Question for our Canadian friends

[bubie2.5]

Can a gay American couple seek asylum in Canada based on the discrimination they're beeing subjected in their homeland?

Luckily my partner is from Spain, so we are in the middle of a big move there next year, I've already permanently moved out of the states, waiting for some property there to be sold and that will be it! But I'm worried for my best friend, he's American and in a long distance relationship with a great man from India, is that an option for him?

 

[ChrizJen]

Congratulations to you!!

That's a great question!
My partner and I were wondering that ourselves.
The only catch I would see in the whole thing would be that there still ARE places here in the U.S. that we can go. The problem I have with that loophole is that if I'm going to move from my home to a place in search of asylum, I want it to be a place where I know that the government is on my side, and nothing that a hateful majority could do would possibly take that away from me!
Canada sounds like that place!!

 

[jlewisinsyr]

Fight or Flee...I choose fight.

 

[glenpreece]

I am not sure if you'd be allowed to just move up here. I imagine it would be easier than one of us trying to move to the US.

 

[DVC~OKW~96]

Interesting conversation.

I don't know a thing about asylum. Perhaps it's time to learn, eh?

 

[padalyn]

Interesting conversation.

I don't know a thing about asylum. Perhaps it's time to learn, eh?

it mightbe.

 

[NikkiPants]

My friend Niles and his husband Thiago are trying to move to Canada from the States. They've been trying for like a year and have been on this waiting list thing. You have to fill out a ton of paperwork and then if they approve you, you get to be on the waiting list. They're still waiting now, I think.

 

[merryweather20]

I would sincerely doubt it. There are frequently articles in the paper about people that got denied asylum because their situation wasn't dire enough. Including the lovely woman that cut my grandmother's hair, when she came to Canada her country was in a state of war. She would have been granted asylum at that time, but obviously had to have her paper-work processed. By the time it was processed, they felt her country was on the mend "enough" that she should be sent "home".

I've read on the DIS a number of times that the regular process was incredibly difficult, but about 70% of my office is made up of new Canadians. None of them seemed to think the process was incredibly difficult, the only thing they complain about is the government getting their birth-dates wrong.

 

[Disney_Villain]

(Speaking as a Canadian, quoting Citizenship and Immigration Canada.)

Emigrating to Canada is viable . . . if you meet the criteria:

http://www.cic.gc.ca/english/immigrate/index.asp

Refugee status through asylum is another story. It would probably not be easy, but that is decided case-by-case so it is hard to comment on. Descrimination based on sexual orientation is mentioned, but the implied part is that one would fear persecution or physical harm:

http://www.cic.gc.ca/english/refugees/index.asp

 

[hematite153]

(Speaking as a Canadian, quoting Citizenship and Immigration Canada.)

Emigrating to Canada is viable . . . if you meet the criteria:...

Yeah, I know several Americans who live permanently in Canada and they describe the emigration process as having been reasonably easy. The catch to "easy" is that it is a comparative word. You will have to fill out LOTS of paperwork, you will have to wait for clearances, you may need an FBI criminal record check (depending upon the type of job you do) and you may have what feels like a long wait. But, if you are trained in one of the fields where Canada is short on professionals it seems your chances of success are good. Check all of the links looking for your profession...different regions have different needs.

 

[Sillyminny40]

We need more people in Canada! Lots of space and we don't care about sexual orientation (at least most of us) just as long as you are polite and can say "eh".
(Now that is a stereotype)....but try a winter in Winnipeg first! A warm sweetheart is a must as well.

You really have a good op at immigration by looking at what Disney Villian has posted.

 

[Salinger]

Just a reminder that there are no residency requirements for marriage in Canada. Two people, from two different countries (neither of which are Canada) would have no problem getting married here.

I am not going to pretend to know anything about our immigration policies, but I would think if you came here on vacation, got married, and include in your application for permanent residency that your home country refuses to recognize your legal marriage, well ...it couldn't hurt.

 

[padalyn]

Just a reminder that there are no residency requirements for marriage in Canada. Two people, from two different countries (neither of which are Canada) would have no problem getting married here.

I am not going to pretend to know anything about our immigration policies, but I would think if you came here on vacation, got married, and include in your application for permanent residency that your home country refuses to recognize your legal marriage, well ...it couldn't hurt.

Not that this is a good source of information, but on Queer As Folk there was an episode where one couple (I don't recall who) did just that...ran into a huge mess at the border. I don't know of anyone personally who has tried it, but I can imagine that the gov't won't recognize it federally, so the state will stand on that decision I guess.

Oh well....Maybe I am just going to have to move.

 

[hematite153]

Not that this is a good source of information, but on Queer As Folk there was an episode where one couple (I don't recall who) did just that...ran into a huge mess at the border. I don't know of anyone personally who has tried it, but I can imagine that the gov't won't recognize it federally, so the state will stand on that decision I guess.

Oh well....Maybe I am just going to have to move.

Actually, there's a long-standing US federal statute that says that marriages performed on foreign soil according to the laws of the foreign country are recognized by the US government. The NY State Supreme court ruled that DOMA doesn't over-ride this statute and that NY couples married in Canada must be granted the full rights of marriage. (As far as I know nobody has taken this challenge to the courts in other states.)

 

[DVC~OKW~96]

Micahel and Ben. In Queer as Folk, I mean. Michael Novotny and Ben Bruckner were the characters married in Toronto, and when they filled out the forms to re-enter the US, they filled out one form as a family. The boarder guard rejected it saying the US didn't recognize such marriages and they'd each need to fill out a single document. Good statement on our world today. Sad that that episode was filmed several years ago now. (Fourth season, making it somewhere around 2004 give or take).

Yeah, I know. More info that you wanted. LOL.

I did wonder about that though. How can the US decide which foreign marriages to pick and choose from? I mean, how can the US say to opposite gender couples, "Yep! You are married in the laws of your land and our land," yet say the exact opposite to same gendered couples. I just do not understand how the US can get away with that?

 

[hematite153]

Micahel and Ben. In Queer as Folk, I mean. Michael Novotny and Ben Bruckner were the characters married in Toronto, and when they filled out the forms to re-enter the US, they filled out one form as a family. The boarder guard rejected it saying the US didn't recognize such marriages and they'd each need to fill out a single document. Good statement on our world today. Sad that that episode was filmed several years ago now. (Fourth season, making it somewhere around 2004 give or take).

Yes, in the early days of equal marriage in Canada the US border guards were being jerks about it--I had one tell me that I'd better not mention that I was married to my DW or I'd get refused access to the US. (I'm a US citizen!)

But, now, I always fill out a single form for my DW and I as a family and I haven't had it refused in years.

I did wonder about that though. How can the US decide which foreign marriages to pick and choose from? I mean, how can the US say to opposite gender couples, "Yep! You are married in the laws of your land and our land," yet say the exact opposite to same gendered couples. I just do not understand how the US can get away with that?

I don't think they can. That's why the case that went to the NY Supreme Court won. But, people want to get married at home (or at least in their home country).

 

[hematite153]

I stumbled across this website today and thought of this thread. Some of their information appears a little out-of-date, but, they link you to the official immigration website and their information is more clearly laid out for someone who is just beginning to explore the idea of immigration.

 

[bubie2.5]

I stumbled across this website today and thought of this thread. Some of their information appears a little out-of-date, but, they link you to the official immigration website and their information is more clearly laid out for someone who is just beginning to explore the idea of immigration.

Thanks for the link, I'll pass it on.