"Visitor's Visa To H&C Perm. Resident Application"

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carlyf Click to EMail carlyfClick to check IP address of the poster 30-Oct-00, 05:13 PM (GMT)
"Visitor's Visa To H&C Perm. Resident Application"
Hi,

My partner is a female from Montreal. I am also female and from Louisiana. I am considering immigration for Canada and wanted to know if it's possible for me to go to Canada under a visitor's visa and apply from within Canada (since I believe that's the only way to do this app) under a Humanitarian and Compassionate Grounds application. I've heard that since we are a same-sex couple that we are virtually guaranteed success under this application as long as we can establish the authenticity of our relationship. I"ve also read on your site about dual intent, so I'm trying to ascertain whether or not this is a viable option for us.

I've been to Canada on two separate occasions under a visitor's visa - once for 5 months and once for 15 months . The second visa was issued by the port director at Lacolle after a meeting with him to discuss our situation. At that time, I had a job in Champlain, NY and was commuting to and from Montreal.

My partner and I have been together for 3 1/2 years and have spent time back and forth between Canada and the US with one of us as a visitor. This has resulted in one or the other of us not being able to work and has brought great hardship on our relationship since the "visiting" partner had no access to work, health care, etc. in the other's country.

I am an independent web designer and have been supporting myself (and my partner) entirely by these means since March of 2000. Upon entering Canada (as a PR not a visitor - of course!) I intend to continue working from home in this capacity.

I am also unsure (if I decide to apply from here rather than going the visitor's visa to H&C app route) whether I'm required to apply as an independent or entrepreneur since I am self-employed.

Can you offer any direction in these matters?

Thanks in advance.

Carly Franklin

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RE: Visitor's Visa To H&C Perm. Resident Applicati..., dcohen, 02-Nov-00, (1)

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dcohen Click to EMail dcohenClick to view user profileClick to check IP address of the poster 02-Nov-00, 10:35 PM (GMT)
1. "RE: Visitor's Visa To H&C Perm. Resident Application"
Canada's immigration laws do not presently account for the possibility of a same-sex or common-law spouse. The Immigration Department, however, does recognize that such unions exist, and have implemented policies which may allow for immigration on the basis of such.

Initially such applicants are considered in independent categories. If the applicant does not meet the requirements of such, then Humanitarian and Compassionate grounds are considered. In the latter case, documentation or other corroboration of the relationship is critical, as you mention.

It is not necessarily the case that such applications must be processed from within Canada, although your presence therein may facilitate the evidence of the relationship.

There does exist a self employed program for applicants with prior experience as such.
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Campbell,Cohen - attorneys at law
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