Same Sex and Common Law Partners Welcomed in Canada

In sharp contrast to the United States, Canadian immigration benefits are not limited to traditional same-sex marriages. Canada extends immigration benefits to all of the following:

• Unmarried same-sex partners in committed relationships
• Same-sex partners who have legally married in Canada or any other jurisdiction that recognizes same sex marriage
• Opposite sex partners in committed, unmarried relationships

Generally, Canada extends most if not all legal rights to such partners as well, including pension, inheritance, and tax benefits. In 2000, Canada amended 68 different laws to extend equal rights to same-sex couples. On July 20, 2005, Canada amended its marriage law to recognize same-sex marriages everywhere in Canada. Such marriages were already recognized in many parts of Canada since 2003 through court decisions. There is no residency requirement for marriage in Canada, so same-sex partners from the U.S.A. and elsewhere can marry in Canada. Each province has its own procedures for issuing marriage licenses. The GLAD Website has information about how to get married in each province.

There are several ways that married and unmarried same-sex couples can benefit from Canada's immigration laws:

• Partners can accompany a foreign student or foreign worker to Canada for the duration of the student or worker's stay
• Such partners can usually obtain open work permits for the duration of the stay. This is not available in the U.S. even for spouses of foreign students or workers
• Canadian citizens and permanent residents can sponsor their partner to become a permanent resident of Canada, and cannot be refused due to medical problems or low income
• Partners living in Canada with a Canadian citizen or permanent resident can become Canadian permanent residents without leaving Canada
• Skilled workers and others immigrating to Canada as permanent residents may obtain immigrant visas for their partners as well

Satisfactory proof of the relationship must be provided. In the case of unmarried partners, Canada requires either cohabitation for one year (constituting a common law relationship), or, in the case of a relationship where one of the partners is in Canada and the other is in a foreign country, the existence of a "conjugal relationship," having a duration of one year. Such a relationship must be exclusive and cannot be considered mere "courtship" or dating.

By contrast, there is no time requirement for marriage. A married couple is eligible for immigration benefits immediately.

Our firm has successfully handled cases in all the categories mentioned in this article. Please contact us if you are interested in immigrating to Canada, working in Canada, or going to school in Canada with your same-sex or unmarried opposite-sex partner. Click the email icon on the left panel of this page and let us know how we can help you.