Gay immigration to canada

LGBTQ+ Same-Sex Immigration to Canada

Ferreira-Wells Immigration wins the prestigious
Inspire Award LGBT Positive Business
of the Year

The INSPIRE Awards is an annual event celebrating the contributions made to the LGBTQ community in the Greater Toronto Area.

Canada Welcomes Everyone

Canada is known for its inclusive and welcoming approach to immigration, including for LGBTQ+ individuals and couples. The government recognizes same-sex marriages and common-law relationships, providing several pathways for LGBT immigration to Canada, which are similar to those available to other individuals.

Canada also has strong anti-discrimination laws that guard the rights of LGBTQ+ individuals, and the Canadian government is committed to welcoming and supporting diversity in all its forms.



Same Sex Partners Sponsorship

Same sex relationship

Same-sex marriage became legal everywhere in Canada in Most legal rights have been extended to same-sex partners, including pension, tax benefits and inheritance. Canada is a tolerant society that grants improved civil rights to lgbtq+ couples and welcomes such couples with open arms. Whether you wish to immigrate, study, work or simply visit Canada to get married, Canada's kind same-sex immigration laws can turn your dreams into a reality. Do not hesitate and contact us to get started immediately!

Definition of Terms

Married - Legally married in Canada or any other jurisdiction where same-sex marriages are recognized.
Common Law relationships - Living together for at least one year in a marriage-like relationship.
Conjugal relationship - In a association for at least one year, but have been unable to live together for legal or other reasons.

Immigration

Canadian refugee law is based on the UN Convention Relating to the Status of Refugees. Though sexual identity has not been explicitly listed as a grounds for protection, Canadian courts have determined that it is covered under “particular social group”. Homosexual individuals must demonstrate that they have been persecuted on the basis of sexual orientation or gender identity to claim refugee status.

Many queer-based refugee claimants in Canada are unsuccessful. This is largely due to claims based on sexual orientation and gender identity being misunderstood by immigration and refugee conclusion makers; the good news is that many of these are successful at the appeal stage. Two other options remain if there is a negative refugee decision: “Humanitarian and Compassionate Grounds” applications and “Pre Removal Risk Assessments”.  However, these options are not available until one year after the negative refugee decision..

If you contain lived with a spouse for over a year (same or opposite sex) in your country of origin, you can recognize them as your common-law partner in your

Same Sex and Common Law Partners

Canadian immigration benefits are not limited to same-sex marriages or traditional relationships. Canada extends immigration benefits to all of the following:

  • Same-sex spouses who have legally married in Canada or any other jurisdiction that recognizes same sex marriage
  • Same sex and opposite sex partners in common law relationships who have been living together for at least one year
  • Same sex and opposite sex partners who have been in a committed, conjugal relationship for at least one year, but acquire been unable to live together due to legal restrictions.

In the case of unmarried persons claiming to be common law partners or conjugal partners, convincing proof of the relationship must be provided, such as jointly held property, joint leases, and naming each other as beneficiaries for insurance and retirement plans. For that matter, even legally married persons must submit proof that the marriage is genuine and not entered into simply for immigration purposes.

Generally, Canada extends most if not all legal rights to such partners as good, i