How to bring Asylum seeking Bf from USA to Canada ? Please Help :(

[Lattu]

My boyfriend and I have been together for almost 4 years. He is an asylum seeker (i.e. his asylum is pending in court in States). I moved to Canada from US 2 years ago, before that we lived together in States for 2 years. He still lives in USA. I came to Canada as a PR along with my family. How will I be able to bring him to Canada with me? Is there any complication because he is an Asylum seeker in USA ? Even I was an asylum seeker in USA before I moved to Canada as a PR, but I withdrew my case and closed it before I landed to Canada. What is the best way for us to be together ? Can I sponsor him? Or bring him as a fiance? We do plan on getting married in future. Please help

 

[Leon]

Re: How to bring Asylum seeking Bf from USA to Canada ?

If you were in a common law partnership (living with a boyfriend for more than 12 months) and gained PR without disclosing that you were in a common law partnership, you have committed misrepresentation to immigration which can cost you your PR if they find out about it. Further, it would bar you from ever sponsoring that person in the future. And yet further, if you gained your PR as a dependent child of your parents, you would not have been considered a dependent child had immigration known that you were in a common law partnership and therefore you would not have gained your PR in the first place.

However, if you had not been in a common law partnership when you applied or when you immigrated, say you were not living with your boyfriend for more than 12 months at any point, you would not have been eligible to include your boyfriend in which case you would have no fault with immigration, you would be able to marry him now and sponsor him for PR.

 

[Lattu]

Re: How to bring Asylum seeking Bf from USA to Canada ?

If you were in a common law partnership (living with a boyfriend for more than 12 months) and gained PR without disclosing that you were in a common law partnership, you have committed misrepresentation to immigration which can cost you your PR if they find out about it. Further, it would bar you from ever sponsoring that person in the future. And yet further, if you gained your PR as a dependent child of your parents, you would not have been considered a dependent child had immigration known that you were in a common law partnership and therefore you would not have gained your PR in the first place.

However, if you had not been in a common law partnership when you applied or when you immigrated, say you were not living with your boyfriend for more than 12 months at any point, you would not have been eligible to include your boyfriend in which case you would have no fault with immigration, you would be able to marry him now and sponsor him for PR.

Thank you for shedding some light. So in this case, is our only option getting married ? Will I be able to still sponsor him as a fiance if we decide to get engaged but not get married for few years ? Also since he is in asylum seeking status in status, will that affect anything?

 

[Leon]

Re: How to bring Asylum seeking Bf from USA to Canada ?

Thank you for shedding some light. So in this case, is our only option getting married ? Will I be able to still sponsor him as a fiance if we decide to get engaged but not get married for few years ? Also since he is in asylum seeking status in status, will that affect anything?

You can not sponsor a fiance to Canada. You can sponsor a spouse or a common law partner and he is currently not your common law partner but if you really do not want to marry him, you can go back to the US, live with him for a year and you will be common law partners then. You would have to return to Canada in order to sponsor him.

Him being an asylum seeker in the US will not affect a PR application in Canada.

 

[Lattu]

Re: How to bring Asylum seeking Bf from USA to Canada ?

You can not sponsor a fiance to Canada. You can sponsor a spouse or a common law partner and he is currently not your common law partner but if you really do not want to marry him, you can go back to the US, live with him for a year and you will be common law partners then. You would have to return to Canada in order to sponsor him.

Him being an asylum seeker in the US will not affect a PR application in Canada.

Thank you, answered my querries.