I'm a Canadian citizen, my common-law partner is HIV+

[wanimmi]

OK, so I need some serious help here.

I have been reading through the forums and there are many acronyms and expressions I don't know or understand. There also seem to be conflicting ideas about what we can and cannot do.

First, my partner and I are in a same-sex common-law relationship, he is HIV+ and I am not. He is from South Korea, where we have currently been living together for 2 1/2 years. Our plan is to stay here to make and save more money, and then move to Canada together (we will get married). Unfortunately, he is trained as a Science teacher, which will make it impossible for him to get a job in that field. What are his options and is it better to apply from outside or within Canada? Where do we begin? Given our time line, what can we start doing now to prepare when the time comes to make the move?

He has not begun to take any medication, the use of Korean red ginseng, eating healthy and staying active has been keeping his blood count up. If he continues to take the medicine

This is a very difficult situation for us as living in Korea, where the government is not open or accepting of same-sex relationships, homosexuality or those living with HIV. That added stress could cause problems for his health. We really need help.

Thank you so much, in advance, for any help that you may offer.

 

[RobsLuv]

You can apply to sponsor him as your common-law partner. You have to provide proof with the application that you will re-settle in Canada when he's approved for permanent status. You have to prove that you meet the common-law qualification (having cohabitated for at least one continuous year) and that this is a "genuine relationship" and not just one entered into to get him status in Canada.

Common-law partners/spouses and dependent children are excessive medical demand exempt, so he cannot be found inadmissible to Canada simply for being HIV+.

 

[wanimmi]

Robsluv,
Thank you so much for your reply. I can't tell you how much I appreciate it. What kind of proof that it is a 'genuine relationship' do we need? We can get written statements from friends, family etc. I'm sure we have dated correspondence, e-mails etc. Is that the kind of proof we need? Thanks again for your help.

*I just read something about bankruptcy. I am looking into filing for bankruptcy to receive an automatic discharge on student loans over 10 years +, will this affect sponsoring my spouse? They are my only debts, but I have contacted trustees about this procedure and waiting to hear back about what exactly constitutes 'automatic discharge'.

 

[ariell]

Robsluv,
Thank you so much for your reply. I can't tell you how much I appreciate it. What kind of proof that it is a 'genuine relationship' do we need? We can get written statements from friends, family etc. I'm sure we have dated correspondence, e-mails etc. Is that the kind of proof we need? Thanks again for your help.

*I just read something about bankruptcy. I am looking into filing for bankruptcy to receive an automatic discharge on student loans over 10 years +, will this affect sponsoring my spouse? They are my only debts, but I have contacted trustees about this procedure and waiting to hear back about what exactly constitutes 'automatic discharge'.

Yes, filing bankruptcy will absolutely affect your ability to sponsor your spouse! You are ineligible to sponsor if you have an undischarged bankruptcy. You should read through the guidebooks of how to sponsor here: http://www.cic.gc.ca/english/information/applications/fc.asp#sponsor All the forms that you need for the application are also available there.

Regarding proof of your relationship...written statements from friends and family would be great. You should also submit copies of emails, letters, and photos.

 

[wanimmi]

Thank you Ariell

 

[BeShoo]

What kind of proof that it is a 'genuine relationship' do we need? We can get written statements from friends, family etc. I'm sure we have dated correspondence, e-mails etc. Is that the kind of proof we need? Thanks again for your help.

Go to the processing manual http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf and especially look at sections 5.25 and 5.26 for information on what type of evidence is good. There is other useful information in that manual, but those are probably the most important sections.

 

[wanimmi]

Thank you for that Beshoo