Residency/Citizenship for Common Law Partner

[CanadianResident11]

Hi Experts,

I am a PR in Canada getting my PR canadian stay requirement completed June 2013. I will then apply for my Residency renewal (Card expired already) and then complete one more year before applying for Citizenship in June 2014.

I have a common law partner who is on a student visa as of now in Canada. I am exploring how can I get him PR/Citizenship in the near future via my status and our relationship.

1.) If I want to apply for his PR, can I do it, when my PR is effective or can I do it ONLY when I am a citizen?

2.) Could I request for his citizenship directly once I am a citizen or does he get PR first and then he has to qualify for PR requirements for 2 years and then become a citizen?

3.) If he gets his PR/Citizenship via the relationship status with me, how does it differ from his PR/Citizenship otherwise? Would he have to be with me all along till he gets his citizenship or even if we separate(God forbids :'( ) after he gets his PR, he would still qualify for his citizenship after two years?

4.) Do they EVEN have a right to reject a PR status for common law (or married) gay relationship on any clause of age gap or anything else?

Thanks a lot for all your answers in advance. I really appreciate your effort here.

 

[scylla]

1) You can do it as a PR.
2) No - you cannot request citizenship directly. He has to become a PR first and then qualify for citizenship independently.
3) If you seperate after he gets PR status, he will qualify for citizenship once he's lived in Canada three out of the previous four years. Note that you will be financially responsible for him for three years after he lands (regardless of whether you stay together or not). If he goes on welfare during this time, you will be responsible for paying it back.
4) Yes - they have the right to reject both married and common law applications. Rejections can happen for several reasons including: they believe the relationship isn't genuine, they believe the applicant is using the sponsor to get to Canada, sponsor is on welfare, applicant is inadmissible due to a criminal record, etc.

 

[scylla]

Just to add... Don't submit the sponsorship application until you meet residency requirements. If you submit the application earlier, I think you could create problems for your own PR status (if I'm not mistaken you haven't met residency requirements and are waiting until next summer to renew your card so that you can meet the 730 days).

 

[Leon]

Right. Wait until you complete the 2 years to secure your PR. Then apply to sponsor him. Like scylla said, when he becomes a PR, you are responsible for him financially for 3 years, even if he leaves you. There is something in the works that sponsored spouses will get a temporary PR card in the future so if that takes effect soon, they may look into if you are still together after 2 years and if you are not, he could lose his PR status again. After 3 years as a PR, he can apply for citizenship.

 

[CanadianResident11]

Thanks a ton for the invaluable answers. Yes I am waiting on it to confirm my PR before I could even put his PR request.

One more question on this front

1.) Would his PR Card have any distinctions that would tell that he has a family class PR (that is only given by wedding) or does PR card does not tell anything about the status at all?

2.) Once he gets his citizenship later(pursuing the PR that I get him via marrying me on my PR), would his passport HAS to say my name as a husband?

The reason I am asking this is because we come from a country where same sex marriage is frowned upon and we are doing this as hidden agenda from families, so trying to find out if there are ways for his family to come to know about it once they check his passport.

Thanks in advance,
Aryan

 

[PMM]

Hi

Thanks a ton for the invaluable answers. Yes I am waiting on it to confirm my PR before I could even put his PR request.

One more question on this front

1.) Would his PR Card have any distinctions that would tell that he has a family class PR (that is only given by wedding) or does PR card does not tell anything about the status at all?

2.) Once he gets his citizenship later(pursuing the PR that I get him via marrying me on my PR), would his passport HAS to say my name as a husband?

The reason I am asking this is because we come from a country where same sex marriage is frowned upon and we are doing this as hidden agenda from families, so trying to find out if there are ways for his family to come to know about it once they check his passport.

Thanks in advance,
Aryan

His PR card would probably be code as FC (Family Class), No, nothing has to entered on the passport.