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Is Same Sex Immigration to Canada possible for Gay and Lesbian couples?

We are a same sex couple from New York and wish to immigrate to Canada. How can this be achieved?


For years, Canada has recognized the validity of same sex relationships and considers them on equal par with more traditional family unions. If you are married as a same sex couple or have been in a common law or conjugal relationship together for one year or longer, you could be eligible for sponsorship under the Family Class. If your partner and yourself are neither Canadian citizens or Permanent Residents of Canada, it may be possible that one of you may qualify under the Canadian skilled worker category and the other can apply as a dependent spouse.

In most states in the US and in other countries, same sex marriage is prohibited. Here in Ontario, same sex couples can indeed get legally married. However, whether you are legally married in Canada or elsewhere, you can file for sponsorship or otherwise consider a common law or conjugal application.

Same sex immigration applications are supposed to be treated in the same manner as  all other applications. However we have found that generally a higher level of scrutiny is often applied to these applications. Therefore it is very important to document your relationships very well in preparation for your applications. This immigration office sees a great deal of same sex cases and, like other immigration applications, there is no substitute for well-prepared applications and applicants.

Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

2 thoughts on “Is Same Sex Immigration to Canada possible for Gay and Lesbian couples?

  1. Robbie H

    I applied for a PRC almost a year ago as a same sex couple with my partner as my sponsor. The attorney’s office asked for a lot of things that we considered to be personal (photos, cards, emails, letters,etc)and assured us all this was necessary to establish the truth in the relationship…at times we thought there was nothing more they could ask has taken almost a year but I am happy to say that this week I received in my hand my passport with my Permanent Residence Visa inserted.
    All along the way we dealt with several folks, but we are most happy with Johanna Karatsoreos…she made sure that we were kept informed of any new developments in our case, and did not hesitate to provide us with answers to any questions that we had.
    Her professionalism and dedication to the client made us comfortable with the entire process.
    And to the rest of the folks at Niren and Associates, we appreciate all your hard work and dedication in making our dream become a reality.
    Robbie H

    1. Michael Niren

      Thank you Robbie for your kind words. It was a pleasure working with you.


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