My same-sex partner is married
Dear Ms Powell,
THANK YOU for your articles. I have found t hem very informative. I am interested in finding out if my boyfriend can sponsor me. I am a bartender in Jamaica and he’s a teacher who was born in Canada. Our case may be a little complicated but I trust that you can help us.
He spends every summer with me in Jamaica and last year he spent Christmas and March break with me at my home. My family accepts that we are in a relationship, and he has a good relationship with my mother. He also sends money for me from time to time and gave me an invitation letter to visit him in Canada so that I can meet his family
I applied for a visitor visa, but was denied. Our situation is complicated as he was married before to a woman, but then he realised that he was gay and so they separated. His wife knows about me, but they haven’t sorted out the divorce yet. He says that they are sill sorting out how to deal with the kids and the property.
I am just wondering if there is another way for me to visit and possibly stay in Canada. Can he sponsor me before he gets divorced?
LB
Dear LB,
Citizens and permanent residents of Canada may sponsor their spouse, common-law or conjugal partner of either sex, if they are over 18 years old, able to prove that they are in a committed relationship and able to satisfy other conditions. Based on the information that you have provided, it appears that you are in a conjugal relationship with your Canadian partner. This is a committed relationship between individuals over the age of 18, who have been in a mutually dependent relation for a continuous period of at least 12 months. The key is to provide the requisite proof that you are in a relationship of permanence.
RELATIONSHIP OF PERMANENCE
The government of Canada define a conjugal relationship as one of some permanence, where individuals are financially, socially, emotionally, and physically interdependent, where they share household and related responsibilities, and where they have made a serious commitment to one another. Conjugal does not mean ‘sexual relations’ alone. It indicates that there is a significant degree of attachment and mutual commitment between two partners.
The Supreme Court of Canada has adopted a list of factors that must be considered to determine if individuals are in a conjugal relationship. These factors shared shelter, sexual and personal behaviour or commitment to each other, services such as sharing of household chores, social activities as a couple with your families, economic support, children, and societal perception that you are a couple.
HE HAS A WIFE
A person may be considered a conjugal partner while being married to another person if their marriage has failed and they have been living away from their spouse for at least a year. A conjugal relationship cannot be legally established if one or both parties maintain intimate acquaintance with someone they are still legally married to.
Your relationship will not be recognised as conjugal relationship until after your partner is able to provide proof that he has separated from his legally married spouse and established a new conjugal relationship with you. Even if your partner’s wife knows about you and you may have known each other for awhile, this is not sufficient proof. You must be able to prove that your partner has not resided with his legally married spouse within the last 12 months and that they are not intimately involved.
It is critical that you both understand your responsibilities regarding sponsorship. In addition to agreeing to support you monetarily, your sponsor must also guarantee that you will not end up becoming a financial liability for the Canadian government. This undertaking will last for at least three years. This implies that your boyfriend or spouse may be legally obligated to compensate the government for any expenses incurred if you get government help during that limitation period.
You both have additional conditions to take into account such as that within the last three years, your partner cannot have sponsored someone else to become a permanent resident; he must not have neglected to pay a court ordered family support payment such as spousal or child support Your obligations are to ensure that you pass the criminal, medical, and security background checks that are part of the assessment.
I strongly recommend that you retaina lawyer to represent you, as there are some other factors to consider, especially since your visitor’s visa was denied. A skilled immigration lawyer will be able to assist you to simplify the process.