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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101436
Experience:  Lawyer
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My boyfriend recently moved to Canada .. We are a gay couple

Customer Question

Hi , my boyfriend recently moved to Canada for work .. We are a gay couple from India and would like to get married and stay together in Canada for the duration of his work contract . But don't know how to go about it . I'm wondering if you could help . Thanks .
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

I cannot act for you but I can provide you with the legal information you need. Will that help?

Customer: replied 2 years ago.
surely, I only need the information . I understand that I will have to file my own papers .
So to make matters more clear so that it can help you in giving me the correct information ,I'm noting some points below :
1) my boyfriend and I both are Indians
2) he's working in Canada under a contract till 2017
3) as of now I'm still in India
4)we would like to get married
5) if possible , legally , then I would like to spend that time with him as his spouse in Canada till the expiration of his contract , after which ,when we return to India .
6) I do intend to visit him these holidays for a couple of months , but this time only as a tourist , since I have to be back in India post that ,and also as I'm assuming that this process of filing papers and legally being able to stay with him as his spouse would take time , so I'm only looking at joining him next summer if we start the process now .
So these are the points that come to mind for me. Let me know if you need any additional info .hope you can help .
Thanks .
Expert:  Debra replied 2 years ago.

I have one further question for now.

Would you like to get married in India or in Canada?

Customer: replied 2 years ago.
Surely , you must know that we can't get married in India . Homosexuality is illegal in India . That's why my question requires a very specific legal response . Thanks.
Expert:  Debra replied 2 years ago.

I don't know the law in India.

You can get married in Canada quite easily. There are no residency requirements.

The only issue that you may have is trying to prove that you will not overstay your visit. You have to prove that you are not going to get married and then try and remain in Canada. So you will have to prove strong ties to your home. These can include proof of employment, proof of a home, proof of family, ties to the community etc.

So you can marry, then go home and then have your spouse apply to add you to his work permit and then you can come to Canada and then apply for an open work permit if you like.