Same-Sex Immigration for Gay and Lesbian

Canada has some of the most gay, lesbian, bisexual, and transsexual/transgender friendly immigration laws in the world. Many gay, lesbian, bisexual, and queer singles and couples move to Canada each year to enjoy improved civil rights, benefits, and the protections of a tolerant society. Same-sex marriage is legal in some provinces and territories and the government is planning to implement it nationwide in the near future.

There are two primary ways to immigrate to Canada - being sponsored by your Canadian partner or applying to immigrate based on your own merit to obtain permanent resident status. Once you become a permanent resident (landed immigrant) of Canada, you could apply for Canadian citizenship in three years.

Family Class :
If you have a Canadian partner (including a permanent resident of Canada), you may be able to get sponsored as a spouse , common-law partner , or conjugal partner . If you marry your Canadian partner in a province or territory where same-sex marriage is already legal (British Columbia, Ontario, Quebec, Manitoba, Saskatchewan, Nova Scotia, Newfoundland provinces and Yukon territory), your spouse can sponsor you. Common-law partners are similar to domestic partners and are defined as a life partners who have been living together for at least one year. So if you have been living together with your Canadian partner continuously for at least one year, he/she could sponsor you as his/her common-law partner. A conjugal partner is like a domestic partner/common-law partner but no cohabitation is required. Conjugal partners can be a couple who maintain the life partner form of relationship for at least one year but are unable to live together. The separation may be due to visa requirements or restrictions, or fear of prosecution of homosexuality, common in some countries.

Bi-national Couples:
Many Bi-national couples immigrate to Canada as skilled workers, entrepreneurs, investors, or self-employed. Immigrating to Canada to be together is an option since many countries do not recognize same-sex relationships and do not allow a gay person to sponsor his/her same-sex partner for immigration. For example, a Japanese and American gay couple can submit the same Canadian immigration application. They can choose either person as the principal applicant and list his partner as his common-law/domestic partner. If a couple has been living separately (due to visa requirements and restrictions), the principal applicant is unable to include his/her partner as a common-law partner in the application. The principal applicant needs to apply by himself/herself and become a permanent resident of Canada; then, he/she can sponsor his/her partner under the Family Class category. Of course, a couple can submit separate immigration applications if they both qualify individually.

Please fill out Free Assessment and to see if you can immigrate to Canada.