"Secret" same sex couple in Dubai. One is applying for Express entry. Can he declare the relationship on the application and not be punished in Dubai?

[Islander216]

Does IRCC not check marital status and validity of marriage certificates from the country where you got married? Does it not check to see if the marriage has been annulled?

Similarly there is a process for checking common law partners' status - or conjugal partner status - which is more likely in this case.

But do you have any idea what the actual process of confirming it is? Do you know how questions are asked and what information is shared?

Provide the evidence so that this person can take an informed decision - please dont state personal opinion or anecdotal evidence.

Documents relating to proving his common law relationship are submitted to IRCC directly, what does that have to do with his current residence in the UAE and the risk of exposure there? This information is not shared by IRCC with foreign governments especially when they know the prevailing laws there prohibit same-sex relationships, this information is stated in the privacy laws that IRCC has to strictly abide by.

This forum is based on people helping others with their immigration queries, it's never been a substitute for legal advice provided by a lawyer. I think people realize that, i'm not sure why you think this needs to be highlighted several times.

I'm the first person to tell someone if their query is too advanced for people here to answer, and that they need to consult a immigration lawyer. This however is a very straightforward query.

 

[Islander216]

For OP, guidelines on assessing relationships spouses and common law relationships:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-relationship.html

 

[SlyDigits]

Clearly every one here is an expert. Good luck @januarygem71 with your nephew. I am out of here... this stuff is contagious...

 

[seadrag0n]

I have seen this stuff happening in the UAE where people were jailed, deported and banned forever from entering the country again because they got caught, whether this is right or wrong is a different matter. What if their UAE PCC states that they broke the law, does the VO completely overlook this fact because the same thing is not a crime in Canada? I am just curious. Authorities in UAE don't actively pursue such things but if someone is foolish enough to get caught, then the law comes down on them like a giant hammer.

 

[Islander216]

I have seen this stuff happening in the UAE where people were jailed, deported and banned forever from entering the country again because they got caught, whether this is right or wrong is a different matter. What if their UAE PCC states that they broke the law, does the VO completely overlook this fact because the same thing is not a crime in Canada? I am just curious. Authorities in UAE don't actively pursue such things but if someone is foolish enough to get caught, then the law comes down on them like a giant hammer.

Yes, but the only way to get caught is to be indiscreet or blatant about it.

You're not going to be outed by IRCC, anyone who thinks that is being ridiculous.

 

[seadrag0n]

Yes, but the only way to get caught is to be indiscreet or blatant about it.

You're not going to be outed by IRCC, anyone who thinks that is being ridiculous.

For PR I understand but what about visit/tourist visa? Will that be granted? What about tourist visas for other countries? Don't you think getting banned from a country is a serious thing? I know for a fact that getting banned from one GCC country, you cannot enter others.

 

[Islander216]

Yeah, but why are you getting caught and banned from the UAE?

Only if you are being overtly disrespect of their laws and customs.

If you're gay and you live a discreet lifestyle and homelife, no one will ever find out that you're in a same-sex relationship. As long as you don't disclose that on applications for visa to countries where it is disallowed, you should be fine.

I think his nephew probably has learnt by now how to survive in this situation.

 

[canuck_in_uk]

I have seen this stuff happening in the UAE where people were jailed, deported and banned forever from entering the country again because they got caught, whether this is right or wrong is a different matter. What if their UAE PCC states that they broke the law, does the VO completely overlook this fact because the same thing is not a crime in Canada? I am just curious. Authorities in UAE don't actively pursue such things but if someone is foolish enough to get caught, then the law comes down on them like a giant hammer.

IRCC equates foreign criminal convictions with Canadian law. If there is no equivalent law, then the conviction doesn't make a person criminally inadmissible or affect the app. There is no law against homsexuality in Canada, therefore a foreign conviction for homosexuality is essentially ignored.

 

[canuck_in_uk]

For PR I understand but what about visit/tourist visa? Will that be granted? What about tourist visas for other countries? Don't you think getting banned from a country is a serious thing? I know for a fact that getting banned from one GCC country, you cannot enter others.

The reason for being banned matters. If an applicant showed IRCC proof that they were banned from a country for being gay, that's far different than a ban for overstaying/illegal work/illegal entry etc.

 

[januarygem71]

Same sex relationships are legal in Canada.

There is no effect on criminal inadmissibility to Canada if the alleged offense is not considered a crime in Canada, if that is what you are trying to allude to.

I know same sex union is legal n Canada. My questions is when he files his application. It would be reviewed by the VO in Dubai. He and his tmight be jailed.

 

[januarygem71]

As far as I am aware, the Canadian government cannot / does not share this type of information with the authorities in Dubai. Suggest you read through the Privacy Act and associated regulations to verify.

Probably would be wise to also upload a letter of explanation requesting for this information not to be revealed to anyone (in particular in regards to any fact-checking inquiries) and explaining the sensitive nature of the information in the context of the laws in the UAE.

Thank you for replying. I am scared for them because know it is a crime to be in a same sex relationship in Dubai. I want my nephew to be here but his partner is already a part of our family.

 

[januarygem71]

For OP, guidelines on assessing relationships spouses and common law relationships:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-relationship.html

Thank you for replying. I think he is aware of those guidelines. He is just scared to declare the relationship because they might be arrested. They have joint account in the Philippines but not in Dubai.

 

[januarygem71]

Clearly every one here is an expert. Good luck @januarygem71 with your nephew. I am out of here... this stuff is contagious...

Thank you. I am so thankful of all the conversations.

 

[januarygem71]

Clearly every one here is an expert. Good luck @januarygem71 with your nephew. I am out of here... this stuff is contagious...

Thank you so much. I really appreciate all the banters.

 

[januarygem71]

As far as I am aware, the Canadian government cannot / does not share this type of information with the authorities in Dubai. Suggest you read through the Privacy Act and associated regulations to verify.

Probably would be wise to also upload a letter of explanation requesting for this information not to be revealed to anyone (in particular in regards to any fact-checking inquiries) and explaining the sensitive nature of the information in the context of the laws in the UAE.

Thank you. I would tell him to do that.