Canadian Immigration law is progressive in comparison to many other countries in that it recognizes same sex marriages and unions

Canada Immigration – Same Sex Partner Sponsorship

Canadian Family Immigration is driven by the principle of keeping families together.

Citizenship and Immigration Canada (CIC) requires very high standards of documentation from the applicant to prove the relationship is genuine. This is due to numerous abuses of the system, including marriages of convenience and misrepresentation.

Are you an Eligible for Same Sex Partner Sponsorship?

As a Same Sex Partner sponsor you must sign a legal undertaking. You are financially responsible for the basic needs of those that you sponsor for anything from three to 10 years depending on the age and type of sponsored person.

Sponsors must pass a sponsorship evaluation, which includes, but is not limited to, the following:

  • you must be a Canadian citizen or permanent resident of Canada who is over 18
  • you must not have been sponsored in the last five years and not currently be undertaking a sponsorship
  • in certain circumstances, you must demonstrate that you have sufficient income to meet the needs of your family

Inside vs Outside Canada Processing

Important features such as a Work Permit, Appeal Rights, Public Policy and the length of processing times are determined by whether your application is processed inside or outside of Canada.

Choosing the right route for your circumstances is important so that you may benefit from the income of a spouse sooner rather than later or to preserve your right to appeal.

NEW Conditional Residency Rule

Recent legislation has introduced a ‘conditional residency’ requirement as an additional step to prove the relationship is genuine. Applicants who have been together for less than two years, or do not have children in common, must live together in a ‘genuine’ relationship for two years from the day they receive their permanent resident status. CIC will randomly choose couples to evaluate before lifting the conditional residency.

If after two years of receiving residency you are not living together in a genuine relationship you may have your residency revoked, unless there is evidence of neglect, abuse or death of the sponsor.

Need help?

We can help you with this and anything else regarding your move to Canada. To start your tailored and confidential consultation, call Matthew on 1-888-508-5308 or 1-604-722-8930 or email him.