Same-sex marriages are legal and treated equally in Canada

Canada is internationally recognized as one of the safest and least discriminatory countries for people within the LGBTQ+ community. Same-sex relationships and sexual activity are not criminal in Canada, in fact, same-sex marriages give rise to the same legal rights as heterosexual marriages.

In Canada, same-sex couples are welcome to apply for immigration status. There are three types of relationships that are recognized by Canada for immigration sponsorship applications:

• Married – you and your partner must be legally married
• Common Law – you and your partner must be living together for at least one year consecutively without long or permanent absences
• Conjugal – you and your partner have been in a relationship for one year but cannot live together for legal, cultural, social or other reasons, such as same-sex relationships or marriage are illegal where you live, you fear persecution due to your sexual orientation, your community does not accept same-sex relationships due to cultural or religious reasons, or you or your partner cannot obtain a divorce from a previous partner.

Previous struggles with stigmatization and discrimination can make the immigration process extremely stressful for some same-sex applicants. Collecting documentation is the most important way of proving your relationship is authentic, and documentation can vary from chat and phone records to social media posts, to supporting letters from family and friends.

Sometimes, an applicant has previously faced sexual orientation or gender identity-based discrimination or has not disclosed their orientation or relationship to friends or family out of fear of not being accepted, so it can be difficult for some applicants in these situations to provide certain documentation at all. However, there are many ways to demonstrate a loving and genuine relationship, and we can assist you to overcome any challenges in your application.

The whole process can make you feel vulnerable, as you will need to demonstrate details of your relationship to prove its genuineness, and some of the details may feel intimate in nature. When selecting your legal representation, it is important to select someone you can trust, so that you feel comfortable sharing these personal and intimate details to demonstrate your genuine relationship.

Mary Keyork and Nancy Elliott specialize in spousal and common law partner sponsorship applications as we have filed hundreds of them for over two decades. We represent clients and diverse couples from all over the world and handle straightforward cases as well as complicated ones. We strive to create a safe and judgment-free space where you can share all the unique details of your life story, which we hope to demonstrate in your application.