# Same-SEX partners Migration



## Haroon18 (Mar 19, 2012)

I want to migrate to Canada with my partner (we have been in a relationship for 4 years). 
Now, neither of us have a Canadian residency. We are living in 2 different cities, because in Pakistan, being Gay is a crime, let alone having a healthy relationship and living together. We have to hide our relationship from our families too, because of the reason that people do not recognize same sex relationships. 
We do not see our future together in Pakistan, because the law and neither the society recognizes it. 
Now my question is : How can we both apply for Canadian Immigration if we both are not Canadian Residents ? 
and what are the requirements?
(it may be noted here that due to the certain conditions in Pakistan, we do not have anything joint ( accounts in bank or stuff like that) )


----------



## Auld Yin (Mar 10, 2009)

Unless you have an occupation on THE LIST or pre-arranged employment you are ineligible for immigration to Canada. However given that you and your partner could face persecution for your sexual persuasion in Pakistan I believe you could enter Canada and claim Refugee status.


----------



## Haroon18 (Mar 19, 2012)

*Conjugal Visa*

I am a chef by profession and have been associated with the industry for the past 7 years. ( i am working in a catering company) 
Kindly guide me what kind of documents would we be requiring to enter Canada as refugees.. 
and what would be the first step ( I tried free assessment test online, but I failed in it ).. 
I want to live with my partner like any other hetro couple. But it seems to be impossible in Pakistan , because Religion, social norms and Law do not recognize Gay marriages. 
Plz help. His family and my family are forcing us to get married to girls. and I cant imagine my life without my partner.. 
I m desperately in need of some hope that we two could be together..


----------



## EVHB (Feb 11, 2008)

Maybe you can do some reading to get insight:
The refugee system: Resettlement from outside Canada
The unbearable burden of proof: the re-victimization of gay asylum-seekers by the courts – Legal Frontiers: McGill's Blog on International Law
Gertler & Associates - Toronto Immigration Laywers for Refugees to Canada
Egale Canada > Bill C-11: the Immigration and Refugee Protection Act

These are some pdf files, don't know how to link to these, so you should use google to find them:
- Coming out to Canada: the immigration of same-sex couples (a publication of University of Toronto)
- Overview of Canadian immigration laws and policies on HIV (they mention gay pers

disclaimer: I don't know any of these organisations/lawyers/... so I don't know if they are correct in their business!
But I wish you good luck and a lot of strength.


----------



## Auld Yin (Mar 10, 2009)

Haroon18 said:


> I am a chef by profession and have been associated with the industry for the past 7 years. ( i am working in a catering company)
> Kindly guide me what kind of documents would we be requiring to enter Canada as refugees..
> and what would be the first step ( I tried free assessment test online, but I failed in it )..
> I want to live with my partner like any other hetro couple. But it seems to be impossible in Pakistan , because Religion, social norms and Law do not recognize Gay marriages.
> ...


There is no special documentation required. All you need is to get yourselves to Canada and tell the Immigration Officer on your arrival that you wish to claim Refugee Status. Canada is regarded as a world leader in its treatment of gay persons. They are legally permitted to marry here and prejudice levels are low. Much good luck.


----------



## Haroon18 (Mar 19, 2012)

*Conjugal Visa*

So if we wish to apply for the refugee visa over there at Canada, what kind of visa should we apply for, from Pakistan ? Because Pakistanis are not allowed to travel to Canada without a visa.


----------



## Auld Yin (Mar 10, 2009)

You will need a visitor visa but you will need to convince the visa officer that you're only going to visit or you will be refused. It will not not easy.


----------



## Haroon18 (Mar 19, 2012)

Ok. So once we get there, we can tell the Immigration officer the actual reason for our visit , yes ?? 

Wouldn't the Immigration officer ask for some proof ? Proof of us being together and all that.. I mean they are not going to take our word for it, r they?


----------



## Auld Yin (Mar 10, 2009)

Haroon18 said:


> Ok. So once we get there, we can tell the Immigration officer the actual reason for our visit , yes ??
> 
> Wouldn't the Immigration officer ask for some proof ? Proof of us being together and all that.. I mean they are not going to take our word for it, r they?


Once you arrive and claim Refugee Status you will be put on an investigation basis until they are convinced that sending you back may place you at risk for your lives. This may take some months but until decision made you will probably be released into the general population of Canada, and provided with emergency funds and free healthcare. Canada has undoubtably the most generous refugee policy in the world.


----------



## Haroon18 (Mar 19, 2012)

Could u kindly explain the investigation part? What kind of investigation would they be doing ? Would they be asking our families? or the govt ?


----------



## Auld Yin (Mar 10, 2009)

No, I don't believe the families or the Pakistan government will be contacted. They will investigate by asking questions to ensure your claims are valid. If you have photographs of you both together that might convince them you are partners.


----------



## Haroon18 (Mar 19, 2012)

Ok.. So we will be needing supporting documents to prove that we are a genuine couple.. 

What kind of claims can we make ? 
There are Religious restrictions
There are social restrictions
There are restrictions in Law.. 
Actually all the above three are affecting our relationship. So can we claim about all the three factors?
And yeah , we do have pictures..


----------



## Auld Yin (Mar 10, 2009)

You have to understand that Canada experiences many refugee claims each year so your situation is quite familiar to them. They will know the barriers/threats homosexuals face in a Muslim country. Let me assure you will not be sent back on the first plane out and you will be provided with legal assistance during the decision making period. If what you're saying is true, and I have no reason to believe otherwise, there is no doubt you will eventually be granted permanent residence in Canada.
I wish you much Good Luck. When, not if, you get here you will absolutely love it. It is one of the finest, most generous/compassionate countries in the world.
Let me also congratulate you on your command of English language.


----------



## EVHB (Feb 11, 2008)

Why don't you try the Federal Skilled Worker visa? You say you are a chef? They are on the list of people who can get a visa if you qualify. More info: Eligibility criteria for federal skilled worker applications as of July 1, 2011
◦6241 Chefs Unit Group
◦6242 Cooks
Unit Group


----------



## Haroon18 (Mar 19, 2012)

Thank you.. Thank you so much for assisting me. and guiding me. You have no idea how relieved I m now. I felt I was going into a darker place and I won't be able to live my life the way I want to, but you have shown me a ray of hope.. and We both thank you for that.. 
We will surely keep those points in mind..


----------



## Haroon18 (Mar 19, 2012)

EVHB, I could apply for Federal Skilled Worker. I have calculated the points too. and I passed. But I do not have that much amount of money mentioned in the Immigration site. 
And my sole reason for going to Canada is to be with my beloved. I am earning well here. I have a sound income, that any straight man would love to have. But we need our peace of mind. We dont have freedom and the right to choose.. 
When we decided to go to Canada, the first way that came into our minds was applying for Immigration. But unfortunately, we dont have that much of amount..


----------



## Haroon18 (Mar 19, 2012)

We did try for calculating points for Immigration .. Sorry I wrote it wong.. I didnt think of Federal Skilled worker visa..


----------

