To see our website filtered by a specific destination, select the country: You are viewing content related to . To view a specific destination, . To view a specific destination, click here

Call us now at:

1.877.296.0874

Call us now at:

1.877.296.0874

Why You Will Love Canada’s Immigration Laws for Same Sex Marriage

By Michael Niren November 5, 2016 (Updated July 20, 2020) 4 min. read
Canada Same Sex Immigration

Being in a same-sex relationship presents challenges: you’re faced with prejudices of others and discrimination against you and your partner, all while trying to live as a couple and make your partnership work. And if you live in a country that doesn’t allow same-sex marriage laws, you’re most likely the target of bigotry at the very best, or criminal charges and capital punishment at the worst. Canada’s immigration laws for same-sex marriage are a boon for people in these countries. Read on to learn more about how you and your partner can make your new lives in the True North.

The Benefits of Moving to Canada for Same-Sex Couples

If you’re living in a country in which homosexuality is a crime, your very life is in danger. You can’t live freely as a gay man or lesbian woman… and neither can your partner.

You don’t even need to be from a country in which homosexual acts are criminalized. Up until 2015, not every state in the US recognized same-sex marriages. And depending on which county clerk you happened upon, your marriage might face roadblocks.

Although Canada’s same-sex marriage law faced opposition, it was eventually passed and same-sex couples from across Canada have been able to marry without issues since 2005.

Canadian Immigration Laws for Same Sex Marriages: An Overview

At the end of  June 2002, Canada enacted legislation that would enable same-sex partners of Canadian citizens and permanent residents to immigrate to Canada.

Canada has various categories of immigrants. We’ll focus on the types which are most relevant for same-sex couples.

Let’s say you and your same-sex partner were legally married. It doesn’t matter whether this marriage took place within Canada or outside of the country. What’s important is that you can produce a marriage certificate that the jurisdiction in which you were married considers legal and that Canada accepts. Canada recognizes your marriage, and you and your spouse might be legally eligible to immigrate (provided you meet other criteria).

What if you’re not already married, and you’re in a same-sex relationship? You can still sponsor your partner for immigration, provided you fulfil certain criteria. For a start, you have to be legally able to sponsor an immigrant.

There are two kinds of same-sex partners: common-law and conjugal. Common-law partners have lived together for more than a year and can prove they have joint financial records, major joint purchases (such as property). Conjugal partners have a physical relationship, but can’t live together because of discrimination (for instance, the laws in one partner’s country makes homosexuality a crime) or other barriers insurmountable except by immigration. Furthermore, the relationship isn’t solely physical – you must prove interdependence (such as joint financial records, for example).

Another way for same-sex couples to immigrate is through the economic class visa. The economic class visa is an umbrella term that includes 12 types of visas. You can come to Canada under the economic visa class if you can prove you will boost Canada’s economy by being here. Immigrants through certain types of economic class visas can sponsor their spouses or partners, regardless of their gender.

One of the categories of economic classes is live-in caregivers. The live-in caregiver program enables qualified temporary workers to come to Canada to work full-time caring for children, the disabled, and senior citizens. After living in Canada for a certain amount of time, live-in caregivers can apply for permanent residency status. The application must be submitted from within Canada. Applicants can include their partners (same or opposite sex) on their application.

Yet another category of immigrants is refugees and asylum seekers. The Canadian government defines “refugees” as those who face persecution in their own country or the country where they normally live. The person would also face persecution if he or she returned to his or her home country.

The Canadian government recognizes a few types of persecution. One of those types is membership in a particular social group, and being gay or lesbian falls into that category. While you don’t have to be out of the closet, immigration authorities will want proof that you are LGBTQ.

As an LGBTQ refugee, you may be able to apply to bring over your same-sex spouse or partner.

Choose an Immigration Expert Specializing in Marriage Law

If you’re part of a same-sex couple and one or both of you is interested in moving to Canada, you need quality legal advice. Immigrating can be challenging – there are many laws, and forms can be confusing. An experienced immigration lawyer who has helped same-sex couples immigrate to Canada will help you navigate the complexities of immigration, doing everything they can to ensure you have a successful outcome.

Are you interested in immigrating to the U.S. or moving to Canada? Contact VisaPlace today.

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.

Mark R. Post Avatar

Mark R. Post

My new life is possible because of working with Visaplace. they took my case and knew exactly how to achieve the goals I’d set for myself and my family. Kind and courteous and got the job done.

James C. Starkes Avatar

James C. Starkes

I got my US L1 Visa through them, pretty smooth process. We weren’t sure they’d take our case as we had some issues with retrieving some documents, but they worked with us on getting everything we needed. Recommend.

Michael H. Perry Avatar

Michael H. Perry

I express deep appreciation to VisaPlace for their unwavering commitment in securing my visa successfully. Their unmatched professionalism has left me thoroughly satisfied with the results.

Severina Tedford Avatar

Severina Tedford

Allow me to express that our case proved to be more complex than initially anticipated. However, Aisha and Reena provided unwavering support throughout the entire process. At each juncture, they offered clear guidance on necessary actions, guiding us through the intricacies we couldn’t navigate independently. While the procedure proved more intricate than expected, our legal team maintained close communication, ensuring we were well-informed and adequately prepared. Confronted with challenges, they approached them with a positive attitude, instilling confidence through their professionalism and competence. I wholeheartedly recommend their services. While moments of stress were inevitable, their assurance and ability to convey that confidence were instrumental. Reflecting on the experience, I am certain we would not have succeeded without their assistance, or at the very least, the journey would have been significantly prolonged.

videos download Avatar

videos download

Very impressed. We had an application that was not straightforward, but our legal team put us at ease at every step of the way. I can’t imagine what the process would have been like without their help. Highly competent and reliable. If you’re trying to avoid a lot of headaches and grief, this is the firm you want in your corner.

John E. Raabe Avatar

John E. Raabe

I extend immense gratitude to VisaPlace for their dedicated efforts in successfully obtaining my visa!! Their unmatched professionalism has left me absolutely satisfied with the results.

Daniel Amoakoh Avatar

Daniel Amoakoh

VisaPlace offers professional guidance that will lead to successful visa acquisition and immigration to North America if obeyed. The staff is very caring and thoroughly discusses your case to find the best path for your application. My favorite is Mansi Sanghvi. I appreciate your support, VisaPlace.