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Author Topic: 1st post!...same-gender immigration question  (Read 723 times)
voypaCA
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Posts: 1


« on: August 11, 2008, 12:50:13 pm »

Hello!

    I am a skilled worker looking to move to Canada.  I am a US citizen from Seattle.  I am sure I can, through the steps, immigrate to Canada and become a permanent resident.  The concern is my partner.
    He is gay (moot I guess) and while he has lived for many years in the US, he is undocumented there.  I am wondering the best way that we move together and start our life in Canada (most likly BC).  I've heard about a permanent resident of CA sponsoring his spouse/common-law partner.  The thing is, I'm obviously not a permanent resident yet.  We have lived over a year together which fulfills the common-law requirement, but the proof of that might be hard since he is illegal and many things have been on-the-down-low.
    My partner has a passport from his country and can apply for a visa to enter CA..but he would be entering from the US, where he is illegal.
    The other option I was thinking was to get married in California and then go to Canada.  But now I am thinking, how does that help if he's still illegal here in the US.  If the common-law thing worked, we would do that because we would rather marry in Canada where our family could come and attend.  Any ideas?  For myself, I am soon ready to start the process for my immigration....I just don't want to make a mistake a long the way that could irreparably damage HIS immigration.
     Thanks so much!!!

Zach
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PMM
VIP Member
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Posts: 6587


« Reply #1 on: August 11, 2008, 02:57:38 pm »


Hi
Hello!

    I am a skilled worker looking to move to Canada.  I am a US citizen from Seattle.  I am sure I can, through the steps, immigrate to Canada and become a permanent resident.  The concern is my partner.
    He is gay (moot I guess) and while he has lived for many years in the US, he is undocumented there.  I am wondering the best way that we move together and start our life in Canada (most likly BC).  I've heard about a permanent resident of CA sponsoring his spouse/common-law partner.  The thing is, I'm obviously not a permanent resident yet.  We have lived over a year together which fulfills the common-law requirement, but the proof of that might be hard since he is illegal and many things have been on-the-down-low.
    My partner has a passport from his country and can apply for a visa to enter CA..but he would be entering from the US, where he is illegal.
    The other option I was thinking was to get married in California and then go to Canada.  But now I am thinking, how does that help if he's still illegal here in the US.  If the common-law thing worked, we would do that because we would rather marry in Canada where our family could come and attend.  Any ideas?  For myself, I am soon ready to start the process for my immigration....I just don't want to make a mistake a long the way that could irreparably damage HIS immigration.
     Thanks so much!!!

Zach

Include him/her as your spouse on the application, no big deal.  If you meet the C/law requirements and can prove it, you don't have to marry.

PMM
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Leon
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Gender: Male
Posts: 5997


« Reply #2 on: August 11, 2008, 05:22:53 pm »

Somebody please correct me if I am wrong but I think if you do a PNP and come in on a temp work permit leading to PR status, you can apply for a spouse work permit for your partner at the same time and he can come with you.  It is faster than applying for a skilled worker without a job offer where you'd have to wait forever to get your PR, come here without a job and sponsor your partner to join you later.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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