How to Bring My Same-Sex Partner to Canada
Canada has been a pioneer in recognizing and supporting same-sex relationships, providing equal rights and opportunities for LGBTQ+ individuals. If you are in a same-sex relationship and wish to sponsor your partner to Canada, it's essential to understand the different sponsorship categories available.
There are 3 main categories of application for Canadians or Permanent Residents wishing to bring their partner to Canada:
1. Spousal sponsorship allows Canadian citizens and permanent residents to sponsor their same-sex foreign partners for permanent residence in Canada. Here's an overview of the spousal sponsorship category:
Definition of Spouse: In the context of same-sex relationships, a spouse is defined as a legally married partner.
Eligibility Criteria: To be eligible for spousal sponsorship, you must demonstrate a genuine relationship with your same-sex partner and meet the requirements set by Immigration, Refugees and Citizenship Canada (IRCC). These requirements include being at least 18 years old, being a Canadian citizen or permanent resident, and not being inadmissible for various reasons outlined by IRCC.
Documentation: You will need to provide supporting documents to prove the authenticity of your relationship, such as marriage certificates, joint bank accounts, shared assets, photographs, and affidavits from friends and family attesting to the genuineness of your relationship.
Application Process: The sponsorship process involves an online application that takes approximately 1.5 years to approve.
2. If you and your same-sex partner have been in a committed and exclusive relationship, living together for at least one year continuously, you may be eligible for common-law sponsorship. Here's an overview of the common-law sponsorship category:
Definition of Common-Law Partner: In the context of same-sex relationships, a common-law partner is someone with whom you have a conjugal relationship and have lived together continuously for at least one year.
Eligibility Criteria: Similar to spousal sponsorship, common-law sponsorship requires you to meet the eligibility criteria set by IRCC. This includes being at least 18 years old, being a Canadian citizen or permanent resident, and demonstrating a genuine and committed relationship.
Documentation: You will need to provide evidence of your one-year cohabitation, such as shared leases, joint bank accounts, utility bills, joint financial obligations, and any other documentation that supports the authenticity and commitment of your relationship.
Application Process: The application process for common-law sponsorship is similar to spousal sponsorship. You will need to submit a sponsorship application to IRCC and demonstrate that you are in a common-law relationship and that your relationship is genuine.
3. In certain cases, same-sex partners may not meet the requirements for spousal or common-law sponsorship but can still apply under the conjugal sponsorship category. Conjugal sponsorship is intended for partners who are in a committed and exclusive relationship but face significant obstacles to living together due to legal or immigration barriers. Here's an overview of the conjugal sponsorship category:
Eligibility Criteria: To be eligible for conjugal sponsorship, you must demonstrate that your relationship meets specific criteria defined by IRCC, such as a genuine and committed relationship, inability to live together due to circumstances beyond your control, and the existence of a mutually interdependent relationship.
Documentation: You will need to provide extensive documentation to prove the authenticity of your relationship, including correspondence, financial support records, proof of visits, evidence of joint decision-making, and any other relevant documents that establish the commitment and interdependency of your relationship.
Application Process: The application process for conjugal sponsorship is similar to spousal and common-law sponsorship. You will need to submit a sponsorship application to IRCC and demonstrate the bona fides of your relationship.
Canada's commitment to inclusivity and equality extends to same-sex sponsorship, allowing LGBTQ+ individuals in same-sex relationships to sponsor their partners for permanent residency. Whether you are legally married, in a common-law partnership, or face barriers to living together, there are sponsorship options available. By understanding the spousal, common-law, and conjugal sponsorship categories and following the application process diligently, you can navigate the process successfully and build a future with your same-sex partner in Canada.
At Calver Immigration Consulting Inc., we have help LGBT couples reunite with their loved ones in Canada for decades. We are rated Canada’s #1 boutique Immigration firm. To book a call with one of our Regualted Canadian Immigration Consultants, please book a call with us online here, please get in touch and book an online consultation with us here.
Calver Immigration Consulting Inc. is rated Canada's number one boutique immigration consultancy. We serve clients across Canada and internationally. Our Registered Canadian Immigration Consultant has over 10 years of experience in Canadian Immigration law serving those in Canada and abroad.
We can assist with applications for both temporary and permanent residency in Canada. We handle applications for study permits, permanent residency, family class sponsorship, visitor visas, work permits, and Canadian citizenship. We also handle criminal inadmissibility cases by developing remedies for refusal.
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