We are a same sex couple from New York and wish to immigrate to Canada. How can this be achieved?
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For years, Canada has recognized the validity of same sex relationships and considers them on equal par with more traditional family unions. If you are married as a same sex couple or have been in a common law or conjugal relationship together for one year or longer, you could be eligible for sponsorship under the Family Class. If your partner and yourself are neither Canadian citizens or Permanent Residents of Canada, it may be possible that one of you may qualify under the Canadian skilled worker category and the other can apply as a dependent spouse.
In most states in the US and in other countries, same sex marriage is prohibited. Here in Ontario, same sex couples can indeed get legally married. However, whether you are legally married in Canada or elsewhere, you can file for sponsorship or otherwise consider a common law or conjugal application.
Same sex immigration applications are supposed to be treated in the same manner as all other applications. However we have found that generally a higher level of scrutiny is often applied to these applications. Therefore it is very important to document your relationships very well in preparation for your applications. This immigration office sees a great deal of same sex cases and, like other immigration applications, there is no substitute for well-prepared applications and applicants.
President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
