undeclared same sex relationship

[Lasgidi007]

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.

1. Based on your circumstances and the details you have provided here, it seems you can sponsor your partner ONLY AFTER marrying her. That would of course also be after you have become a PR. You would need to marry her in a country where same-sex marriage is legal. Marriages performed in such a country also have to be deemed legal in Canada. This is not a difficult thing to do. There are many countries where the two of you need no visas/can easily get visas to go to in order to get married.

2. Because you have no joint financial assets, property or purchases, you can't sponsor her as a conjugal or common-law partner. Having letters/voter's cards with the same address is not enough. You need to prove that your relationship is not only physical but that you're also interdependent on each other in other ways.

3. You don't need a lawyer, you just need to be able to find freely available accurate information on the Internet. A quick Google search could have easily turned up results such as this http://settlement.org/ontario/immigration-citizenship/sponsorship/sponsorship-basics/can-i-sponsor-my-same-sex-spouse-common-law-or-conjugal-partner/ and this http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

4. Be wary of people like the fellow Zardoz who did not only provide completely inaccurate information and advice but went as far as suggesting renouncing your PR status.

5. Whatever you do, don't ever lie to the Government of Canada. Good luck!

 

[Lasgidi007]

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.

IRCC does not refuse applications because applicants did not declare a common-law or conjugal partner. A spouse, yes. But not a common-law or conjugal partner. And it is not very hard to see why this is so.

 

[zardoz]

IRCC does not refuse applications because applicants did not declare a common-law or conjugal partner. A spouse, yes. But not a common-law or conjugal partner. And it is not very hard to see why this is so.

You are talking complete nonsense. IRCC treat common-law exactly the same as married for the purposes of IRPR 117(9)(d) and exclusion from the Family Class. In the case of this thread, common-law is the subject and NOT conjugal.

 

[Lasgidi007]

You are talking complete nonsense. IRCC treat common-law exactly the same as married for the purposes of IRPR 117(9)(d) and exclusion from the Family Class. In the case of this thread, common-law is the subject and NOT conjugal.

Thanks for the compliment! Instead of hiding under your repeated but irrelevant quote of IRPR 117(9)(d), can you at least make a lucid point? Or can you at the very least admit that advising the OP to renounce her PR status (when she becomes a PR) and make a fresh application in order to bring her partner here is flawed?

The OP did not include a conjugal/common-law partner in her PR application. She stated that her partner was not mentioned anywhere in her application. So, as of this material time, IRCC does not know of her relationship with the said partner. Do you at least agree with that? If you do, then why is it difficult to see that if the OP obtains her PR and then goes ahead to marry the partner AFTER obtaining her PR, that she can apply for the partner to join her through the Spousal Reunion/Family Class path? Your logic seems to suggest that if you're in a romantic relationship with someone (NOT marriage), you must mention that relationship to IRCC otherwise you won't be able to sponsor that person through the Family Class in the future. Do you know how many PR applicants who don't mention their girlfriends/boyfriends in their application? How can IRCC penalize anyone for not mentioning a conjugal/common-law partner given that half of the time, people don't even know which direction their romantic relationship is headed? Do you realize how ridiculous it would be if people are obligated to include every individual they're in a romantic relationship with in their application? And how staggeringly ridiculous and inefficient it would make the system if people come back a few months down the line to say they broke up with their partner? C'mon man! There's a huge difference between a marriage (a legal liaison) and a conjugal partnership. Keep in mind that common-law relationships while a legal liaison recognized by statutory legislation in Canada, does not enjoy a similar status in many other countries. It would be a totally different ball game altogether if the OP was married and has concealed her marriage to IRCC.


Just for the sake of argument, the OP can get married today to her partner if her application is already at the CIC stage (I'm assuming she applied through a PNP stream since she mentioned that her relatives sponsored her application) and then add add the partner to her application and still have her PR application approved. I wouldn't advise her to do that though because I'd want her to avoid complicating her application.

 

[zardoz]

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?

I asked the OP if they were already a PR. The response indicated that the OP had already landed and was just waiting for the PR card to arrive. EVERYTHING I stated is based on that response.

 

[canuck_in_uk]

Thanks for the compliment! Instead of hiding under your repeated but irrelevant quote of IRPR 117(9)(d), can you at least make a lucid point? Or can you at the very least admit that advising the OP to renounce her PR status (when she becomes a PR) and make a fresh application in order to bring her partner here is flawed?

If you do, then why is it difficult to see that if the OP obtains her PR and then goes ahead to marry the partner AFTER obtaining her PR, that she can apply for the partner to join her through the Spousal Reunion/Family Class path?

Your logic seems to suggest that if you're in a romantic relationship with someone (NOT marriage), you must mention that relationship to IRCC otherwise you won't be able to sponsor that person through the Family Class in the future.

Do you know how many PR applicants who don't mention their girlfriends/boyfriends in their application?

How can IRCC penalize anyone for not mentioning a conjugal/common-law partner given that half of the time, people don't even know which direction their romantic relationship is headed? Do you realize how ridiculous it would be if people are obligated to include every individual they're in a romantic relationship with in their application?

Keep in mind that common-law relationships while a legal liaison recognized by statutory legislation in Canada, does not enjoy a similar status in many other countries.

Just for the sake of argument, the OP can get married today to her partner if her application is already at the CIC stage (I'm assuming she applied through a PNP stream since she mentioned that her relatives sponsored her application) and then add add the partner to her application and still have her PR application approved. I wouldn't advise her to do that though because I'd want her to avoid complicating her application.

Zardoz is correct and you have no clue what you are talking about. Calling R117(9)(d) irrelevant? Do you even know what the regulation is and why it exists? Advising the OP to renounce status and reapply with their spouse included is not flawed.

The common-law partner is STILL EXCLUDED from the Family Class, even if they marry, because they were common-law before OP landed. They would need to commit misrepresentation.

No, people aren't required to report romantic relationships unless they are actually common-law.

Girlfriends/boyfriends don't need to be mentioned. Common-law partners DO need to be included.

If they have been living together for a year, it's a pretty serious relationship.

It doesn't matter if other countries consider common-law as a legal status or not. This is Canada.

OP is waiting for their PR card, indicating that they have already landed and so cannot add their partner to their app.

 

[Baanayaad]

Zardoz is correct and you have no clue what you are talking about. Calling R117(9)(d) irrelevant? Do you even know what the regulation is and why it exists? Advising the OP to renounce status and reapply with their spouse included is not flawed.

The common-law partner is STILL EXCLUDED from the Family Class, even if they marry, because they were common-law before OP landed. They would need to commit misrepresentation.

No, people aren't required to report romantic relationships unless they are actually common-law.

Girlfriends/boyfriends don't need to be mentioned. Common-law partners DO need to be included.

If they have been living together for a year, it's a pretty serious relationship.

It doesn't matter if other countries consider common-law as a legal status or not. This is Canada.

OP is waiting for their PR card, indicating that they have already landed and so cannot add their partner to their app.

Like I said in my other post, there are other options for her girlfrend to come to Canada. For instance, given that they are from a country that openly discriminates and persecutes gay people, or if being a homosexual is illegal in their country, they can seek refuge here in Canada. This is why I encourage her to visit LGBT support groups in her city that are more qualified than yourselves to give her advice on what to do next. She would have a strong case as being pre-conditioned to hide her sexuality.

The family class is NOT the only method for her loved one to apply for permanent residence, therefore callously and inconsiderately suggesting to her to renounce her permanent residency is the most outrageous thing I have ever read on this board.

Thankfully, she won't take your advice. Only a mad person would.

 

[canuck_in_uk]

Like I said in my other post, there are other options for her girlfrend to come to Canada. For instance, given that they are from a country that openly discriminates and persecutes gay people, or if being a homosexual is illegal in their country, they can seek refuge here in Canada. This is why I encourage her to visit LGBT support groups in her city that are more qualified than yourselves to give her advice on what to do next. She would have a strong case as being pre-conditioned to hide her sexuality.

The family class is NOT the only method for her loved one to apply for permanent residence, therefore callously and inconsiderately suggesting to her to renounce her permanent residency is the most outrageous thing I have ever read on this board.

Thankfully, she won't take your advice. Only a mad person would.

"Seek refuge" in Canada? OP and partner are from the Philippines, so no chance of a refugee application being successful.

Don't know where you get "callous and inconsiderate" from. The advice to renounce and reapply is very applicable if the undeclared partner cannot qualify to immigrate independently. If you care to read through other threads regarding this same topic, you will find this option has been discussed many times.

 

[zardoz]

Like I said in my other post, there are other options for her girlfrend to come to Canada. For instance, given that they are from a country that openly discriminates and persecutes gay people, or if being a homosexual is illegal in their country, they can seek refuge here in Canada. This is why I encourage her to visit LGBT support groups in her city that are more qualified than yourselves to give her advice on what to do next. She would have a strong case as being pre-conditioned to hide her sexuality.

The family class is NOT the only method for her loved one to apply for permanent residence, therefore callously and inconsiderately suggesting to her to renounce her permanent residency is the most outrageous thing I have ever read on this board.

Thankfully, she won't take your advice. Only a mad person would.

https://en.wikipedia.org/wiki/LGBT_rights_in_the_Philippines

The Philippines is ranked as one of the most gay-friendly nations in the world, and the most LGBT friendly in Asia.[2] The country ranked as the 10th most gay-friendly in a global survey covering 39 countries, in which only 17 had majorities accepting homosexuality. Titled "The Global Divide on Homosexuality," the survey conducted by the Pew Research Center showed that 73 percent of adult Filipinos agreed with the statement that "homosexuality should be accepted by society," up by nine percentage points from 64 percent in 2002.[2]

 

[killian02]

Hello!!!

i think everyone got intense in here..

let me explain my relationship with her..

as i've said before we did live together for 2 years.. she's a still a student and 20 years old.

we dont have any joint accounts.. we are actually in a romantic relationship, and just so happen that she needs to stay with me at our house since she's still studying.

so, are we really under a common law or in a conjugal?

in any case, i'll try to have another options about this...

and if ever that the same sex marriage in the philippines got an approval, can i come home and marry her instead?