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| Subject: Gay couple seeking advice |
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Hello, we are a gay couple who wishes to seek advice about immigrating to Canada. Our situation is a bit complicated; I brought here to the US legally from the Philippines at the age of 5. However, when my family´s visa expired, we did not return to the Philippines and therefore I have been living in the US illegally ever since (I am currently 22). Because of this, I am not allowed to work or even go to college in the US. The common advice that I was given was to immigrate to Canada. My partner is a legal US citizen and we have been together for about a year. So the question is, is it possible for a gay couple to immigrate to legally to Canada even though I am not a US citizen? Can anyone point us in the direction of where we can obtain more information regarding immigration.
I really hope my partner and I can start a normal and safe life in Canada.
Thank you.
[18-12-2007,10:09]
[**.247.43.152]
Nobbynob |
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(in reply to: Gay couple seeking advice)
The primary issue here is not so much your life orientation as is your current residence status.
First, applying for Canadian immigration is open to everyone of any lifestyle. Since your partner has legal status in the U.S., he/she can apply through the Canadian consulate (Buffalo) in the U.S. Since you do not have legal status in the U.S., you´d need to apply through the Canadian consualte of your home country.
Unlike the U.S., Canada does recognize same sex partnerships for immigration. As you probably know, same sex marrriage is recognized and legal.
The issue I see is how you and your partner would qualify for immigration. Most people here aplly under the skilled worker catagory. You have to have a skill that´s needed, and also have qulaifying education and work expereince. It´s a point system where these factors and others must add up to at least 67 points.
My advice is to go to the Canadian immigration website, investigate for yourself, and take the online test to see how many points you and your partner would have. This will help you decide if it´s worth to apply:
http://cic.gc.ca/english/index.asp
Others might have additional information or advice.
[19-12-2007,12:39]
[**.47.168.9]
Richard |
(in reply to: Gay couple seeking advice)
You have lots of options IF...... one of you meet the requirements. Your a couple so, IF
Your partner is the Principle applicant & has sufficient points you would be his partner/dependent so regardless of your status all things would work out.
Try NAFTA IF She/He is in one of the occupations, then a work permit, then a PNP then finally a FSW application.
Roy
www.cvimmigration.com
[19-12-2007,17:38]
[**.158.52.214]
Roy |
status (in reply to: Gay couple seeking advice)
Yes, if you entered the US legally, it should not be a problem, even if you are now out of status.
As long as you qualify on the other criteria, you should be able to enter.
If you search the web, I think there is an immigration attorney in Vancouver who has posted information relevant to someone in your position.
Otherwise, hopefully there will be an immigration reform law in the US that allows you to stay.
Best of luck to you.
[20-12-2007,00:31]
[**.58.225.230]
Tab |
(in reply to: Gay couple seeking advice)
I think the question is whether CIC will accept a partnership application for skilled worker through Buffalo, with one a U.S. citizen and the other out of status. Since the U.S. doesn´t recognize partnership status at all, will CIC recognize it when applying from the U.S.?
[21-12-2007,14:46]
[**.47.168.9]
Richard |
(in reply to: Gay couple seeking advice)
Who cares what the US recognizes. If your applying for a OZ drivers licens the US rules of the road do not apply.
If your a couple your a couple.
Roy
www.cvimmigration.com
[22-12-2007,00:06]
[**.15.48.16]
Roy |
(in reply to: Gay couple seeking advice)
For these 2 asking this question while living in the U.S., they care. And it matters how CIC views partnership applications for people already living under this arrangement in the U.S.
Drivers license analogy is apples and oranges.
[22-12-2007,14:23]
[**.47.168.9]
Richard |
(in reply to: Gay couple seeking advice)
Richard apples and oranges are both fruit. So what? The overseas Processing Manual OP2 is the Family Class (Bible) Manual and informs officers how they are to view relationships.
Canadian´s have been redefining the definition of what a family is for well over twenty years and Canadian´s are happy with it and we laugh at the US military policy of don´t tell.
These people are family and if they prove the bond between themselves there is no other issue----PERIOD!
Two people who care and love one another should be together. If one is illegal in Canada who cares if one is illegal in another country who cares?
THEY ARE A COUPLE IN EVERY SENSE OF CANADIAN LAW AND THAT IS WHAT THEY ARE BEING ASSESSED UNDER. Not US Law.
IF THEY MEET THE OP2 DEFINITION OF COMMON LAW THEY ARE MARRIED IN CIC EYES. One is the principal applicant and the other is the dependent.
Come on up and live a happier life. WELCOME
Roy
www.cvimmigration.com
[22-12-2007,15:59]
[**.55.216.187]
Roy |
(in reply to: Gay couple seeking advice)
Am in agreement with you Roy, as well as with Canada´s views and policies on this. The U.S. in many ways is still living its Puritanical heritage.
Now don´t skim over the rest, and pay attention to the point that follows (for a change!).
The question that arose out of this is not if the fundamental right of partners to apply for and immigrate to Canada exists. That we agree upon. The question is whether the applicants in this particular case can apply through Buffalo or must apply through their home country. One is legal (U.S. citizen), the other undocumented (out of status) in the U.S. My understanding is that the only applicants who can apply through Buffalo are those in the U.S. with legal status.
AND I HAVE A NEW YEARS RESOLUTION FOR YOU - NO MORE CAAAAPPPPSSSS!!!!
[22-12-2007,18:04]
[**.47.168.9]
Richard |
(in reply to: Gay couple seeking advice)
Richardm LOL no more Capitals do you know how hard that will be for me? TY for the laugh.
Well lets try this the partner with all the points is a US citizen. That one has to be the Principal applicant because the 22 year old is not working or going to college etc. probably has little points to be assessed.
http://www.cic.gc.ca/english/resources/manuals/op/op02e.pdf
It is the Principal Applicant points or occupational skills that are being assessed. Nobby is a dependent of the other partner. They are a conjugal couple due to US Laws once the year term is met. So once the year passes the US citizen can apply for a temporary status or permanent status listing Nobby as his partner.
Nobby will only have to prove he is the US citizen conjugal partner. Not just a friend using a friend!
So again the US citizen has to apply through the Buffalo RPC due to regulation 11 unless they are a dual citizen of another country or reside after being legally admitted into another country for a year.
The application is assessed by the Principal applicants points. You can not submit one application for the Principal applicant and another application at the visa post(s) for every single dependent depending on where they are residing.
There is really only one application Richard. That is the US citizens application. Consider it this way. A Mexican citizen Mary enters the US illegally as a child who grows up to be a very intellegent godess.
A US citizen weds Mary because of her looks, knowledge and honest character. The fact that Mary entered a country as a minor illegally is not the issue. The issue is does her husband have sufficent points, qualifications etc. to be accepted by CIC.
Nobby will not need to even provide proof of good Character from the Phillipines. What amazes me is the (&&^$ Nobby puts forth by saying illegals can not go to school in the States and Illegals in the States can not work in the States.
Well another poster has sparked discussion again.
How was the lack of Capitals, Richard?
Must of had a good nights sleep!
Roy
www.cvimmigration.com
[23-12-2007,11:58]
[**.55.217.145]
Roy |
(in reply to: Gay couple seeking advice)
as in all skilled worker applications, the main applicant is the one that CIC looks at. The accompanying partner must only pass the physical. In this case, (because there is no marriage certificate... as with all common law applications) there may be some requirement to show the relationship is genuine and of a year in duration.
The non-applicant does not need to meet the same status requirements.
I have an aquaintance from this forum that had this exact same situation and he has landed together with his partner without difficulty.
[23-12-2007,14:29]
[***.121.220.199]
Sharon |
