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Being an open and egalitarian society, Canada recognizes marriage and marriage-like relationships between people of opposite sex and also of the same sex. In many countries, living together as a same sex couple is not permitted by law, tradition and culture. It can be difficult or even life-threatening for same sex couples to live together openly in such countries. However, Canada allows same sex marriages and permits the couple to live together freely, in peace and harmony.

In this respect Canada is different from many other countries of the world, as it offers equal treatment in immigration for opposite and same sex couples. Both types of couples are eligible for federal benefits and obligations

If one of the partners in a same sex marriage wishes to sponsor his/her partner for immigration into Canada, there are a few excellent options available, provided the couple meets certain criteria. An experienced Canadian Immigration Lawyer or authorized Canada Immigration Consultant can provide more information.

Sponsoring A Same Sex Spouse 

Immigration rules permit sponsorship of a same sex spouse if the marriage took place within or outside Canada. If the marriage took place within Canada, a valid marriage certificate from the territory where the marriage took place must be produced. For couples married outside Canada, sponsorship is possible under this category if the jurisdiction where the marriage took place recognizes same sex marriage. You need to provide suitable proof as required by the IRCC (Immigration Refugee Citizenship Canada.)

Immigration is possible under the Family Class category, under which a Canadian citizen or permanent resident can sponsor a spouse, common-law or conjugal partner.

Proof of the relationship has to be provided in the form of a marriage certificate and photographs of the ceremony. Additionally, immigration officials need to verify that the relationship has not been entered into just for the sake of gaining entry and residentship in Canada.

Duration of the relationship, evidence of mutual commitment to a shared future and demonstrable proof of physical, social, financial and emotional interdependence are some of the factors that could be used as evidence to show that the couple is indeed a genuine one.

Another option is to sponsor your same sex partner under the Economic Class category. This enables a skilled worker or entrepreneur who meets eligibility criteria and is able to provide a contribution to the Canadian economy to enter the country and seek permanent residentship/citizenship in future. In this option, neither partner has to be a Canadian and sponsorship is based only on eligibility criteria.

Live-in caregivers can also sponsor their same sex partners for immigration into Canada.

If the person qualifies for refugee status and is liable to be persecuted for sexual orientation in their own country, they can be sponsors and can also sponsor their same sex partner.

How We Can Assist

Immigration laws are extremely complex and require detailed and extensive paperwork and procedures. An experienced and Legal Canadian Immigration Lawyer who regularly deals with such issues can ensure that your application is filled accurately, consistently and supported by the right documentation. This ensures a smoother, swifter and hassle-free immigration process for you and your loved ones.

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