Gay Immigration Rights in Canada


Canada recognizes gay marriage as the equivalent of heterosexual marriage, including if the couple is legally married, common-law partners or conjugal partners. Each partnership is defined by how long you have been a couple as well as a few other factors such as your living situation. If you are gay and married, you can apply to bring your spouse, common-law partner or conjugal partner to come to Canada just as any other couple would be able to. Gay immigration canada

Gay couples immigrating to Canada

Gay couples can immigrate to Canada a number of ways. Normally, one spouse is already a Canadian Citizen or permanent resident and would sponsor their spouse under the Family Class immigration stream. However, this is not the only option.

People who qualify to immigrate to Canada under the Skilled Worker stream or other work permit streams like entrepreneur, investor or self-employed worker categories can immigrate to Canada on their own as a principal applicant, and then include their partner or spouse on the same application.

While many other countries, including much of the United States, will now recognize the couple as being legally married, Canada recognizes gay and lesbian couples as having the same rights and protections as any other couple in Canada and they can immigrate to Canada in the same way as anyone else would.

Before you plan on immigrating to Canada, it’s important that you know that you qualify to immigrate to Canada under the stream or category you’ve chosen. As soon as you determine that you want to immigrate to Canada with your same-sex spouse, contact a licensed immigration lawyer as soon as possible. We can help you determine if you qualify to come to Canada as a couple.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.