conjugal partner, same sex relationship

[super11]

Hello,

I am interested in moving to Canada, my girlfriend is Canadian and we've been in a relationship for over a year. It is a same sex relationship and we are both very serious with each other. We cannot legally marry in the US because gay marriage isn't recognized in my state. I suppose I could marry her in Canada but it seems like a long process since I wouldn't be allowed to basically work for a year. Plus, I don't think either of us want to get married just for me to gain citizenship. I am nineteen years old and work for an international corporation so I could easily transfer within my company. I don't really hold any outstanding degrees to qualify as a skilled worker. I do have grandparents in Quebec but the process time for grandparents/grandchild means I can't even apply for two years. I'm really wondering what is my best bet to go about gaining permanent residency there. Living there and not working doesn't sound too appealing to either of us to be honest.

Would it make sense just to marry her, and continue to live and work in the states then transfer over when I can legally work in Canada?

Should I apply for a temporary work permit and work in Canada to gain job experience? Then live with her for a year or so to be "common-law partners", then apply for a PR card?

I am just really unsure of what my best bet to gain permanent residency there is? I love Canada and probably have more Canadian pride then American, since I have roots there and have visited numerous times, plus have fallen for the country. Unfortunately my dad never had citizenship and neither do my grandparents so I am not a citizen.

[CharlieD10]

You're young enough to qualify for a working holiday visa, why don't you look into that?  It would allow you to work and be resident in Canada.  You could then look into qualifying with your partner as common-law after a year's cohabitation.

Or, if you are ready to accept the challenges of being a sponsor and sponsored spouse, then you can get married and she can apply to sponsor you Outland which allows you to remain in the US and work while the application in process.  Additionally, as an American you are visa-exempt, so you may visit as your circumstances permit.

It is a HUGE responsibility to sponsor someone, and to be a sponsored spouse.  Regardless of what happens, she will be responsible for meeting your basic needs for 3 years following your approval for PR.  It's not something to be entered into lightly, much like marriage. 

[super11]

If I were to get a holiday visa, I am assuming it would be for a period of one year? But, if that is the case, do I not have to wait for the processing time of about a whole other year for it to finally go through? In that period of time, I doubt I'd still be able to work, or can I renew my holiday visa?

Plus, my girlfriend just informed me that being common law partners is pretty much the same thing as being married...in the end it seems like getting married is the simplest way to go about it.

[PMM]

Hi

If I were to get a holiday visa, I am assuming it would be for a period of one year? But, if that is the case, do I not have to wait for the processing time of about a whole other year for it to finally go through? In that period of time, I doubt I'd still be able to work, or can I renew my holiday visa?

Plus, my girlfriend just informed me that being common law partners is pretty much the same thing as being married...in the end it seems like getting married is the simplest way to go about it.

There is no IEC (WHV) for US citizens to work in Canada.  There is a SWAP (Students working abroad) but it is only for students.

[Serendipity]

Hello,

I am interested in moving to Canada, my girlfriend is Canadian and we've been in a relationship for over a year. It is a same sex relationship and we are both very serious with each other. We cannot legally marry in the US because gay marriage isn't recognized in my state. I suppose I could marry her in Canada but it seems like a long process since I wouldn't be allowed to basically work for a year. Plus, I don't think either of us want to get married just for me to gain citizenship. I am nineteen years old and work for an international corporation so I could easily transfer within my company. I don't really hold any outstanding degrees to qualify as a skilled worker. I do have grandparents in Quebec but the process time for grandparents/grandchild means I can't even apply for two years. I'm really wondering what is my best bet to go about gaining permanent residency there. Living there and not working doesn't sound too appealing to either of us to be honest.

Would it make sense just to marry her, and continue to live and work in the states then transfer over when I can legally work in Canada?

Should I apply for a temporary work permit and work in Canada to gain job experience? Then live with her for a year or so to be "common-law partners", then apply for a PR card?

I am just really unsure of what my best bet to gain permanent residency there is? I love Canada and probably have more Canadian pride then American, since I have roots there and have visited numerous times, plus have fallen for the country. Unfortunately my dad never had citizenship and neither do my grandparents so I am not a citizen.

Dear Super11,


According to your post, there is a chance that your company could transfer you to their Canadian subsidiary, provided that you are eligible to work in the country. If that is the case, and depending on the specifics of your current job,  professional qualifications and work experience, you could be eligible to live and work in Canada under NAFTA (Chapter 16) as an intra-company transferee.   This type of temporary worker still requires a work permit - which may be obtained EXTREMELY quickly if the applicant is eligible, -  that is LMO exempt. This option is open to Executive, Senior Managerial, or people in a Specialized Knowledge capacity. Given your young age, the latter could be the one for you, once again, depending on your line of work and expertise. (http://www.cic.gc.ca/english/work/special-business.asp#nafta)

Another option that you may want to consider is for your Canadian partner to move to the US under NAFTA as a TN visa holder. For qualified applicants the issuance of their TN Visa and EAD (Employment Authorization Document) can be done extremely quickly at any US POE.  (However, there is not enough info here to comment on your partner`s potential eligibility).

As a US citizen you may want to learn more about the many and tremendous advantages given by NAFTA, which are commonly unknown by people from non NAFTA country members. (This explains why you will not find a lot of info about it in this type of forums). Also, in spite of the fact that this is one of the fastest, easiest and most straight forward alternatives for people to move from Canada to the US and vice versa, applicants usually require the help of trained professionals to prepare their applications. (By the way, Mexico is part of the same treaty, but nationals from this country must fulfill additional requirements).

If marriage is the way to go, and as CharlieD10 suggests, the two of you may want to consider the Outland option.  The good news about it is that you could visit periodically your partner in Canada while the application is processed, without having to suddenly abandon your life in the US.  (This is what is called Dual Intent, where it is perfectly feasible for you to enter Canada as a visitor while having a PR pending application, as long a you leave the country at the end of your visit). (http://www.cic.gc.ca/english/information/applications/famcls.asp)

Outland application processing time, Buffalo - United States: 11 months. Inland application processing time, any nationality: Fist Stage of Approval, 10 to 11 months. Second Stage of Approval, anything between 3 to 9 months (usually longer if an interview is required at a local office before AIP).


Good luck  


S.

[GetUsHome]

We are same sex and doing common-law. We live together in the US. Has been a giant pain with our VO. I am seconds away from sending her a sex tape.

That being said 19 is young to marry but that is your choice. I think your idea to marry her, and continue to live and work in the states then transfer over when you can legally work in Canada sounds the most painless.

[Aperture]

If I were to get a holiday visa, I am assuming it would be for a period of one year? But, if that is the case, do I not have to wait for the processing time of about a whole other year for it to finally go through? In that period of time, I doubt I'd still be able to work, or can I renew my holiday visa?

Plus, my girlfriend just informed me that being common law partners is pretty much the same thing as being married...in the end it seems like getting married is the simplest way to go about it.

As mentioned by another poster, as a US citizen, you cannot get a working holiday visa for Canada.  If you have another citizenship, however, you may be able to use it to get a WHV.

Just a quick correction: Please know that when you are filling out any forms, you probably do *not* qualify as conjugal partners in Canada (as mentioned in your thread title).  While the US has some pretty backwards laws about same-sex couples (UGH), they could not be said to be preventing you from living together.  Therefore, you'd likely only count as a common-law or married couple (depending which of the two routes you choose).

If you can afford not to work, you are certainly allowed to stay in Canada as a visitor (generally you are only given 6 months at a time, but you can always ask for an extension or leave the country and come back to start another 6 months).  If your company has telecommuting options, that might be a good way to maintain some kind of an income, satisfy the common-law 12-month cohabitation requirement and still get to enjoy living in Canada.  Alternatively, you could live together in the US for some/all of the required 12 months.  (The 12 months must be consecutive, but they don't need to be in any one country.)

Common-law partnership in Canada is very similar to being married.  Common-law partnership in the US varies from state to state.  Many US states don't recognise it, so you should be aware that your legal rights and obligations as a married couple might be very different than if you were simply cohabiting (you'd also need to figure out if your state recognises same-sex marriages).  It's obviously not fun or romantic to think about, but you'll need to consider if/how a break-up somewhere down the line might financially, emotionally, and practically impact you if you were cohabiting versus if you got married.

I wish you luck with figuring this all out!

[Serendipity]

We are same sex and doing common-law. We live together in the US. Has been a giant pain with our VO. I am seconds away from sending her a sex tape.

     Hahaha...Come to think of it, that may just be a great idea!!!  (However, make sure that you file a copyright registration of the material  )

[GetUsHome]

I really don't know what else we can do. She has everything except this.

     Hahaha...Come to think of it, that may just be a great idea!!!  (However, make sure that you file a copyright registration of the material  )

[bukayo]

need help!!! im a filipino citizen and separated for 8 years but not yet annulled because my ex-wife won't cooperate. what are my options going to canada? i have a girlfriend in manitoba, we have been together for 7 years now. all your suggestions are welcome....tia.