Canada 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.

Family Class:
If you have a Canadian partner (including a Canadian permanent resident), you may be able to get sponsored as a spouse, common-law 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 countries.

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.

Skilled Worker (Independent), Entrepreneur, Investor, Self-employed:
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 worker (independent).

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.
-Skilled Worker (Independent) Free Assessment
-Entrepreneur & Investor Free Assessment
-Self-employed Free Assessment

Read Austin's article from The Advocate "Gay? No Prob. Welcome to Canada!"

If you have additional questions regarding same-sex immigration to Canada, please check FAQ for more information.