Hope I find help - Same-sex relationship to immigrate to Canada (Skilled Worker)

[ash.ash]

Greetings.

I hope I can find some answers here about immigrating to Canada.

I'm 28, Yemeni living in Malaysia, Holding Master in Petroleum Engineering and 1 year experience in the industry. Been with a "Conjugal Partner" according to Canadian immigration glossary for 3 years. The only proof I have about this are emails between me and my partner, phone text dated 3 years and continuing and one trip together inside Malaysia. I did sent him around 2000 USD during the last year when he got divorced and had to move back to Cuba (his country of origin) then Ecuador to find a job there as an Medical Doctor.

Now, I did my research and I calculated my points to immigrate as a skilled worker to Canada and I believe it is above 67 which is the requirement. The problem here or the questions I have are as follow:

1. It states that you have to have with you around 10,000 USD as cost-of-living prior to the approval of visa\PR to Canada. That is if you don't have an offer letter from employer there. Honestly, I don't have this kind of money. Is there a strategy to overcome this, like a bank statement from your father's account?

2. It is not important but it will be great if I can get an employer to be interested in me before I came. Also, I'm quite worried how my going to get a job there in petroleum industry if I got approved. Does the Canadian government help locating me in one of it's industrial sectors?

3. The site kept stating that I need to submit certified\approved copies of my papers. Should I stamp this paper from the Canadian Embassy?

That's it for now. Thank you.

 

[Rob_TO]

I don't think CIC will accept your claim of conjugal, so if you wanted to include him as a partner in any application you should look to get married somewhere or find a way to live together for 1 year and become common-law.

You should post the other questions to skilled worker section of this forum, as yours is not a family sponsorship situation.

 

[scylla]

I would recommend you post your questions to the Skilled Worker section of this forum.

To answer one of your questions - the money has to be yours. It cannot be your father's. You can avoid showing a bank balance if you have a permanent and full time job offer in Canada.

Again, I would recommend you post any further questions to the skilled worker section of the forum.

I also agree that you will not be able to include your conjugal partner in your application. You either need to get married or live together for a year.

 

[ash.ash]

Will I found some answers from other places. Me and my partner couldn't live together during the 3 years period cuz I'm a Muslim and we live in a Muslim society (Malaysia), and of course we can't get married there. In such case we can prove that our circumstances is beyond our control and that prevented us from qualifying as common-law partners or spouses.

We are committed. We both depend on each other emotionally. I don't know what else differentiated us from a married couple.

Thanks any way.

 

[gsize]

Will I found some answers from other places. Me and my partner couldn't live together during the 3 years period cuz I'm a Muslim and we live in a Muslim society (Malaysia), and of course we can't get married there. In such case we can prove that our circumstances is beyond our control and that prevented us from qualifying as common-law partners or spouses.

Thanks any way.

is there a reason why you cant get married in another country ?

 

[ash.ash]

is there a reason why you cant get married in another country ?

Sure, there is. Finance and stability. Besides, this is what I'm trying to do by traveling to Canada in the 1st place. I don't like to degrade my country of origin but being 1 of the 8 countries that punish gays by death kind of makes you hesitant to come back.

 

[scylla]

Based on the information you have provided, you most likely don't have sufficient evidence to prove a conjugal relationship. CIC will want to see that you have a "marriage-like" relationship without actually being married. It sounds like you've only visited each other once - if so, that very likely won't be enough for CIC. In addition to the emails, CIC will also want to see that you have joined your lives together as a married couple would through evidence such as joint bank accounts, joint property, wills and/or insurance policies listing each other as beneficiaries, etc. Do you have any evidence apart from the one trip, the texts, and the emails?

 

[Kayaker]

Sure, there is. Finance and stability. Besides, this is what I'm trying to do by traveling to Canada in the 1st place. I don't like to degrade my country of origin but being 1 of the 8 countries that punish gays by death kind of makes you hesitant to come back.

Unfortunately, CIC does not recognize financial barriers or career obstacles as a sufficient barrier to marriage. They might want to ask, then why did you two not go to a third country (where same sex marriage is legal) and get married there? Of course, if you already tried to get a visa to a country that allows same sex marriage and were denied, your case could be stronger.

But scylla is right, proving conjugal requires a lot of proof.

Conjugal is an exceptional category, so it can be something you have to try to find out. There aren't a whole lot of people who try, so it's hard to say what works and what doesn't. So you'll just have to try and see. Good luck!

 

[gsize]

Sure, there is. Finance and stability. Besides, this is what I'm trying to do by traveling to Canada in the 1st place. I don't like to degrade my country of origin but being 1 of the 8 countries that punish gays by death kind of makes you hesitant to come back.

Im afraid finance and stability are not good enough reasons. If it was me.....I would get married in a country that performs same sex marriage, then go back home. You can start the application process immediately. Try to look at the bigger picture.
Best wishes

 

[ash.ash]

Based on the information you have provided, you most likely don't have sufficient evidence to prove a conjugal relationship. CIC will want to see that you have a "marriage-like" relationship without actually being married. It sounds like you've only visited each other once - if so, that very likely won't be enough for CIC. In addition to the emails, CIC will also want to see that you have joined your lives together as a married couple would through evidence such as joint bank accounts, joint property, wills and/or insurance policies listing each other as beneficiaries, etc. Do you have any evidence apart from the one trip, the texts, and the emails?

I totally believe me and my partner are in heart, united, and as good as a married couple not just conjugal partners. We visited each other and spend time together at least once a week for 2 years before he had to leave Malaysia, during that time we were committed to each other. We were loving and caring about each other and we still are. We exchanged texts 2-3 times a day with a call everyday. We had a trip together for 4 days to one of the Islands. I supported him during his tough times and divorce and he supported me when my family find out about me being gay (and my family didn't accept it, they made me promise not "to be gay" and go for therapy).

After, he went to Cuba we kept sending each other e-mails and almost daily text and calling him twice a week although it costs 80 cents per min. He tried his best to open skype for me whenever he got the chance to go to a far hotel in the city because Cuba still live in the communist era where the internet is only allowed for big business owners and government offices. We spent a year like this, while being committed, preferring waiting for each other and not pursuing an open relationship. My partner finally find himself a job in Ecuador and after a year of me waiting to apply for a better oil and gas position with no avail (because I'm not local), I'm applying myself now for Canada. I supported him financially also during his travels (2000 USD and more).

Just because I don't want to be whiny about my problems in my first post doesn't mean I don't have a meaningful life with my partner. Just right now I called him telling him about my fear of him being rejected from my application but you know what, I won't care about what other people think as long as I feel he is for me and I am for him. That is why I'm trying to apply as a skilled worker because I believe that I'm strong enough without using my circumstance as an excuse.

I know I should be more practical but I had to get it out of my system with all of you guys keep telling me that my relationship with my partner cannot be recognized although its as clear as the sun to me and him, and anyone who knows us. And as for the wedding, I'll wait until I plan my perfect wedding with him in a place I call our home. I'm not going to treat my wedding day as a legal matter just to satisfy an officer or 2 at the immigration.

 

[scylla]

Just because I don't want to be whiny about my problems in my first post doesn't mean I don't have a meaningful life with my partner.

Here's the challenge you're facing. You are looking at this process emotionally - while the rest of us are trying to provide you with advice from a logical / process perspective. Unfortunately emotions don't get applications approved - evidence does. We are trying to help you by explaining how your application is going to be examined by CIC and what you can / should do in order to have the highest chance of a positive outcome.

 

[ash.ash]

Here's the challenge you're facing. You are looking at this process emotionally - while the rest of us are trying to provide you with advice from a logical / process perspective. Unfortunately emotions don't get applications approved - evidence does. We are trying to help you by explaining how your application is going to be examined by CIC and what you can / should do in order to have the highest chance of a positive outcome.

I mentioned before that I should be practical and I really am. I know that the humane factor is that insignificant. It can have more impact with face-to-face interviews. Besides he is not traveling with me right away. Once, I'm there I'll be working on bringing him. He is considered a professional worker after all.

 

[kiwi123]

I mentioned before that I should be practical and I really am. I know that the humane factor is that insignificant. It can have more impact with face-to-face interviews. Besides he is not traveling with me right away. Once, I'm there I'll be working on bringing him. He is considered a professional worker after all.

1, you really need to post in the skilled worker section. If you are going to claim you are conjugal you will need to do that on your application, otherwise you will never be able to sponsor him

2, Cic takes immigration pretty seriously, so expects you to as well. Not wanting to get married yet isn't good enough for them. Have you looked into Visitor Visas to Canada for both of you, then you get married and start the process. Without ties to Canada they may be approved.

3, You have come on this forum to ask for advise and have only argued with everyone who has given it to you. No one in here has anything to gain/lose what ever happens to you. Why did you ask for advise and then refuse to listen to it?

 

[Rob_TO]

Besides he is not traveling with me right away. Once, I'm there I'll be working on bringing him. He is considered a professional worker after all.

Since you are not married and have not lived together for 1 year, you can continue with your skilled worker app as "single", and not include him.

Then after you get PR, you can look for a way to get married or live together 1 year, then apply to sponsor him under family class as married or common-law.

Just note if you don't try to include him as conjugal partner in your skilled worker app, you can most likely not even attempt to sponsor him as conjugal later on. You MUST get married or become common-law.