Canada Welcomes Lesbian and Gay Couples!
If you are the same sex partner of a Canadian citizen or landed immigrant
= OR =
If you are a same sex couple, and one of you qualifies to immigrate to Canada, you can BOTH immigrate TOGETHER to Canada as spouses.
This page outlines the process for Non-Canadian Lesbian and Gay Partners, and the process for Partners of Canadians.
You can get a free individualized assessment by emailing or phoning the office.
1. A Gay or Lesbian Couple who are not Canadians and want to Immigrate together to Canada
The first step is to establish that one of you is eligible to come to Canada as an individual. The most common way to do this is to apply as a skilled worker. To see whether you will qualify as a skilled worker, take our free test.
In addition to coming to Canada as a skilled worker, you can apply as an investor, an entrepreneur, or a self-employed person.
An investor must demonstrate a net worth of $800,000 and be prepared to invest $400,000 with the Canadian government.
An entrepreneur is someone who comes to Canada to run a business and benefit the Canadian economy. In order to qualify, you must be able to demonstrate a net worth of $300,000, and business experience, and your entry to Canada will be subject to a condition that you establish and run a business in Canada.
A self-employed applicant for immigration is usually either a performer, an artist, or a farmer.
Information about the categories of investor, entrepreneur, or self-employed individual is available by emailing or calling our office.
If you achieved 67 points as a skilled worker, the second step is to determine whether your partner is eligible to come with you as your spouse.
Your partner is your "spouse" for Canadian immigration purposes if
(It is also sometimes possible to argue that you have been in a 'common law relationship' if you have been unable to live together by the homophobia of your country.)
Suppose you and your partner have been living together and working in your home country - the USA, for example. One of you qualifies as a skilled worker. As long as you have lived together for a year, you can submit a joint application. One qualifies as a skilled worker; the partner qualifies as a common law spouse.
Suppose you have been in a long distance relationship - your partner lives in another country. You qualify as a skilled worker. You and your partner have not been able to live together for one year, because neither of your countries would offer a visa for that period of time, or because you could not afford to have both of you not working, or for whatever other reason. If you come to Canada and marry, you are then entitled to bring your partner to Canada as your spouse when your application for permanent residence is approved.
Note: If you or your partner has an illness which might be a public health risk or a drain on Canada's health care resources, neither of you will be admitted. At the moment, if you are HIV+ and taking antiretrovirals that probably means you are inadmissible, because of their cost. But check with me to discuss your particular situation.
And you will both be disqualified if either of you has a criminal record, unless the nature of the offence and the length of time since it happened entitles you to apply for rehabilitation.
Next Steps
Complete the test and send the results to me, along with a description of your relationship with your partner, and I will be able to tell you if you are likely to succeed in an application for permanent residence.
2. Sponsoring your Non-Canadian Spouse or Partner
If you are a Canadian 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.
In Canada applications
To qualify to make an in-Canada application
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. But s/he won't be inadmissible because of having a health problem, unless the health problem might be a public health risk. 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.
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 can 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.
The same rules apply to that application, but 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 minor children, or those of your partner, are entitled to be included on your application form.
To ask about your own situation, send me an email.
Implications for Americans
To learn about the implications for American citizens of marrying in Canada, click here.
