Sponsor Your Same-Sex Spouse, Common-Law, or Conjugal Partner: Secure Your Future Together in Canada

Canada Immigration for LGBTQ2+ Couples

Are you looking to sponsor your same-sex spouse or partner? In Canada, same-sex (LGBTQ2) relationships and marriages are treated with the same respect and recognition as heterosexual relationships. Whether you have a marriage certificate from the province or territory where you got married, or proof of cohabitation for common-law relationships, we can help you navigate the process. For those in same-sex relationships where one-year cohabitation is not possible due to legal impediments, the Conjugal Partner option is available. This includes situations where same-sex marriages are not recognized in the foreign nation.

At MM Immigration Law, we specialize in helping LGBTQ2 couples secure their future together in Canada. Our expert immigration lawyer will guide you through every step, ensuring your application is strong and error-free. We understand the unique challenges faced by same-sex couples and are committed to providing personalized support tailored to your situation. Our experienced immigration lawyer will help you understand the eligibility criteria, gather the necessary documents, and complete your application accurately. We offer tailored advice and support based on your unique circumstances, ensuring that your application reflects your relationship’s authenticity. With a track record of successful sponsorship applications, we are dedicated to helping you achieve your dream of living together in Canada.

For more details and information on sponsoring your same-sex/LGBTQ2+ spouse or partner, see below.

Sponsoring a gay or Same-Sex Partner or Spouse

same sex gay immigration sponsorship

Assessing Conjugal Relationships

A conjugal partnerships can be based on the following applicable factors:

  • Mutual commitment to each other is conducive to a long-term relationship.
  • Their existing sexual behavior and commitment to each other.
  • Partners provide emotional support to one another.
  • Partners should be not being in another conjugal relationship.
  • The partners are providing each other with financial and economic support.
  • The partners have children or are taking care of them together.

Sponsoring a Same-Sex Common-Law or Conjugal Partner

You can sponsor your same-sex common-law partner, if you have been living together in a conjugal relationship for at least 1 year. Generally, you must show proof of the relationship through joint financial records, property, mail, or purchases.

You can sponsor your same-sex conjugal partner if you have been in a conjugal relationship for at least 1 year and have:

  • Been living outside of Canada.
  • Been in a conjugal relationship for at least a year, cannot live with the sponsor as a couple due to reasons such as immigration, sexual orientation, religious reasons, etc.

Requirements for Conjugal partner sponsorship

The applicant intends to immigrate as a conjugal partner must provide ample evidence of prevailing conjugal relationship with the sponsor for one year at least proving an existing mutually interdependent relationship. Both partners must be able to provide evidence of their inability to cohabit due to compelling barriers. This is regardless of their intention to marry, however, shows a legitimate objective to stay together.

Inability to reside together due to persecution or penal control

Conjugal relationships which are prevented from cohabiting due to threats of persecution or any other penal control may be considered as a common-law partnership to be sponsored as a conjugal partner. Persecution refers to the ability of the government to punish relationships such as homosexuals, gays, lesbians by law, and prevent such individuals from finding employment, shelter, and respect for their rights. Persecution also ostracizes them socially. Penal control prevents such individuals from living together as it is considered illegal by the law.

Forbidden Conjugal Relationships

Conjugal Relationships must show similar characteristics to marriage and common-law relationships. Conjugal relationships must show legality such as no consanguinity and follow the prohibited degrees in Marriage. The legal age for conjugal partnerships is 18.

Frequently Asked Questions – LGBTQ2+ Immigration Sponsorship

There is no minimum income requirement for same-sex partner sponsorship. In contrast to other immigration programs, partner sponsorship does not have a minimum income requirement unless the person you are sponsoring has a dependent child. However, under regular circumstances, the sponsor is required to submit supporting documents to establish that they are employed and have submitted income taxes.

Yes, it is possible to file a sponsorship application despite not being out to friends and family. While this is rarer in western countries, in some countries, there are safety concerns if they were forced to discuss their LGBTQ+ identity with outside parties or family members or even worse could face criminal offenses. In sponsorship applications, the onus is on the applicant to prove it is a genuine relationship. This can be established through evidence of cohabitation or, if not living together, through evidence of travel to see one another and communication between the parties. Every relationship is different, and there could be various pieces of supporting documentation to prove it is a genuine relationship.

When sponsoring a same-sex partner, you’ll need to provide evidence of your relationship. This includes joint financial records, shared property, communication history, and any other relevant documents that demonstrate your commitment to each other.

Yes, you can sponsor your same-sex partner even if you’re not legally married. Common-law partnerships and conjugal relationships are also eligible for sponsorship. Ensure you meet the criteria for cohabitation or conjugal status.

LGBTQ+ couples may encounter unique challenges related to documentation, societal acceptance, and legal recognition in their home countries. It’s essential to work with professionals who understand these nuances and can guide you through the process.

Navigating Previous Relationships in 2SLGBTQ+ Sponsorship Applications

For many 2SLGBTQ+ individuals, past relationships may have been with heterosexual or heterosexual-presenting partners. This is especially common among those who were in relationships before the widespread acceptance of legal same-sex marriage. Having been married to or lived with someone of the opposite sex does not mean your queer immigration sponsorship application will be denied. Here’s what you need to know:

  1. Disclosure Requirements: You only need to disclose previous marriages or common-law relationships. Casual relationships, such as short-term boyfriends, girlfriends, or dates are not required information. IRCC focuses on legally recognized partnerships.
  2. Reasonable Explanations: If you were previously in a heterosexual relationship, there are valid reasons for this. Whether you were in the closet, faced family pressure, were unsure of your sexual orientation, or simply hadn’t met the right person yet, these are all understandable circumstances.

Every individual’s journey is unique. At MM Immigration Law, we recognize and respect your path to your current 2SLGBTQ+ relationship. Your past relationships are part of your story, but they do not define your eligibility for sponsorship.

In today’s digital age, meeting your gay, lesbian, or 2SLGBTQ+ partner online is not just common—it’s the norm. Over the past decade, the number of sponsorship applicants who met their partners online has become the primary way couples meet. At MM Immigration Law, we have seen clients meet on various platforms, including Grindr, Instagram, Facebook, Tiktok etc.

Meeting online is now more popular than ever, surpassing traditional methods such as meeting at festivals, bars, grocery stores, or on vacation. This trend applies to all couples, whether 2SLGBTQ+ or heterosexual. Importantly, being 2SLGBTQ+ does not mean you must have met your spouse on an app dedicated to 2SLGBTQ+ users.

At MM Immigration Law, we understand that every relationship is unique, regardless of how you met your partner.

Many Counties do not recognize or outlaw same-sex marriage. To sponsor someone as a spouse, the marriage must be legal where it occurred and in Canada. This means some applicants cannot marry in their country of origin.

Canada’s Inclusive Approach: Canada allows common-law partners to be sponsored as well as spouses. If 2SLGBTQ+ marriages are not legal in the applicant’s country, it may be possible to sponsor them as a common-law partner. To meet the legal threshold for common-law partnership, a couple must live together for at least one year in an exclusive, romantic relationship.

Navigating Visa Requirements: If your partner does not require a visa to enter Canada, they can apply for an eTA and come as a visitor. If they do require a visa, this application must be submitted first to enter Canada. Most visitors can stay in Canada for six months. As long as an application to extend their visitor status is submitted before it expires, they can remain in Canada legally until a decision is made. This process can usually be repeated long enough to give the partners one year together to submit an application for in-Canada sponsorship as common-law partners.

Conjugal Sponsorship as an Alternative: If you are not able to marry your partner because 2SLGBTQ+ marriages are not legal in the applicant’s country of residence, and you are not be able to live together as common-law partners for one full year. In such cases, a conjugal sponsorship may be possible. A conjugal sponsorship application can be undertaken when it is impossible for a couple to get married or live together as common-law partners, yet they are in a conjugal relationship.

Hire an Expert LGBTQ Immigration Firm: Secure Your Future with MM Immigration Law

Expert Guidance for Same-Sex / Gay / LGBTQ2+ Sponsorship Applications

Are you and your same-sex partner looking to navigate the complex immigration process? At MM Immigration Law, our expert queer sponsorship lawyers are here to guide you every step of the way. We understand the unique challenges faced by LGBTQ2 couples and are dedicated to providing personalized support to ensure your application is successful.

Why Choose MM Immigration Law?

  • Customized Applications: We tailor your same-sex sponsorship application based on your unique circumstances, maximizing your chances of approval.
  • Thorough Documentation Review: We meticulously review all documentation and supporting evidence to ensure accuracy and completeness.
  • Comprehensive Guidance: We will guide you and your spouse through the entire immigration process, from start to finish, ensuring you understand each step.
  • Expert Drafting: We draft all necessary forms, letters, and supporting documents with precision and expertise.
  • Legal Submissions: We provide expert legal submissions to strengthen your case.
  • Communication with Authorities: We handle all communication with immigration authorities on your behalf.
  • Regular Updates: We keep you informed on the progress of your application, providing peace of mind throughout the process.

Don’t leave your future to chance. Trust MM Immigration Law to handle your gay sponsorship application with expertise and compassion. Contact us today to schedule a consultation and take the first step towards securing your future together in Canada.