Same sex spouse

[paras1991]

Hi all

need your views

Is it possible in any way to sponsor the same sex physically disabled partner (not married, as same sex marriage is not legal in native country) to Canada by a PR who himself/herself has got PR (not under Family class) as a common law partner of Principal applicant.???

Thanks

PS-Please try not to be judgmental, someone has asked me this, so I thought of posting it here.

 

[erable_rouge]

Hi all

need your views

Is it possible in any way to sponsor the same sex physically disabled partner (not married, as same sex marriage is not legal in native country) to Canada by a PR who himself/herself has got PR (not under Family class) as a common law partner of Principal applicant.???

Thanks

PS-Please try not to be judgmental, someone has asked me this, so I thought of posting it here.

Nobody has any reason to be judgemental.

A common law relationship ought to be proven, either in Canada or the country the person is currently in, which involves providing proofs of cohabition for atleast a year, proofs of joint accounts, credit cards etc. Which I can understand might not be possible in this case.

Alternatively, the sponsor can invite the applicant to Canada on a tourist visa..get married in Canada and apply under spousal sponsorship.

 

[Ponga]

Absolutely, as long as they have lived together for at least 365 days (anywhere) and have sufficient proof of this, along with proof of their genuine relationship. The fundamental requirement for a Common-Law sponsorship is the one year of living together. This is not negotiable!

It's also important to mention that if the couple was deemed Common-Law at the time that the PR landed, but s/he did not declare their partner at that time, there would be no chance of sponsoring the partner now...or ever.


Since the sponsor is a PR, and not a Canadian citizen, s/he would need to be in, and remain in, Canada for the duration of the process. Short trips out of Canada (a week or two) would probably be acceptable.

If the couple has already met the one year cohabiting requirement, the applicant would not need to be in Canada, as long as there's sufficient proof that the relationship is still continuing.

 

[paras1991]

The thing is there are no proofs of common law.

I gonna denote the PR person as A and disabled partner as B

A has become PR by showing herself as a common law partner of B's brother. In reality A is in love with B. Now A wants B to be here.

So, if B comes here on visitor visa and marries A, will there be any problem s in this case..

I know its complicated... atleast I find it complicated because all are connected .

 

[Ponga]

Without proof of being Common-Law, A and B are out of luck, so marriage seems to be the best option. However...

It also depends on how (and when) A became a PR.

Was she sponsored by B's brother? If so, she would need to wait 5 years after the day she landed as a PR to sponsor B.

 

[paras1991]

no she was not sponsored....but was included in the PR application of B's brother as common law partner

 

[Rob_TO]

The thing is there are no proofs of common law.

I gonna denote the PR person as A and disabled partner as B

A has become PR by showing herself as a common law partner of B's brother. In reality A is in love with B. Now A wants B to be here.

So, if B comes here on visitor visa and marries A, will there be any problem s in this case..

I know its complicated... atleast I find it complicated because all are connected .

If there is no proof of 12 months cohabitation, then you can't apply as common-law.

Technically if A ends their current common-law relationship with B's brother and gets married to B, then A could sponsor B as a spouse for PR.

However this seems like a messy situation. It seems very suspicious that A would be a common-law spouse to get PR status, then turn around and marry their common-law partners brother and sponsor them for PR. A would need to completely separate from the brother first, then show a real realtionship with B over a suitable time (at least 1 year), and only then marry and sponsor B for PR.

If A simply splits with common-law partner and immediately marries/sponsors B, that may cause CIC to not only reject that app as a marriage of convenience, but also to investigate if A was really a genuine common-law partner of B's brother to begin with. If they think the original common-law status was misrepresented, they could revoke A's PR status.

 

[erable_rouge]

Yes...reading the successive posts, evenif A and B meet the eligibility criteria, it may come across as a 'marriage of convenience'.

 

[kangamoose]

If there is no proof of 12 months cohabitation, then you can't apply as common-law.

Technically if A ends their current common-law relationship with B's brother and gets married to B, then A could sponsor B as a spouse for PR.

However this seems like a messy situation. It seems very suspicious that A would be a common-law spouse to get PR status, then turn around and marry their common-law partners brother and sponsor them for PR. A would need to completely separate from the brother first, then show a real realtionship with B over a suitable time (at least 1 year), and only then marry and sponsor B for PR.

If A simply splits with common-law partner and immediately marries/sponsors B, that may cause CIC to not only reject that app as a marriage of convenience, but also to investigate if A was really a genuine common-law partner of B's brother to begin with. If they think the original common-law status was misrepresented, they could revoke A's PR status.

Agreed. It could also be seen as a way for B's brother to get B to Canada without being subjected to medical admissibility.

 

[MilesAway]

The way it was worded sounds as if the original relationship was not genuine. That they "showed themselves" as common-law partners, but the reality was otherwise.

 

[paras1991]

Yup I think the same too..But if A waits for an year and then marry B, would it be ok or still there is a chance that the CIC would consider the previous common law as misrepresentation

 

[Rob_TO]

Yup I think the same too..But if A waits for an year and then marry B, would it be ok or still there is a chance that the CIC would consider the previous common law as misrepresentation

A should completely separate from B's brother first (if they haven't already done so). So not live in the same home, and of course not file taxes as common-law. A should spend at least a full year as "single", during which time she can build proof of a genuine relationship with B. The longer time they wait until marrying and sponsoring B for PR, the better it will be since it will put more distance from the previous common-law relationship with B's brother.

Still no matter how long they wait, it will for sure look a bit suspicious to CIC.