Proper Sponsorship type for LGBT Couple that cant marry

[SoSaTe]

Hello,

I just wanted to confirm that submitting as a Conjugal partnership is the best method of immigration for my partner currently living in Malaysia. Our marriage would not be legally recognized in Malaysia, and they fear having to return if we were to try to marry here without being able to stay in Canada permanently.

Also do we list ourselves as 'Single' when asked our individual marital statues? As we arent technically married or common law and there are no other correct choices.

Thanks in advance for the help

 

[scylla]

Has she applied for a TRV yet to come to Canada as a visitor?

 

[SoSaTe]

Has she applied for a TRV yet to come to Canada as a visitor?

No, but we are planning for them to do so soon and come visit in the early new year.

I have gone to Malaysia multiple times just because its easier (and warmer) but they have never come to Canada.

 

[kcward7]

No, but we are planning for them to do so soon and come visit in the early new year.

I have gone to Malaysia multiple times just because its easier (and warmer) but they have never come to Canada.

You're going to need to go the TRV route first. A rejected TRV is important to have if you're applying conjugal. If it's approved, conjugal isn't an option.

 

[SoSaTe]

You're going to need to go the TRV route first. A rejected TRV is important to have if you're applying conjugal. If it's approved, conjugal isn't an option.

Oh I see, so they should apply for a TRV, and if approved they can stay here long enough to get married? Is that the idea?

 

[kcward7]

Oh I see, so they should apply for a TRV, and if approved they can stay here long enough to get married? Is that the idea?

Conjugal stream is for those faces true legal or immigration barriers to marrying or establishing common law. If TRV is approved you have no immigration barrier to marriage.

 

[SoSaTe]

Conjugal stream is for those faces true legal or immigration barriers to marrying or establishing common law. If TRV is approved you have no immigration barrier to marriage.

Our worry is the barrier is not from Canada's side.

If they have to go back to Malaysia after we get married due to the TRV length, then they face persecution in that country. I was under the impression that a TRV can only be for six months which doesn't seem long enough to get approval for their PR through the standard spouse method.

 

[scylla]

Our worry is the barrier is not from Canada's side.

If they have to go back to Malaysia after we get married due to the TRV length, then they face persecution in that country. I was under the impression that a TRV can only be for six months which doesn't seem long enough to get approval for their PR through the standard spouse method.

You can apply to extend the stay. No need to leave Canada. As said, you need to apply for the TRV before going the conjugal route.

 

[kcward7]

Our worry is the barrier is not from Canada's side.

If they have to go back to Malaysia after we get married due to the TRV length, then they face persecution in that country. I was under the impression that a TRV can only be for six months which doesn't seem long enough to get approval for their PR through the standard spouse method.

You can apply to extend it.

You don't need PR approval for them to stay, you could apply inland after you marry alongside OWP application which allows your partner to remain and work in Canada while the application is being processed. Depending on province there can be a wait time for marriage certificates but in Ontario you can apply to expedite.

 

[SoSaTe]

You can apply to extend the stay. No need to leave Canada. As said, you need to apply for the TRV before going the conjugal route.

You can apply to extend it.

You don't need PR approval for them to stay, you could apply inland after you marry alongside OWP application which allows your partner to remain and work in Canada while the application is being processed. Depending on province there can be a wait time for marriage certificates but in Ontario you can apply to expedite.

Thank you both, this is really insightful. I was unaware that we could extend the TRV long enough to get married and apply inland.

Our biggest fear is having them forced to go back after being married and risking 20 years in jail there...

When applying for the TRV and entering the country should we just ask for the full 6 months and say we intend on marrying? Will they reject us for fear of them not returning (which is valid as that is our intent)