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Spouse
You may qualify as spouses if you are legally married and the marriage is recognized for Canadian immigration purposes.
FAMILY
Same-Sex Relationship Sponsorship
Canadian immigration law provides sponsorship pathways for eligible same-sex spouses and partners to build their future together in Canada.
Discuss Your Sponsorship CaseSAME-SEX SPONSORSHIP
Same-Sex Couples Have Access to Canada's Family Sponsorship Program
Canadian immigration rules allow eligible Canadian citizens and permanent residents to sponsor a same-sex spouse or partner for permanent residence.
There is no separate immigration category requiring same-sex couples to meet a different standard. The appropriate sponsorship pathway depends on the legal and factual nature of your relationship.
A same-sex couple may qualify as spouses, common-law partners or, in certain circumstances, conjugal partners.
The correct category is important because each relationship type has its own legal requirements and supporting evidence.
RELATIONSHIP CATEGORIES
Which Sponsorship Category Applies?
Same-sex couples may qualify under one of three partner sponsorship categories depending on their circumstances.
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Common-Law Partner
A couple may qualify as common-law partners after living together in a conjugal relationship for at least 12 consecutive months, subject to the applicable rules.
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Conjugal Partner
This category may apply in limited situations where a couple has been in a genuine interdependent relationship for at least one year but significant barriers prevent them from marrying or living together.
MARRIAGES OUTSIDE CANADA
Is a Same-Sex Marriage From Another Country Recognized?
A marriage performed outside Canada generally needs to be legally recognized both under the law of the country where the marriage took place and under Canadian law.
Additional questions can arise where a couple lives in, or has connections to, a country that does not recognize same-sex marriages or relationships, particularly when assessing relationship evidence, safety concerns or barriers to living together.
If a marriage does not meet the requirements for recognition, another relationship category, such as common-law or conjugal partner sponsorship, may need to be considered depending on the couple's circumstances.
Married Outside Canada?
The place where the marriage occurred and the applicable marriage laws can be important. The relationship should be reviewed before selecting the sponsorship category.
Review My MarriageUNIQUE CIRCUMSTANCES
When Legal or Social Barriers Affect the Relationship
Some same-sex couples cannot safely marry, live together or openly maintain their relationship because of conditions in another country.
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Same-Sex Marriage Is Illegal
Some couples may live in jurisdictions where they cannot legally marry because same-sex marriage is not recognized.
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Same-Sex Relationships Are Restricted
In some countries, laws or government practices may restrict or criminalize same-sex relationships.
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Safety or Persecution Concerns
Couples may face serious social, cultural or safety barriers that affect their ability to live openly together.
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Immigration Barriers
Visa or immigration restrictions may prevent a couple from establishing a shared residence in the same country.
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Family or Cultural Circumstances
Serious social or cultural barriers may form part of the overall circumstances that explain why a couple cannot marry or live together.
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Conjugal Partner Considerations
Where substantial barriers prevent marriage or cohabitation, the conjugal partner category may be relevant if all applicable requirements are met.
SUPPORTING EVIDENCE
Showing That Your Relationship Is Genuine
The evidence available to each couple can be very different, particularly where privacy or safety concerns have affected the relationship.
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Relationship History
Evidence can show how you met, how the relationship developed and the important stages of your life together.
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Communication
Messages, calls and other communication may help demonstrate an ongoing relationship, especially during periods spent apart.
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Visits and Time Together
Travel records, photographs and other documents may help establish the time you have spent together.
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Shared Life
Evidence of shared responsibilities, residence, finances or future plans may help demonstrate the nature of the relationship.
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Family and Friends
Evidence showing recognition of the relationship by people who know the couple can also be relevant.
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Evidence of Barriers
For cases involving barriers to marriage or cohabitation, evidence explaining those barriers may be particularly important.
EVIDENCE CHALLENGES
What If You Had to Keep Your Relationship Private?
Some same-sex couples may not have the same types of public relationship evidence that other couples commonly provide.
For example, family members may not know about the relationship, photographs may be limited, joint accounts may not be practical, or the couple may have avoided documenting their relationship because of safety concerns.
A lack of one particular type of evidence does not automatically determine the outcome of an application. The complete circumstances of the relationship should be explained clearly and supported by the evidence that is reasonably available.
Limited Traditional Evidence?
The purpose of the application is not simply to collect as many documents as possible. The evidence should help present a clear, credible and consistent history of the relationship.
Discuss My EvidenceSPONSOR ELIGIBILITY
General Sponsor Requirements
The sponsor must meet the same general family sponsorship requirements that apply to other spouse and partner sponsorship cases.
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At Least 18
The sponsor must be at least 18 years old.
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Eligible Canadian Status
A sponsor must generally be a Canadian citizen, permanent resident, or a person registered in Canada under the Indian Act.
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Residence Requirements
Permanent residents generally must live in Canada. Different rules can apply to Canadian citizens who are living abroad and planning to return to Canada.
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Sponsorship Undertaking
The sponsor must accept financial responsibilities toward the person being sponsored.
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Previous Sponsorships and Other Restrictions
Previous spousal or partner sponsorships, an existing sponsorship undertaking, certain financial defaults, social assistance, bankruptcy, removal orders or certain criminal convictions may affect eligibility to sponsor.
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Ability to Provide Basic Needs
The sponsor must agree to provide financial support for the sponsored partner's basic needs during the applicable sponsorship undertaking period.
In particular, a person who became a permanent resident through spousal or partner sponsorship generally cannot sponsor a new spouse or partner until five years have passed, and a sponsor may also be restricted while a previous three-year spousal or partner undertaking remains in effect.
SPONSOR RESPONSIBILITY
Sponsorship Creates an Ongoing Financial Responsibility
Outside Quebec, the sponsorship undertaking for a spouse, common-law partner or conjugal partner generally lasts for three years beginning when the sponsored person becomes a permanent resident.
In most spouse and partner sponsorship cases, there is no standard minimum income requirement. However, the sponsor must still meet the applicable sponsorship eligibility requirements and agree to support the sponsored person.
Separation or divorce after permanent residence is granted does not cancel or shorten the undertaking.
Three-Year Undertaking
The sponsor remains financially responsible during the applicable undertaking period even if the relationship later changes.
Check Sponsor EligibilityPARTNER IN CANADA
An Open Work Permit May Be Available
A spouse, common-law partner or conjugal partner living in Canada and being sponsored for permanent residence may also be eligible to apply for an open work permit if the applicable IRCC requirements are met.
Work permit eligibility is separate from the permanent residence sponsorship application and depends on the applicant's current immigration status and the applicable IRCC requirements.
Living Together in Canada?
We can review both the sponsorship strategy and whether temporary work authorization may be available while the permanent residence application is being processed.
Review My OptionsAPPLICATION PROCESS
How the Sponsorship Process Works
The process begins by identifying the correct relationship category and preparing both the sponsorship and permanent residence applications.
1
Determine the Category
Confirm whether the relationship should be assessed as spouse, common-law partner or conjugal partner.
2
Review Eligibility
Confirm that the sponsor and sponsored partner meet the applicable requirements.
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Prepare Relationship Evidence
Organize evidence showing the history, development and genuine nature of the relationship.
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Submit the Applications
The principal applicant submits the sponsorship and permanent residence applications together online.
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Complete IRCC Processing
Complete any required biometrics, medical examinations, additional documentation or other processing requirements.
IMPORTANT INFORMATION
Choose the Relationship Category Based on the Facts
Same-sex couples do not need to fit a special immigration category simply because of their sexual orientation.
The important question is whether the relationship meets Canada's requirements for spouses, common-law partners or conjugal partners.
In cases involving countries where same-sex relationships or marriage are restricted, the legal and practical barriers faced by the couple can be particularly important to the immigration assessment.
Unsure Which Category Applies?
AddPlus Immigration Solutions Inc. can review your relationship history, marriage or cohabitation circumstances and any legal or practical barriers to help identify the appropriate sponsorship pathway.
Contact UsBUILD YOUR FUTURE TOGETHER
Your Relationship Deserves a Clear Immigration Path
Tell us about your relationship, where you both live and the challenges you may be facing, and let our team help you understand your Canadian sponsorship options.
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