Same sex partner - Job offers, FSW, LMO rejected, etc

[Toronto4Hockey]

My partner is a Canadian and is moving to Toronto. I am currently a US Citizen. I had applied for Permanent residence under NOC 0213 and it was sent back to me due to a minor typo in the form. Unfortunately, in the meantime, the immigration category for 0213 was closed.

I have considered trying to get a NAFTA temporary worker visa, but I would really prefer to get a full PR status if possible. We don't WANT to get married. Neither of us is even remotely interested in the institution, but I guess it is beginning to look like that may be the only option left for us to live together.

I am a skilled IT consultant, helping lead an award winning, nationally recognized consultancy with a high 6-figure salary and experience deciding and guiding the IT policy in almost a quarter of the Fortune 50. I can't comprehend how I can't find an avenue to immigrate to Toronto.

But if getting married is what we have to do, I guess I might need to do it. His family cannot find out about it. They would never forgive him. We really don't want to be forced to do that.

It is very frustrating to me. I could have a job in Toronto in 3 days if I had work status. I have interest from several employers but the one I've actually got through the process had the LMO denied and they got cold feet and backed out. I've had several others tell me they wouldn't pursue me because I was simply "over qualified" for the position they had available.

I've presented at national conferences, I've helped build the process methodology that has become an industry standard throughout North American and the world, I've met and discussed policy with leaders of multinational groups. Half of my family is Canadian, including my step-father and most of my uncles and two grandparents, and nine cousins and my partner and all of his family.

What the hell does else the CIC want from me? They want a marriage certificate, I guess.

Sorry, I'm very frustrated tonight. I know half a dozen IT managers of small offices in Mumbai, managing 2 or 3 people who recently received their VISA, but mine was returned because I mixed up two blanks on the form, and now the NOC category is closed entirely, despite dictating the IT security policy for hundreds of thousands of people within the most influential companies in the world and managing hundreds of people and dozens of offices in a multinational infrastructure.

Arrgh.

Any advice? My partner is currently studying in Europe, and will return in May. I was hoping to meet him and move in together then, but that is looking very unlikely. If the only solutions is to wait for him to return, and then submit the paperwork, only to wait another 18 months for the process to complete, I will be very disappointed.

Suggestions?

Can we file the paperwork while he's not living in Canada?

He is currently a full-time student and does not have substantial income. Is he required to submit some sort of proof that he can support me? Because he can't.

But, as I said, I have a dozen employers who would hire me tomorrow, but can't, obviously, because I don't have a work permit or any sort of status.

We want to live together in Toronto. What can be done so we don't have to wait another 2 years or more?

 

[scylla]

Have you lived together for at least a year? If so, then you can apply as a common-law couple. Given that you are a US citizen, the CIC wants you to either be married or officially common-law (officially common-law = have lived together for at least a year).

Another option would be to find an employer who is willing to hire you in Canada and complete the LMO process. This isn't as direct a route to PR status as spousal sponsorship, but it would get you to Canada.

 

[Siouxie]

You could apply as a Provincial Nominee - Quebec would certainly want you..
http://www.form.services.micc.gouv.qc.ca/epi/index.jsp?languageCode=en

http://www.cic.gc.ca/english/immigrate/provincial/apply-who.asp for a list of provincial programs.



Edit: Are you sure that your application has been negated by your mix up over the boxes? Was your file closed? Is it possible that they returned the form so that you could remedy the typo but left the file open? Have you checked?

I would suggest reading the FSW manual: http://www.cic.gc.ca/english/resources/manuals/op/op06-eng.pdf (if this link doesn't work, go to CIC website, click on "publications" > "manuals" > "overseas processing" > "Federal skilled workers OP06") and double check that they responded to you correctly - and perhaps write to them with the details and ask them to re-evaluate the application.

The regulations can be found here: http://laws.justice.gc.ca/eng/SOR-2002-227/page-1.html

Good luck!

 

[BeShoo]

We don't WANT to get married. Neither of us is even remotely interested in the institution, but I guess it is beginning to look like that may be the only option left for us to live together.
...
But if getting married is what we have to do, I guess I might need to do it. His family cannot find out about it. They would never forgive him. We really don't want to be forced to do that.

I'm also in a same-sex relationship. We're really not opposed to marriage as an institution. It's just that we don't want a forced "shot gun wedding" right now for immigration purposes. People will tell you that you need to practically be a refugee from a country where homosexuals are perscuted to succeed with a conjugal partnership application, but that's not necessarily true. We have thought about getting married right away, but we wouldn't want to do it without inviting our families and that's a problem at the moment (although I'm pretty sure they'd get used to the idea eventually, which is apparently not your situation).

The biggest problem with a conjugal partnership application (in my opinion) is that you really need to prove that you are in a conjugal (i.e., marriage-like) relationship to the maximum extent possible, even though you are not living together physically.

You need to prove that you are more than just boyfriends. You need to have future plans together and you need to prove interdependence financially, physically, socially, and emotionally. You are expected to have already combined your lives to the maximum extent possible.

Make sure your relationship meets most of the criteria listed here to a greater or lesser degree: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg357741#msg357741 and also the ones farther down the page here: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg357830#msg357830 If it doesn't, you may not be in a qualifying relationship. Even if you get married, you need to prove that your relationship is genuine.

Half of my family is Canadian, including my step-father and most of my uncles and two grandparents, and nine cousins and my partner and all of his family.

It's actually a liability for you to have a lot of Canadian family. They may suspect a "partnership of convenience" with your boyfriend so that you can be reunited with your other Canadian family members.

Can we file the paperwork while he's not living in Canada?

He is currently a full-time student and does not have substantial income. Is he required to submit some sort of proof that he can support me? Because he can't.

He isn't required to prove any minimum amount of income as a partner, though he does have to document whatever income he does have at the moment. He can file from out of the country, but he will have to prove to the immigration officer's satisfaction that he will return to Canada as soon as you "land" with your permanent residency letter. Proof of an apartment or housing being arranged and a job offer (or at least an effort to find a job) are sometimes required to prove he will move back.

He does have to promise to support you for the first 3 years if you can't support yourself. If you were to go on welfare, he would need to reimburse the government for any money they gave you. If there is no prospect that he would be able to do that in such an eventuality, he could be refused. (Such a refusal seems to be extremely rare.)