undeclared same sex relationship

[killian02]

hi guys, i just came here last november, and i was really surprised that they support same sex marriage here. until I've done my research.
The problem now is, i have a same sex partner in the Philippines and we lived for 2 years in the same house until i moved here in canada. her address in her id's are the same mailing address as mine. we still have our communication.
anyone can help me? because i did not declare her as a partner because I am not sure since my country does not support same sex relationship.
what should I do? I really need to sponsor her after 2 years, anyone please. I am losing my hope.

 

[zardoz]

hi guys, i just came here last november, and i was really surprised that they support same sex marriage here. until I've done my research.
The problem now is, i have a same sex partner in the Philippines and we lived for 2 years in the same house until i moved here in canada. her address in her id's are the same mailing address as mine. we still have our communication.
anyone can help me? because i did not declare her as a partner because I am not sure since my country does not support same sex relationship.
what should I do? I really need to sponsor her after 2 years, anyone please. I am losing my hope.

Are you now a permanent resident, or just applying still?

 

[killian02]

I just moved here last november 25 2016, i still don't have my pr card. i am still waiting for it.

i am really confused, and i don't really know if my relationship with my partner count as common or conjugal.

we've been leaving back in the philippines for two years and we still have our communication right now.


what should i do?

 

[killian02]

i just did not declare my same sex partner, since my country does not acknowledge it.
i thought it was the right thing to do.
and since my brother was the one checking my forms i thought that it was all good.
though they did not know my relationship with my partner. cause catholic religion forbids it, we casually taking everything slow, until i got here everything seems so blurry, i dont even know what to do.

 

[zardoz]

i just did not declare my same sex partner, since my country does not acknowledge it.
i thought it was the right thing to do.
and since my brother was the one checking my forms i thought that it was all good.
though they did not know my relationship with my partner. cause catholic religion forbids it, we casually taking everything slow, until i got here everything seems so blurry, i dont even know what to do.

I think that you would have a very difficult task persuading IRCC that it was not common-law. Therefore, any sponsorship application is likely to be refused under IRPR 117(9)(d) because your partner was not declared and is not a member of the Family Class.

http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-117.html

It's irrelevant what your country acknowledges. It's based on the IRCC definition. Time to call in the professionals and talk to an immigration lawyer.

 

[killian02]

will there be any lightest hope?

 

[killian02]

can i just marry her in a country that support same sex marriage then file a petition and then sponsor her?

 

[zardoz]

will there be any lightest hope?

Only if IRCC accepts that you were not in a common-law relationship. The onus is on you to prepare for this, if in fact you were not "living together". You need to lawyer-up...

 

[killian02]

what should i do?

we've been leaving under 1 roof for the whole two years.

should i lie?

 

[killian02]

can i just marry her in a country that supports same sex marriage then file a petition?

 

[killian02]

by the way i was the only one that pays the bill we dont have any joint account only that her voters id was addressed in our house.

 

[zardoz]

what should i do?

we've been leaving under 1 roof for the whole two years.

should i lie?

Absolutely not.. Misrepresentation (lying) is treated very seriously. Your options are limited and working with a professional is your best way forward. We can make suggestions here but they are very limited in scope. Example : your partner can apply as an economic migrant, if eligible or you can renounce your PR status and then reapply as a couple from scratch.

 

[killian02]

thank you so much.

i will do my best about it and asked a lawyer on what to do.

 

[Baanayaad]

I don't think it is in any way prudent to renounce your PR status. Just talk to a lawyer and hear what they have to say. Also, visit an LGBT support organisation and tell them the circumstances of your situation. DO NOT RENOUNCE YOUR PR. PLEASE. Thats another head ache you do not want.

Do not lie to CIC and dig yourself a bigger hole. Canada is a gay friendly country; there may be other options to get her here.

 

[zardoz]

I don't think it is in any way prudent to renounce your PR status. Just talk to a lawyer and hear what they have to say. Also, visit an LGBT support organisation and tell them the circumstances of your situation. DO NOT RENOUNCE YOUR PR. PLEASE. Thats another head ache you do not want.

Do not lie to CIC and dig yourself a bigger hole. Canada is a gay friendly country; there may be other options to get her here.

It's nothing to do with lifestyle. It would be an identical application of IRPR 117(9)(d) if it was a "straight" couple. It's to do with the lack of declaration and subsequent failure to be examined. We see this in the forum quite often and it rarely ends well.