Same-Sex Immigration for Gay and Lesbian
has some of the most gay and lesbian friendly immigration laws in the
world. Many gay, lesbian, bisexual, and transsexual/transgender singles
and couples move to Canada every year to enjoy improved civil rights,
benefits, and the protection of a tolerant society. Same-sex marriage
is legal in Canada.
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 Canadian permanent
resident (landed immigrant), you can apply for Canadian citizenship
in three years.
If you have a Canadian partner (including a Canadian permanent resident),
you may be able to get sponsored as a spouse,
partner, or conjugal
partner. If you marry a Canadian partner in Canada, your Canadian
partner can sponsor you. Common-law partners are similar to domestic
partners and are defined as life partners who have been living together
for at least one year. If you have been living together with your Canadian
partner continuously for at least one year, he/she can sponsor you as
his/her common-law partner. A conjugal partner is like a common-law/domestic
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
Please have your sponsor fill out a Family
Class Free Assessment to see if your partner is eligible to sponsor
you as his/her spouse, common-law partner or conjugal partner.
Worker (Independent), Entrepreneur,
If you are single or in a same-sex relationship but neither of you
are Canadian citizens or Canadian permanent residents, you can immigrate
to Canada based on your own merit if you qualify as a Skilled Worker (Independent),
Entrepreneur, Investor, or Self-employed. As a same-sex couple, you can
apply together by submitting one application. One of the partners will be the principal
applicant who qualifies under one of the categories and his/her partner
can be included as the common-law partner in the same application.
The Skilled Worker (Independent) category is one of the most popular
categories since you can apply based on your own merit without having
a Canadian partner or Canadian company to sponsor you. You are assessed
based on your education (PhD/master's, bachelor's, or trade/non-university
certificates/diploma), work experience (1-4 years of work experience),
language skills (English and French), age (21-49 gets the maximum points),
adaptability (having a relative in Canada, previous study/work in Canada,
and spouse/common-law partner's educational level), and arranged employment
in Canada. If your points are more than the passing points that CIC (Citizenship
and Immigration Canada) sets, you can apply to immigrate as a skilled
The Entrepreneur category applies to those who have business management
experience and are planning to manage a business in Canada. The Investor category
is similar to the entrepreneur category in terms of requiring business
management experience in addition to investing $400,000(CAD) in the Canadian
economy. The Self-employed category applies to those who are in cultural, athletic fields or farm management.
Binational Gay/Lesbian Couples:
Many binational gay/lesbian 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/her partner as his/her common-law 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 his/her
common-law partner in the application. The principal applicant needs to
apply by himself/herself and become a Canadian permanent resident; 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 a Free Assessment and to see if you can immigrate to Canada.
Worker (Independent) Free Assessment
& Investor Free Assessment
If you have additional questions regarding same-sex immigration to Canada,
please check FAQ for more information.