Conjugal partner visa(Same sex)-Kindly help please

[shinshin786]

Hi All,

Here i am , My partner (Same sex) is Canada, we are in relationship since 2016, and we used to live in Dubai together, last year she went to Canada with PR. Now my question is we are thinking to apply for conjugal partner visa because, we are same sex partners , and she is from Pakistan and i am from India, so there is bog obstacle between us even to travel to visit each countries , nor we cant marries in Dubai, off course its Islamic country and we both belongs from typical orthodox Muslim family, So please advice , if we apply conjugal partner visa, which category i have to apply (Family class?)

or how long will be processing time and chances of approving our visa ? and application by online or paper ? Kindly helpppppppppppppppppp

Please advice us
Thanks

 

[armoured]

Hi All,

Here i am , My partner (Same sex) is Canada, we are in relationship since 2016, and we used to live in Dubai together, last year she went to Canada with PR. Now my question is we are thinking to apply for conjugal partner visa because, we are same sex partners , and she is from Pakistan and i am from India, so there is bog obstacle between us even to travel to visit each countries , nor we cant marries in Dubai, off course its Islamic country and we both belongs from typical orthodox Muslim family, So please advice , if we apply conjugal partner visa, which category i have to apply (Family class?)

or how long will be processing time and chances of approving our visa ? and application by online or paper ? Kindly helpppppppppppppppppp

Please advice us
Thanks

You asked this question in previous threads. You have a problem in that you lived together for more than 12 months and hence should have included your partner in your own PR app on the basis of a common law relationship. The fact that you didn't do so potentially disqualifies you from ever sponsoring your partner.

As before, suggest you consult a lawyer. The examination of a conjugal application (which applications are often very slow) will bring to light that you resided together and were in a common law relationship.

It is not easy to suggest how to apply without potentially making things worse. You really should consult a lawyer.

 

[shinshin786]

You asked this question in previous threads. You have a problem in that you lived together for more than 12 months and hence should have included your partner in your own PR app on the basis of a common law relationship. The fact that you didn't do so potentially disqualifies you from ever sponsoring your partner.

As before, suggest you consult a lawyer. The examination of a conjugal application (which applications are often very slow) will bring to light that you resided together and were in a common law relationship.

It is not easy to suggest how to apply without potentially making things worse. You really should consult a lawyer.

We didn't live together as per UAE law not allow two women live together or we cant avail a apartment or flat under our name, we are in relationship and we both cant travel both country as i mentioned earlier our countries are rival countries India and Pakistan, and none of our family members doesn't know about this relationship, if they came to know we will get life threatening from both family, as we both belongs from orthodox Muslim family..so in this case, we thought to apply for Conjugal partner visa . So, cannot live together due to circumstances beyond their control due to reasons such as immigration, sexual orientation, religious reasons, etc.

 

[armoured]

We didn't live together as per UAE law not allow two women live together or we cant avail a apartment or flat under our name

Canada does not care about UAE law in this context. The question is whether you factually resided together in a sense that would mean establishment of a common law relationship acc to Canadian sense of the term (and hence also mean you should have declared your spouse as common law partner).

Again, suggest you consult a lawyer and also look for other options. I'm not saying don't apply under conjugal, but that doing so potentially could make things worse. You might also see whether there are countries you can both travel to where same-sex marriage can be performed - but the same risk exists, so consult a lawyer.

Other option is for your spouse to qualify and apply for PR under one of the economic programs.

 

[shinshin786]

Canada does not care about UAE law in this context. The question is whether you factually resided together in a sense that would mean establishment of a common law relationship acc to Canadian sense of the term (and hence also mean you should have declared your spouse as common law partner).

Again, suggest you consult a lawyer and also look for other options. I'm not saying don't apply under conjugal, but that doing so potentially could make things worse. You might also see whether there are countries you can both travel to where same-sex marriage can be performed - but the same risk exists, so consult a lawyer.

Other option is for your spouse to qualify and apply for PR under one of the economic programs.

Ok thanks for information

 

[armoured]

Ok thanks for information

Please note: I'm sympathetic to your situation - I just don't want to make things worse, or for you to make things worse by proceeding in a way that 'catches' you later.

As a concrete example, it seems that because you thought you could not be residing together (acc to UAE legal context), you did not think it was possible to include your common law spouse when you applied as PR - and worse, did not realise that you were required to do so in order to sponsor your spouse in future. (This is a point in the past where competent Canadian legal counsel would have / should have made it clear to you)

If you do not know where/how to find a lawyer with the right experience, you might contact same-sex (LGBT etc) rights or support groups (preferably with an interest in immigration) and explain the situation and ask for advice/referrals.

 

[shinshin786]

Please note: I'm sympathetic to your situation - I just don't want to make things worse, or for you to make things worse by proceeding in a way that 'catches' you later.

As a concrete example, it seems that because you thought you could not be residing together (acc to UAE legal context), you did not think it was possible to include your common law spouse when you applied as PR - and worse, did not realise that you were required to do so in order to sponsor your spouse in future. (This is a point in the past where competent Canadian legal counsel would have / should have made it clear to you)

If you do not know where/how to find a lawyer with the right experience, you might contact same-sex (LGBT etc) rights or support groups (preferably with an interest in immigration) and explain the situation and ask for advice/referrals.

Do you have any Contacts or details about who can help our case ame-sex (LGBT etc) rights or support groups ?

 

[armoured]

Do you have any Contacts or details about who can help our case ame-sex (LGBT etc) rights or support groups ?

I do not, sorry - all I'd be doing is internet searching, and you probably also want to look for local groups, wherever you are.

Some immigrant/refugee groups and the like may also be a place to start, if you make clear it's a same-sex relationship and the issue is a bit specific to that.

If you cannot find a group, some MPs' constituency offices try to maintain lists of groups that can provide assistance and are interested in specific issues and may be able to refer you.