How soon can I begin a conjugal sponsorship and chances of approval

[flagtothedreamlife]

Hi,

I Just received a PPR for stamping of a PR visa. I am looking to move to Canada in May this year. I have been in a same-sex relationship with a guy for 5 years who works for a technology firm in India. However, the following reasons always prevented us from living together or getting married:
1. Both of us are Indian citizens and it is illegal in India for same sex folks to get married.
2. I left to live in the US soon after we met and have been there since then.
3. Now I am moving to Canada on a PR.

I can submit the following proofs to prove that our relationship is genuine:
1. Our photographs taken on multiple occasions over the span of these 5 years.
2. Our chat logs.
3. Our phone call logs from past 5 years (we talk almost daily).
4. He visited me in the US last year.

Based on the information above, I have the following questions:
1. Do we fit the 'conjugal partners' bill?
2. Will he need to apply for a TRV and if rejected that can act as an immigration barrier? Is this step mandatory?
3. How soon after I move to Canada can I start his application?

Thanks!

 

[canuck78]

Yes he would have to show that he was not able to visit you in the US or Canada where you could get married. If you have that information you can apply.

 

[momo2018]

Hi,

I Just received a PPR for stamping of a PR visa. I am looking to move to Canada in May this year. I have been in a same-sex relationship with a guy for 5 years who works for a technology firm in India. However, the following reasons always prevented us from living together or getting married:
1. Both of us are Indian citizens and it is illegal in India for same sex folks to get married.
2. I left to live in the US soon after we met and have been there since then.
3. Now I am moving to Canada on a PR.

I can submit the following proofs to prove that our relationship is genuine:
1. Our photographs taken on multiple occasions over the span of these 5 years.
2. Our chat logs.
3. Our phone call logs from past 5 years (we talk almost daily).
4. He visited me in the US last year.

Based on the information above, I have the following questions:
1. Do we fit the 'conjugal partners' bill?
2. Will he need to apply for a TRV and if rejected that can act as an immigration barrier? Is this step mandatory?
3. How soon after I move to Canada can I start his application?

Thanks!

Im really not an expert on this subject but I think that since you were living in the US and he was visiting you, you could get married in the US and therefore not qualified for conjugal relationship
Did you ever lived together for more than one year? if so and you land now, and you didnt declare it, you wont be able to sponsor him in the future (ever)

If you never lived together you have two options: get married now, add him to your app (before landing) and land together at the cost of a (some says severe) delay.
OR do the landing, get married, and sponsor him as your spouse. Keep in mind that based you whats your wrote you will need very good proofs to send to IRCC (seems like you didnt spend much time together?, only one visit on 5 years? showing public relationship etc)
Apply for TRV and get rejected wont affect sponsorship

I would consider getting a professional advice on this matter

 

[scylla]

Hi,

I Just received a PPR for stamping of a PR visa. I am looking to move to Canada in May this year. I have been in a same-sex relationship with a guy for 5 years who works for a technology firm in India. However, the following reasons always prevented us from living together or getting married:
1. Both of us are Indian citizens and it is illegal in India for same sex folks to get married.
2. I left to live in the US soon after we met and have been there since then.
3. Now I am moving to Canada on a PR.

I can submit the following proofs to prove that our relationship is genuine:
1. Our photographs taken on multiple occasions over the span of these 5 years.
2. Our chat logs.
3. Our phone call logs from past 5 years (we talk almost daily).
4. He visited me in the US last year.

Based on the information above, I have the following questions:
1. Do we fit the 'conjugal partners' bill?
2. Will he need to apply for a TRV and if rejected that can act as an immigration barrier? Is this step mandatory?
3. How soon after I move to Canada can I start his application?

Thanks!

Yes - TRV is pretty much a mandatory step. If he can get a TRV approved then you'd be able to get married or become common law. You must prove that isn't possible.

 

[momo2018]

Yes - TRV is pretty much a mandatory step. If he can get a TRV approved then you'd be able to get married or become common law. You must prove that isn't possible.

Good point. But since they spent time together in the US it might be too late for that.

 

[flagtothedreamlife]

Thanks everyone. We did spend time in the US but that was only for 10 days when he visited me. Also, each year when I visited home in India, we did spend some time together but we never lived together until those 10 days in the US.
1. We took a few vacations together. But they were just 4-5 days in length each stay.
2. We may have some pictures showing us with other friends but most of them are just us vacationing or spending time with each other.
3. I will try to get him to apply for a TRV but guess I will have to wait since he’s in middle of changing jobs and I don’t know when will he get a new one.
4. I believe getting a TRV will be difficult until he lands a new jobs. His current job ends this month.

Any thoughts on this? Thanks a lot again.

 

[canuck78]

Thanks everyone. We did spend time in the US but that was only for 10 days when he visited me. Also, each year when I visited home in India, we did spend some time together but we never lived together until those 10 days in the US.
1. We took a few vacations together. But they were just 4-5 days in length each stay.
2. We may have some pictures showing us with other friends but most of them are just us vacationing or spending time with each other.
3. I will try to get him to apply for a TRV but guess I will have to wait since he’s in middle of changing jobs and I don’t know when will he get a new one.
4. I believe getting a TRV will be difficult until he lands a new jobs. His current job ends this month.

Any thoughts on this? Thanks a lot again.

If he had a US visa you could have married in the US. If he still has a US visa you should get married in the US.

 

[flagtothedreamlife]

If he had a US visa you could have married in the US. If he still has a US visa you should get married in the US.

Thank you. This really sounds like an option since he already has a US visa and I can get one from Canada. However I do have a few questions:
1. Once we get married in the US, can I immediately file a spousal sponsorship for him from Canada?
2. He is divorced (was married in India but got divorced in a year with mutual consent) but does not have the divorce certificate. What can be used as an alternate document? Does it help if we don’t disclose the divorce and state the marital status as Single?

Thanks much.

 

[kohman77]

Thank you. This really sounds like an option since he already has a US visa and I can get one from Canada. However I do have a few questions:
1. Once we get married in the US, can I immediately file a spousal sponsorship for him from Canada?
2. He is divorced (was married in India but got divorced in a year with mutual consent) but does not have the divorce certificate. What can be used as an alternate document? Does it help if we don’t disclose the divorce and state the marital status as Single?

Thanks much.

About #2, don't lie about the marital status. They can and will find out that he is married in India. Then he will be declined and banned for 5 years for misrepresentation. Never lie on your application.

Sorry I wish I could give advise about the divorce certificate but I don't know.