Gay couple seeking advice

[nobdepot]

Hello, we are a gay couple who wishes to seek advice about immigrating to Canada.  Our situation is a bit complicated; I was brought here to the US legally from the Philippines at the age of 5.  However, when my family's visa expired, we did not return to the Philippines and therefore I have been living in the US illegally ever since (I am currently 22).  Because of this, I am not allowed to work or even go to college in the US. The common advice that I was given was to immigrate to Canada.  My partner is a legal US citizen and we have been together for about a year.  So the question is, is it possible for a gay couple to immigrate legally to Canada even though I am not a US citizen?  Can anyone point us in the direction of where we can obtain more information regarding immigration.

I really hope my partner and I can start a normal and safe life in Canada.

Thank you.

[TaaDow]

You would not likely be able to immigrate to Canada from the US since you are there illegally. You will have to return and attempt to immigrate through the Philippines.

In order to apply through a visa office other than that of your nationality, you must have been residing in that country LEGALLY for a period of 1 year or more.

I suggest you go home to the Philippines and try to do legally what your family failed to do when you were a child.

Or perhaps look into ways of making your stay in the US legal.

[PMM]

Hi

You would not likely be able to immigrate to Canada from the US since you are there illegally. You will have to return and attempt to immigrate through the Philippines.

In order to apply through a visa office other than that of your nationality, you must have been residing in that country LEGALLY for a period of 1 year or more.

I suggest you go home to the Philippines and try to do legally what your family failed to do when you were a child.

Or perhaps look into ways of making your stay in the US legal.

If s/he was admitted to the US legally for 1 year, 17 years ago, then s/he can apply through Buffalo.  You don't require legal status to apply, you just have to have been admitted for 1 year.

PMM

[thaiguy]

nobdepot:

Yes, you can apply to immigrate as a gay couple as long as
1) your partner qualifies to immigrate (skilled worker?), and
2) you meet the definition of common-law partners.

Here's the self-assessment test for skilled workers:
http://www.cic.gc.ca/english/immigrate/skilled/assess/index.asp

Here's the definition of common-law partners:
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#common_law

As to where you must apply, PMM is right that if you were admitted to the U.S. for at least a 1 year period (i.e., not on a tourist visa), then you can apply from the U.S. through the Buffalo, NY office.  It doesn't matter that you overstayed your visa as long as your original, legal entry was for at least 1 year.

If you were not originally admitted to the U.S. for at least 1 year, then you must go back to the Philippines to apply.

Good luck.