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Sponsoring Your Same-Sex Partner Canada

There is currently and interim policy in place for this class.

You can apply to sponsor your same-sex partner as a spouse if:

• You are a Canadian citizen or permanent resident;
• You were issued a marriage certificate by one of the following provinces or territories:
• • Quebec (on or after March 19, 2004)
  • Ontario (on or after June 10, 2003)
  • British Columbia (on or after July 8, 2003)
  • Yukon (on or after July 14, 2004)
  • Manitoba (on or after September 16, 2004)
  • Nova Scotia (on or after September 24, 2004)
  • Saskatchewan (on or after November 5, 2004)
  • New Brunswick (on or after July 4, 2005)

Are You Eligible For A Same-Sex Partner Visa?

You cannot apply to sponsor your same-sex partner as a spouse if:

• You were married outside one of these provinces or territories;
• You were married outside Canada; OR
• You and your partner are foreign nationals who married in Canada.

However, if you are a Canadian citizen or a permanent resident, you may qualify to sponsor your partner as a common-law or a conjugal partner.

The Supreme Court of Canada has rendered an opinion on the same-sex marriage reference. The Government of Canada has introduced a Bill to legalise same-sex marriages across Canada. CIC will review its interim policy, as needed, if a law is passed.

Common-law Partner

You are a common-law partner-either of opposite sex or same-sex-if you have been living with your sponsor in a conjugal relationship for at least 1 year. The year of living together must be a continuous 12-month period and cannot be intermittent periods that add up to 1 year. However, you are allowed temporary absences for short periods of time for business travel or family reasons.

You will have to provide documents that prove that you and your common-law partner have combined your affairs and have set up your household together in one home. This could include:

• Joint bank accounts or credit cards;
• Joint ownership of a home;
• Joint residential leases;
• Joint rental receipts;
• Joint utilities (electricity, gas, telephone);
• Joint management of household expenses;
• Proof of joint purchases, especially for household items; OR
• Correspondence addressed to either person or both people at the same address.

Conjugal Partner

The conjugal partner category is for partners-either of opposite sex or same sex-in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses. A conjugal relationship is more than a physical relationship. It is a mutually dependent relationship, and it has some permanence and the same level of commitment as a marriage or a common-law union.

You may apply as a conjugal partner if:

• You have maintained a conjugal relationship with your sponsor for at least one year;
• You have been prevented from living together or marrying because of:
• • An immigration barrier;
  • Your marital status (e.g., you are married to someone else and living in a country where divorce is not possible); OR
  • Your sexual orientation (e.g., you are in a same-sex relationship and same-sex marriage is not permitted where you live); AND
• You can provide evidence of an impediment to living together (e.g., evidence of refused long-term stays in each other's country).

You should not apply as a conjugal partner if:

• You could have lived together but chose not to, indicating that you did not have the level of commitment required of a conjugal relationship (e.g., you did not want to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together); OR
• You are unable to provide evidence of an impediment that prevented you from living together; OR
• You are engaged to be married. In this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months.

Medical requirements and up-front medicals

The medical requirements for spouses, common-law partners, conjugal partners and dependent children are different from the medical requirements that must be met for other members of the Family Class.

Up-front medical examination allows applicants (your spouse, common-law partner, conjugal partner or dependent children) to take the medical examination before the applications for sponsorship and permanent residence are submitted.

Are You Eligible For A Same-Sex Partner Visa?