Our office is no longer doing immigration cases.  The information on this page is designed to help you find the right resource if you want to immigrate to Canada. 
Immigration for Queers

If you are the same sex partner of a Canadian citizen or permanent resident, your partner can sponsor you to become a permanent resident.                                                                  
This page
- lets you request an individualized assessment of your situation
- tells you what the rules are to be an eligible partner
- tells you the difference between in Canada and out of Canada applications
- links you to a booklet containing more information

If you are partners and one of you is a Canadian citizen or permanent resident, here is how spousal sponsorship works: 

Partners of Canadians
Your partner is your "spouse" for Canadian immigration purposes if
  1. You are married, OR
  2. You have lived together for at least 12 months (which makes you a ‘common law spouse’ under Canadian immigration law) OR
  3. You have a relationship of at least 12 months but you cannot live together - for example because of homophobic laws or religions in the country of the non-Canadian - which makes you ‘conjugal partners’ under Canadian immigration law)

 Sponsoring your Non-Canadian Spouse or Partner

If you are a Canadian citizen or permanent resident who has a non-Canadian partner, you can sponsor your partner to come to Canada.

There are different procedures depending on whether your partner lives in Canada with you, or is outside the country.

What if I or my Partner is Trans?

Happily, gender identity does not affect anyone's eligibility to be a sponsor, or to be sponsored, for permanent residence.
​
In Canada applications

To qualify to make an in-Canada application
  1. your partner must be 'legal' in Canada, ie as a student or a visitor etc.
  2. you must have been living together for 12 months at the time that you submit the application
  3. your partner must be living in Canada when the application is submitted, and when it is approved.
If your partner's visa is about to expire and you do not yet have 12 months' cohabitation, you can apply for an extension of your visitors visa so that you will have an opportunity to apply as a spouse; this will probably be granted.

Your partner may be inadmissible if s/he has a criminal record. The question of whether a particular criminal record will make a person inadmissible is complicated and requires individual assessment.

Your partner will never be inadmissible because of having a medical issue.  Unlike every other category of immigrants, spouses are exempt from medical inadmissibility rules.  That means, for example, that your partner can have HIV and still be admissible.

Your application for permanent residence will be processed in Canada.

The process of making the application is to gather documentation to corroborate the period of time that the two of you have been together. We can help you to determine what collection of documents will make a convincing application. It is of course also possible to come to Canada and marry, and to rely on the marriage certificate to demonstrate the seriousness of your commitment to each other.

A big advantage of an in-Canada application is that your the non-Canadian can apply for an open work permit at the same time that the application is submitted.  The work permit, which can be used with any employer, usually takes about 4 months to arrive. 

Out of Canada applications

If you and your non-Canadian partner have been together for more than 12 months, but are not living together currently, you may be able to sponsor your partner to come to Canada as your ‘conjugal partner’. An example would be a couple who met online, and have visited each other and know that they are committed to each other, but who have not been able to live together because of the homophobic laws in their country; and you applied but were refused a visitor visa by Canada.

The same assessment rules apply to an out of Canada application.  The only difference is that the application will be processed outside the country.

Once again, you will be required to demonstrate by corroborating documentation how long your relationship has lasted. And you can support your application by getting married.

Children

Your partner's minor children are entitled to be included on your application form. 

Other Kinds of Immigration
You may be eligible to immigrate to Canada if
  • lesbians, gay men, bisexual and/or transgender people experience persecution in your home country (for example if it is illegal to be gay):  in that case you may be eligible to immigrate to Canada as a refugee.  For more information go to https://www.rainbowrefugee.com/ 

  • you have skills that Canada needs: in that case you may be eligible to immigrate as a skilled worker.  Contact one of the lawyers below.  

More Help

Queer lawyers who are skilled in spousal sponsorship applications:
Kay Scorer    (scorer@scorerlaw.ca)
Rob Hughes (outlawimmigration@me.com)
Marina Sedai (consult@sedailaw.com) 

For more information, read our booklet about spousal sponsorships.

Immigrating to the United States?
Since Obama changed the immigration laws in the U.S., married Americans can sponsor their same-sex spouses.  For details, go here.
What our Clients Say
When my partner Bryce and I decided to immigrate to Canada in 2005 barbara findlay worked tirelessly on our behalf for almost seven years.  Though we were initially rejected for permanent residency she persisted, and first secured a temporary resident permit, and ultimately my permanent residence.  More than that, she became our dear friend.  When Bryce became ill and died she was there for us as she visited Bryce regularly in the hospital and stood by me through my dark days of grief.  She will always have a special place in my heart.
Rick Newbury



Picture
Dan Magadia, proud Canadian citizen, became a permanent resident sponsored by his Canadian partner Neil Lees, and then  obtained citizenship.
We have been representing queers in spousal sponsorship applications since 1992.

Our success rate is 100%.
Copyright barbara findlay 2019 ©
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