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.
- 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
Link here to the free Immigration Assessment for spousal sponsorship
NOTE THAT WE DO ONLY DO SPOUSAL SPONSORSHIP CASES WHERE ONE SPOUSE IS A CANADIAN CITIZEN OR PERMANENT RESIDENT. WE DO NOT DO OTHER KINDS OF IMMIGRATION, OR REFUGEE WORK.
If you want to consult a queer lawyer for an immigration case, email Marina Sedai, firstname.lastname@example.org. She's awesome.
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
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
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.
Your partner's minor children are entitled to be included on your application form.
Since 1992, our success rate in representing same sex partners for permanent residence is 100%.
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.
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%.