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Kellerina
Kellerina
Same Sex Marriages and Immigration Policies

I am a bit confused as to how exactly the immigration laws work here in canada. I am not very familiar with all of the policies and maybe some of you fabulous TIG members can help me. My best friend is a homosexual male from Mexico. He came to Canada as a refugee in 2002. It has taken him two years to finally get a trial and what not to plea his case and basically convince the panel of judges why he should be allowed to stay in this country. During his time here he has established wonderful relationships and accomplished things that he may not have been able to back at home. Among one of the things he did while he was here was he fell in love and got married. I am well aware that not everyone agrees with same sex marriages due to religious or moral constraints and that's ok. I happen to be a supporter and was one of the two witnesses at his wedding. I am a supporter of happiness. I am happiest when i know that those around me are happy also. So my question is: Why is it that a legally married man has been sent away to go and live in the country he came from, away from his husband who is a canadian citizen? If they were a couple of heterosexuals would the outcome have ben the same? Why does the law apply to some and not all? Or am i wrong? Do i have the policies confused? Or is it that change is a slow process and the definition of marriage was changed to allow marriage between persons of the same sex but all the other policies involving spouses are yet to be changed? If anyone has any information about this topic that could shed some light on some of my questions please feel free to leave me a mesage because the scene i saw in the airport yesterday was one of sadness and devastation. Two people forced to seperate. It tore my heart in two. He is my bestfriend and i love him dearly. I miss him terribley. All i want is to know what could justify this because i am really confused.

January 12, 2005 | 11:39 PM Comments  0 comments

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taikod Terri Willard
January 13, 2005 | 1:45 PM

Immigration decisions depend on the class of immigration which you apply under. Since he applied as a refugee, his case was heard under those rules. Basically, the Canadian government does not believe that the situation in Mexico is SO bad that his life would be threatened if he returned there. He just didn't qualify for the refugee status he applied under (which is the ruling for 75% of gay Mexican refugee applicants). The Globe and Mail wrote a pretty good article on this last April, but you have to pay for it online. If you Google "Canada gay refugee" though, you can find reprinted versions online as well as other articles.

However, if he were to apply again as a "family class" immigrant, he would likely have a good chance at success. Under this classification, his spouse in Canada would take responsibility for ensuring his financial well-being in Canada for a certain length of time (usually 3-10 years).

Yes, it does mean starting the process over and paying more fees. I'm just surprised that no one ever suggested to your friend to initiate this process as soon as they got married!!

Your friends should contact LEGIT for more information in trying to understand what has happened and what their options still are.
Kellerina Kellerina
January 13, 2005 | 3:19 PM
Thank you soooo much!
Finally someone has said something that makes sense!! We were not aware of any of that, and have been very ill informed since day one. He has gone through more than one lawyer, and it seemed that everyone was saying something different. This made it all very confusing. We didn'y know what was right orwrong anymore. But your comment has gotten me very excited about what we should do next. Thank you sooo much. I can't wait to tell him what you've informed me of. :) Thanks Again!
greyarmadillo Vivek
January 14, 2005 | 9:38 AM

Well... I'm sorry that you are upset that your friend had to deported back.But looking at the larger picture it basically defines Canadian policy towards same-sex marriages. What I mean is although lawmakers in Canada may have allowed same-sex marriages, they do not want potential immigrants to take asylum in Canada on this pretext. Which is quite understandable considering the fact that Canada's birth rate is gradually decreasing and its death rate is on the rise, and this trend has existed for most of the last decade!
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