Help and advice for same sex partner sponsorship (US citizen to Canada)

[tuckers]

First off I would like to thank you all ahead of time for any advice or help you can provide.
The Story:

My same sex partner lives in the US and we have been together for about a year. It has been difficult and we have decided to move him up here to be with me in Canada (Alberta).  He is an artist and has his own registered US Corporation. We have not lived together for a year and do not qualify for either conjugal partner, or common law partner status. We are however planning to be married and I plan on sponsoring him for permanent residence status (I do qualify income wise). For what I gather he can stay in Canada as a visitor for 6 months and then extend that for one year (Is this correct?). The application takes about a year to process I was told (which is ridiculous but what ever), so he could essentially stay here and not work while the application process runs it' course?
I wonder if there is anyone out there who has done this before I could connect with? The issue we are having is getting all his stuff up here to Canada from the US. We were planning on driving up, but I was told that the truck full of stuff shows intent to stay. Any ideas on how we should handle this? Also are there other options open to us? It might be beneficial for him to able to work while he is up here waiting for residency. Are there any other options open to us?

While I have scoured the immigration site I really wanted to gain some information from people who have done this, or have had experience with a similar situation.

[Leon]

Ok, first off, you are not allowed to use the word s.e.x on here.  Bad word.  You need to say same*gender*partner

Apart from that, there are two types of sponsorship applications for spouse, inland and outland.

With inland, you would both have to be in Canada, your partner should preferably stay in Canada during the duration of the processing which may take 1-2 years to get PR with but 5-6 months first stage approval and work permit if all goes well.  The problem with inland is that if they want an interview because they are not convinced of your relationship or something else, they would send your file to your local office without the first stage approval and depending on their caseload, your partner could be waiting for them to have time for an interview for 1-3 years, stuck in Canada without a work permit.

With outland, your partner could be with you in Canada or could be in the US or could be travelling between the two on a regular basis, doesn't really matter.  It would take about 7 weeks to approve you as a sponsor.  Then the file is sent to the US for processing and takes another 4-9 months there, the average is 5.  At that point, your partner would get PR, there is no work permit for outland.  The downside is that if they want an interview, your partner would have to go to the US for it.

Bringing a truck full of stuff on a visit visa is normally not a good idea.  Could you drive it across and say it's yours and your partner comes separately?  A visit visa is normally good for 6 months, that is true.  If you are still waiting after 5, you can apply for an extension.  As for what your partner is doing in Canada while waiting, it's allowed to take courses of 6 months or shorter on a visit visa.  Just an idea.

[tuckers]

Leon,


Thanks so much for your reply, and sorry for the use of the S word. So are you saying that if we process the application inland that he can apply for a work permit? I thought he would need an offer of employment form a company first? The ideal situation would be that he stays here in Canada with my while his PR status is processed. He does have ties to his home gallery in the US so he would have income. What I am trying to say is that if he cannot work that is fine I can support us both and he will have sales at his home gallery.

As far as moving his stuff, that was the idea. I could drive it up myself and meet him in Canada. But wont they wonder where I got all this stuff? I am worried they might seize it. Any suggestions?


Again, thank you so much for your assistance.

D

[Leon]

For inland application if he gets first stage approval, he would qualify for an open work permit but don't fixate on the work permit.  Also look at where I said that if there is a problem and they want an interview, he will not get this first stage approval, instead the file is sent to local office to get an interview.  Getting the interview may take 1-3 years and during that time, no work permit and no health care and no leaving Canada.

I would rather recommend outland where the average total processing time to get the actual PR is under 7 months when processed in the US and he would be free to stay with you during this time and/or to travel to the US and back.

[Maaties]

Leon - will they  qualify for this given that they have not lived together for a year. They have been together for a year but not lived together.

[Leon]

Leon - will they  qualify for this given that they have not lived together for a year. They have been together for a year but not lived together.

If you read the original post, you see he's already figured out that they don't qualify for common law which is why he says they are planning on going to Canada and getting married.  Same s.e.x marriage is legal in Canada.