CIC site, there is no minimum income to sponsor a spouse.

The age gap will be a concern for CIC (based on previous appeal files), so make sure you address that. It would be best to show that you have spent a lot of time together. Two short visits may not be enough to prove that your lives are joined and that you are in a "marriage-like relationship".

Thank you so much. i lost my previous thread and i think you know why. A canadian can only stay maximum of 1 year in my country, originally 59 days and he can apply for extention. In that case, he needs to sacrifice his job, his apartment just to stay here for 1 year. No asian country allowed same sex marriage except new zealand which require a visa and lots of money. Its not option for us since we need to save as much money as possible.

 

[nayra]

Re: Inquiry about my case - Common law or Conjugal sponsorship

If you get to Canada and then you and your boyfriend instead marry and become spouses, you will instead need to file a spousal sponsorship application. Canada recognizes same sex marriages, even if your home country does not.

The one question you did not answer from the previous thread was how long has your boyfriend stayed with each visit? You said he has come to the Phillipines twice now. Were they long visits or short visits? Have you both been communicating for a long period of time before his first visit? These are all things you can assume that CIC is going to ask about your application so you should be ready to answer the questions as they arise.

Good luck.

Thank you so much. I lost my previous thread i am hoping to show that to my boyfriend, but i understand the rule and i respect it. I am dyslexic and i have hard time reading or writing stuff, but i am trying my best to read online information, in fact i havent slept yet. Just to answer your question, he stayed here for total of 4 months on both visit.

I will sure file for trv. Thank you for all your help. God bless.

PS

I will try not to sound repetitive because its one symptoms of dyslexia. And if i do please forgive me. Its just painful to know that only few hearted people are willing to help me and some dont understand. Im not stupid or no common sense, im just slow.

 

[Alurra71]

Re: Inquiry about my case - Common law or Conjugal sponsorship

Thank you so much. I lost my previous thread i am hoping to show that to my boyfriend, but i understand the rule and i respect it. I am dyslexic and i have hard time reading or writing stuff, but i am trying my best to read online information, in fact i havent slept yet. Just to answer your question, he stayed here for total of 4 months on both visit.

I will sure file for trv. Thank you for all your help. God bless.

PS

I will try not to sound repetitive because its one symptoms of dyslexia. And if i do please forgive me. Its just painful to know that only few hearted people are willing to help me and some dont understand. Im not stupid or no common sense, im just slow.

I think you're likely none of these things. Take a deep breath, step back and first and fore most get some sleep.

This process is a long journey. It is difficult. It is a pain in the rear end. It is time consuming. It is frustrating. It is so many things, but the most important thing that it is:

WORTH IT.

Take your time, as much time as needed with each and every step of the process. It isn't a race to the finish line and I can certainly understand the desire to want to be with the person you love. YOu can't rush this aspect of it though. If you do, you will cause yourself more heartache and grief than is necessary.

Read and absorb slowly.

I suggest you print off the application sections, and put them all down. Pick up the first page of the 'applicant' package form and read it through. If you don't understand it, read it again and keep repeating that until you do understand. Once you are satisifed that you understand what they want/need from you, get a black in pen and fill it in. Once that is complete, pick up the next page and start the process again. By doing it in this manner, it gives you the chance that YOU need to absorb the information. If there is one thing that everyone here has stressed and will continue to stress to you: Take your time. Read, read it again, read it again to be sure you read it right the first 2 times. Quality is very important here. You must give CIC the information they need to process your application efficiently without having to continue to stop to ask for clarification.

It is good that he has spent that kind of time with you already. This is more proof for CIC that your relationship is true and ongoing. This is something they will require. Make sure your boyfriend keeps up with his plane tickets/stubs and any kinds of receipts he may have from being there with you. These will all help to prove your relationship.

Again, go get some rest. It will be more difficult for you to understand if you aren't well rested.

 

[nayra]

Re: Inquiry about my case - Common law or Conjugal sponsorship

I think you're likely none of these things. Take a deep breath, step back and first and fore most get some sleep.

This process is a long journey. It is difficult. It is a pain in the rear end. It is time consuming. It is frustrating. It is so many things, but the most important thing that it is:

WORTH IT.

Take your time, as much time as needed with each and every step of the process. It isn't a race to the finish line and I can certainly understand the desire to want to be with the person you love. YOu can't rush this aspect of it though. If you do, you will cause yourself more heartache and grief than is necessary.

Read and absorb slowly.

I suggest you print off the application sections, and put them all down. Pick up the first page of the 'applicant' package form and read it through. If you don't understand it, read it again and keep repeating that until you do understand. Once you are satisifed that you understand what they want/need from you, get a black in pen and fill it in. Once that is complete, pick up the next page and start the process again. By doing it in this manner, it gives you the chance that YOU need to absorb the information. If there is one thing that everyone here has stressed and will continue to stress to you: Take your time. Read, read it again, read it again to be sure you read it right the first 2 times. Quality is very important here. You must give CIC the information they need to process your application efficiently without having to continue to stop to ask for clarification.

It is good that he has spent that kind of time with you already. This is more proof for CIC that your relationship is true and ongoing. This is something they will require. Make sure your boyfriend keeps up with his plane tickets/stubs and any kinds of receipts he may have from being there with you. These will all help to prove your relationship.

Again, go get some rest. It will be more difficult for you to understand if you aren't well rested.

I think you are right, i should be going to bed now. Im am teary eyed now because it sounded that you truly care and understand me. Who ever you are, i cant thank you enough. May God bless you.

 

[nayra]

Re: Inquiry about my case - Common law or Conjugal sponsorship

In terms of presenting evidence to CIC, is it important to do screenshot of the skype conversation each and after we talk or is it ok to do copy paste everything and put it in a note pad?


I've done some research today, is its important to chose only emails that is the best like discussing future plan, daily conversation, etc. there are some emails we have emails discussing future immigration plans can i include that in the evidence or not?

 

[nayra]

Any ideas or nice comments are most welcome. thanks

 

[MilesAway]

Re: Inquiry about my case - Common law or Conjugal sponsorship

Thank you so much. i lost my previous thread and i think you know why. A canadian can only stay maximum of 1 year in my country, originally 59 days and he can apply for extention. In that case, he needs to sacrifice his job, his apartment just to stay here for 1 year. No asian country allowed same sex marriage except new zealand which require a visa and lots of money. Its not option for us since we need to save as much money as possible.

If he is unwilling to sacrifice his job and apartment to become common-law, that is not a valid excuse for CIC. He needs to be legally unable to live there long-term, and it sounds like he doesn't want to.

It is your choice. My wife and I flew to a third country to get married. It was also really expensive and required a visa, but we were dedicated enough to do that. I also quit my job in Canada to move to be with her, in a country where our relationship is essentially illegal.

Print off the forms. Ask your partner to print off the forms. Then when you're on Skype together, go through them. One form/one page at a time. You will have two sets of eyes, to help you get what you missed, and maybe you can help him with something he misses.

I've heard mixed things about including e-mails where you are discussing immigration plans. Some say that it makes the relationship look fake since it seems that you are only concerned about coming to Canada. So, it's your choice.

 

[scylla]

Re: Inquiry about my case - Common law or Conjugal sponsorship

In terms of presenting evidence to CIC, is it important to do screenshot of the skype conversation each and after we talk or is it ok to do copy paste everything and put it in a note pad?

Screenshots. Don't copy and paste. If you copy and paste you can edit the messages or make things up and CIC knows this.

 

[nayra]

Screenshots. Don't copy and paste. If you copy and paste you can edit the messages or make things up and CIC knows this.

Thank you for clarifying that.

 

[nayra]

Other than our age differences, what other factors will affect our case in CIC point of view? How about my gender? we have no huge savings.

 

[scylla]

Other than our age differences, what other factors will affect our case in CIC point of view? How about my gender? we have no huge savings.

As already mentioned in the original thread, the fact you are transgendered could be a red flag. Your boyfriend needs to explain your relationship in a letter and acknowledge the fact you are transgendered.

 

[nayra]

As already mentioned in the original thread, the fact you are transgendered could be a red flag. Your boyfriend needs to explain your relationship in a letter and acknowledge the fact you are transgendered.

Okay thanks. I am planning to buy a condominium in manila with our name on it and i am also planning to open a small business like a salon or a retail business with our name on the business permit.

I was told that we can also attend seminars like marriage counseling, orphanage, volunteers for humanitarian purposes or any group in equivalent that can acknowledge that we are partners. We can get certificates from them or notice of attendance.

Is there any thing more you can suggest?