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-   -   Same sex immigration - where? (https://www.flyertalk.com/forum/glbt-travelers/1290697-same-sex-immigration-where.html)

Morland Dec 13, 2011 8:25 am

Same sex immigration - where?
 
My small company has just been taken over by a huge company. My job is being eliminated and it's likely that there will be no suitable job in the UK for me.

My new company has lots of opportunities all over the world and are keen that I discuss relocation opportunities with them. But I am partnered and have been for 20 years and don't really want to start a long-distance relationship. We have a UK civil partnership so our relationship is legally recognised in some countries. My partner is lucky in that he doesn't need to work (while it would be useful, it's not essential) so he's not looking for work authorisation, only right of residence.

Where could we go? I'd love to work in the US but know that's difficult. Canada, Australia and NZ would be OK, and anywhere in the EU is OK for us as we're both EU citizens.

I've had a hunt for online resources without much success without going through individual immigration or attorney websites. Any pointers?

Questions of cultural fit come later; at this stage I'm just trying to think through where could be on our shortlist...

peteropny Dec 13, 2011 8:28 am

I know the US is difficult. A friend of mine from BUF actually moved to Canada (still works in the US) as a "Landed Immigrant" so that his partner from Mexico could join him (I don't believe they are legally partnered/married). So Canada should work - sorry I don't really know about other countries.

briantoronto Dec 13, 2011 10:32 am

Quick search found this on Wikipedia:

http://en.wikipedia.org/wiki/Immigration_equality

Good luck!

Henwurst Dec 13, 2011 1:27 pm

Avoid the US! Things are moving forward, but currently you can not sponsor a same sex partner for immigration purposes. On top of that, assuming that one of you would become a US immigrant the other would then be assumed to have immigrant intent (=potential illegal immigrant) and may be denied entry to the country.

entropy Dec 13, 2011 1:39 pm

Canada is OK. So is Israel.... the US doesn't even let you enter on the same blue card as visitors.

knoebelsPT Dec 13, 2011 10:30 pm

I know several couples that have done this in Brazil, so that's always an option if you wanted to work in a BRIC economy.

Morland Dec 14, 2011 12:27 am

Thanks for the feedback guys, in particular Brian's link which had somehow eluded my Google searches...

It's a shame the US is closed to us, I've always wanted to work in the US and half my new company is based there, so thats where most of the opportunities are. The US will have to live without my talents a while longer :) One option is that alluded to by Peter - head office is in Seattle, so maybe there's an opportunity to be relocated to Vancouver and have me nip over the border for a couple of days a week. Not sure how Canadian or US immigration authorities would feel about that but it might be worth exploring.

Australia and NZ are the obvious options besides Canada. Brazil is an interesting possibility I hadn't thought about before. Japan I know can be difficult for outsiders but some people love it; not sure we have big business in Israel. And of course all the EU is open to us.

Well it gives me some parameters for discussions; interesting explorations to be had if nothing else...

peteropny Dec 14, 2011 9:05 am


Originally Posted by Morland (Post 17623114)
One option is that alluded to by Peter - head office is in Seattle, so maybe there's an opportunity to be relocated to Vancouver and have me nip over the border for a couple of days a week. Not sure how Canadian or US immigration authorities would feel about that but it might be worth exploring.

It shouldn't be a problem but be prepared for the border crossing each time. My friend in Buffalo works for the US Government in NY state and does the crossing each day (as a Canadian Immigrant with US citizenship) without any special status. When I worked in Buffalo, my boss was also Canadian (lives in Toronto, came to Buffalo 2x a week, originally Swiss), he had a visa through NAFTA though.

LHR/MEL/Europe FF Dec 14, 2011 2:43 pm

Asutralia is in the process of aligning many of its laws to remove sexual preference bias.

This has applied to a limited extent with immigration law. Same sex partners are now treated as de factos, with the main requirement for entry being to prove that you have been living together for a year.

This replaces the 'interdependency' visa, which also had a one year 'living together' arrangement, but was, if i understand correctly, subject to much more rigorous assessment, including needing to have photos of the two of you in social settings, and required written affirmations of your relationship from friends and family.

Economy_Gold Dec 15, 2011 4:52 pm


Originally Posted by LHR/MEL/Europe FF (Post 17627455)
Asutralia is in the process of aligning many of its laws to remove sexual preference bias.

This has applied to a limited extent with immigration law. Same sex partners are now treated as de factos, with the main requirement for entry being to prove that you have been living together for a year.

Actually, the situation is even better than you write.

Even three years ago same-sex couples were treated as "de-factos" by immigration for most (all?) visa categories.

If a same-sex couple now moves to Australia, the partner will be treated the same as a opposite-sex partner and, for example on a 457 temporary-working visa, will receive full working rights (while the 457-visa holder is bound to the employer sponsoring him for the 457 visa).

Note however, that there is a health requirement for all long-term Australian visa and this includes checking for a HIV infection. If one partner is HIV positive, this could significantly impact the visa process (but does not make it impossible to get an Australian working visa).

LHR/MEL/Europe FF Dec 15, 2011 6:29 pm


Originally Posted by Economy_Gold (Post 17634998)
Actually, the situation is even better than you write.

Even three years ago same-sex couples were treated as "de-factos" by immigration for most (all?) visa categories.

If a same-sex couple now moves to Australia, the partner will be treated the same as a opposite-sex partner and, for example on a 457 temporary-working visa, will receive full working rights (while the 457-visa holder is bound to the employer sponsoring him for the 457 visa).

Note however, that there is a health requirement for all long-term Australian visa and this includes checking for a HIV infection. If one partner is HIV positive, this could significantly impact the visa process (but does not make it impossible to get an Australian working visa).

I thought same sex was interdependency?? but if it has been de facto for some time i am happy to be wrong :)

still irks that some fat, dirty, sleazy old man can import a mail order bride or some girl he just met for money in se Asia and she gets full rights and can enter on a prospective marriage visa, but a same sex couple cannot do the same withut having to satisfy the whole one year thing and have proof of joint bills and be able to prove a commitment to each other etc etc.

clear case of discrimination.

ajax Dec 16, 2011 4:11 am


Originally Posted by LHR/MEL/Europe FF (Post 17635472)
some fat, dirty, sleazy old man


Originally Posted by LHR/MEL/Europe FF (Post 17635472)
clear case of discrimination.

Indeed.

wheresmybagba Dec 16, 2011 6:20 pm


Originally Posted by LHR/MEL/Europe FF (Post 17627455)
Asutralia is in the process of aligning many of its laws to remove sexual preference bias.

This has applied to a limited extent with immigration law. Same sex partners are now treated as de factos, with the main requirement for entry being to prove that you have been living together for a year.

This replaces the 'interdependency' visa, which also had a one year 'living together' arrangement, but was, if i understand correctly,

There are 2 different things here. The interdependency visa was for same sex partners of Australian citizens and PRs...I got mine in 2005. Nothing has really changed except everyone simply applies for a partner visa (309 or 100) instead of having different visa types.

The change I think you are referring to is that same sex partners can now be included as the dependant on other visa types where the partner (main applicant) is not an Aussie citizen or PR...e.g. skill stream visas, 457s etc...previously same sex couples had to find ways around that.

Personally I think Aus immigration has been somewhat progressive. Ahead of agencies like the tax office - despite being granted a visa based on it my relationship wasn't recognised by the ATO - we paid more tax as a result of that. I think that has now been addressed.

To the OP...getting a skilled visa for Australia would be a lengthy process. However if you have skills you may be able to find a company in Australia who will sponsor you for a 4 year temporary visa (known as a 457) - these can be obtained quickly. Later there can be options to move to a permanent visa.

LHR/MEL/Europe FF Dec 16, 2011 7:15 pm


Originally Posted by wheresmybagba (Post 17641894)
There are 2 different things here. The interdependency visa was for same sex partners of Australian citizens and PRs...I got mine in 2005. Nothing has really changed except everyone simply applies for a partner visa (309 or 100) instead of having different visa types.

The change I think you are referring to is that same sex partners can now be included as the dependant on other visa types where the partner (main applicant) is not an Aussie citizen or PR...e.g. skill stream visas, 457s etc...previously same sex couples had to find ways around that.

Personally I think Aus immigration has been somewhat progressive. Ahead of agencies like the tax office - despite being granted a visa based on it my relationship wasn't recognised by the ATO - we paid more tax as a result of that. I think that has now been addressed.

yes - that would be it! being progressive would allow same sex couple (Australian citizen) the same rights to bring in a partner based on a prospective union (let's leave out the debate on whether it has to be called marriage).

As I said - bring in a mail order bride you've never met... not a problem. Try to bring in a partner with whom you have a committed relationship but might not have lved together in the one place for a year and had a joint lease and bills... forget it.

wheresmybagba Dec 16, 2011 9:45 pm


Originally Posted by LHR/MEL/Europe FF (Post 17642096)
Try to bring in a partner with whom you have a committed relationship but might not have lved together in the one place for a year and had a joint lease and bills... forget it.

I'm not sure that's entirely true. I'd have described my evidence of 12 months as borderline (my partner and I had been living apart for 6 months when I submitted the application!)...yet I submitted my application to London and was approved about 3 days later. Never once at either stage of processing did anyone ask me a question or request any sort of information or clarification...about anything...personally I found that surprising.

I understand your point about mail order brides...but immigration can't offer anything similar to same sex couples because there is no legal union for them to prospectively enter into, not at a federal level anyway! If that changes, I'm sure immigration will catch up...for now, it's about as 'progressive' as it can be.


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