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same sex couple: What are the options?

same sex couple: What are the options?

Old Mar 27th 2008, 2:40 am
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Default same sex couple: What are the options?

Hello All,

I have scanned the forum for advice on this topic but need to get up to date facts as laws my have changed.

I am a UK national, living in UK and have submitted a PR application as a skilled worker.

My same sex partner is a U.S national and currently lives there. We have never lived together but have maintained a long distance relationship for many years.

If my application is successful and I move to Canada, is it possible to sponsor my US partner into Canada? My partner would not have enough points to qualify as a single applicant. How long would it take and under which category?

We can have a civil partnership in the UK. Would this be recognised in Canada? Would it be better to do this before I move?

If we were to marry in Canada what is the process and would it be recognised in the UK?

I would be grateful for any thoughts or experiences on this matter.

Coal.
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Old Mar 27th 2008, 2:49 am
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Default Re: same sex couple: What are the options?

Originally Posted by coal
Hello All,

I have scanned the forum for advice on this topic but need to get up to date facts as laws my have changed.

I am a UK national, living in UK and have submitted a PR application as a skilled worker.

My same sex partner is a U.S national and currently lives there. We have never lived together but have maintained a long distance relationship for many years.

If my application is successful and I move to Canada, is it possible to sponsor my US partner into Canada? My partner would not have enough points to qualify as a single applicant. How long would it take and under which category?

We can have a civil partnership in the UK. Would this be recognised in Canada? Would it be better to do this before I move?

If we were to marry in Canada what is the process and would it be recognised in the UK?

I would be grateful for any thoughts or experiences on this matter.

Coal.
You've never lived together? I'd imagine it to be a little hard to claim that you're a couple. I could be wrong.
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Old Mar 27th 2008, 3:02 am
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Default Re: same sex couple: What are the options?

coal, if you never lived together then you are not a couple who can claim being common-law partners.

There is nothing preventing you from living together either in UK or in US, no visas needed and you may live few months in one country and then few months in another. You never tried, you were not refused visas, you were not refused admission to or being deported from each others respective country - thus you have no claim to conjugal relationship either.

Even if you get married now in Canada it will be seen as marriage of convenience for the purpose of immigration in the view of not even living together at all, regardless lack of anything what could possibly prevent you from living together.
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Old Mar 27th 2008, 3:21 am
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Default Re: same sex couple: What are the options?

Originally Posted by Andrew Miller
coal, if you never lived together then you are not a couple who can claim being common-law partners.

There is nothing preventing you from living together either in UK or in US, no visas needed and you may live few months in one country and then few months in another. You never tried, you were not refused visas, you were not refused admission to or being deported from each others respective country - thus you have no claim to conjugal relationship either.

Even if you get married now in Canada it will be seen as marriage of convenience for the purpose of immigration in the view of not even living together at all, regardless lack of anything what could possibly prevent you from living together.
Thanks Andrew for your response.

I know we can go and stay for a few months at a time in each others countries but we would not be allowed to work in the other's country which could make it hard financially. Would you advise that we do this so that we have some proof of "living together" first? What could we do that would give us that proof? Would it be names on bills that kind of thing? Please advise!!
This is a difficult situation and I want to take the best path through so we can live together.
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Old Mar 27th 2008, 5:51 am
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Default Re: same sex couple: What are the options?

I'm no expert at all, but wouldn't it be better to get married now and sponsor her for a UK Spouse/Civil Partner Visa? (ie. She moves to the UK)
Then when your Canadian PR comes through you may be able to sponsor her as a spouse - and both of you would be able to move to Canada together. (And if her UK spouse visa is denied, then you may have grounds for sponsorship of a "conjugal partner")

Conjugal relationships are built over time and supported by evidence of a shared life together, such as joint ownership of possessions, naming each other as beneficiaries under insurance policies, financial support of one another and so forth.
http://www.entercanada.ca/blog/2005/...-partners.html

Alternatively, if she is under 30, there is a SWAP visa which enables Americans to work in Canada for 6 months. Obviously, you will have moved to Canada by then. Then you could get married, live together and apply for spouse sponsorship. If you submit the app together with an Application to change conditions, she will have implied status (ie. she can keep working) until a decision has been made.

Not for me to judge, but sponsoring someone without ever living in the same country with them shouldn't be taken lightly. You are financially responsible for them for 3 years (even if the relationship were to dissolve).

Last edited by websheep; Mar 27th 2008 at 6:30 am.
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Old Mar 27th 2008, 7:37 am
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Default Re: same sex couple: What are the options?

Originally Posted by websheep
I'm no expert at all, but wouldn't it be better to get married now and sponsor her for a UK Spouse/Civil Partner Visa? (ie. She moves to the UK)
Then when your Canadian PR comes through you may be able to sponsor her as a spouse - and both of you would be able to move to Canada together. (And if her UK spouse visa is denied, then you may have grounds for sponsorship of a "conjugal partner")

http://www.entercanada.ca/blog/2005/...-partners.html

Alternatively, if she is under 30, there is a SWAP visa which enables Americans to work in Canada for 6 months. Obviously, you will have moved to Canada by then. Then you could get married, live together and apply for spouse sponsorship. If you submit the app together with an Application to change conditions, she will have implied status (ie. she can keep working) until a decision has been made.

Not for me to judge, but sponsoring someone without ever living in the same country with them shouldn't be taken lightly. You are financially responsible for them for 3 years (even if the relationship were to dissolve).
Thanks Websheep. I think your idea to have a civil partnership in the UK first is the best and least complicated route for us...and I am so grateful that the UK has made it possible to do this.

I would be interested to hear of any other couple in a similar situation...
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