Sponsor Same Sex Partner

Sponsor Same Sex Partner

Sponsoring your same-sex partner as a spouse

If you were married outside Canada you can sponsor your spouse, if your same-sex marriage is legally recognized  and accepted in the place where you were married and in Canada. Generally, you must give IRCC proof that your marriage is legal and legit.

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

  • you are a Canadian citizen and permanent resident and
  • you were married in Canada and issued a marriage certificate by a Canadian province or territory on or after the following dates:
  • British Columbia (on or after July 8, 2003)
    • Manitoba (on or after September 16, 2004)
    • New Brunswick (on or after July 4, 2005)
    • Newfoundland and Labrador (on or after December 21, 2004)
    • Nova Scotia (on or after September 24, 2004)
    • Ontario (on or after June 10, 2003)
    • Quebec (on or after March 19, 2004)
    • Saskatchewan (on or after November 5, 2004)
    • Yukon (on or after July 14, 2004)
    • all other provinces or territories (on or after July 20, 2005).

Sponsor Same Partner Today!. If you were married outside Canada, you may apply to sponsor your same-sex partner as a spouse as long as the marriage is legally recognized according to both the law of the place where the marriage occurred and under Canadian law. This applies to same-sex marriages performed in the following jurisdictions:

  • Belgium
  • the Netherlands
  • Norway
  • South Africa
  • Spain
  • Sweden
  • the State of California (June 16, 2008 – November 5, 2008)
  • the State of Massachusetts
  • the State of New Hampshire
  • the State of Connecticut
  • the State of Iowa
  • the State of Vermont (effective September 1, 2009)

N.b. The above information may have changed and should be reviewed by students.

Common-law partner

You are a common-law partner—either of the opposite sex or same sex—if:

  • you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)

You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of:

  • 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
  • mail addressed to either person or both people at the same address.

Conjugal partner

This category is for partners—either of the opposite sex or same sex—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship and there is the same level of commitment as a marriage or a common-law relationship.

You may apply as a conjugal partner if:

  • you have maintained a conjugal relationship with your sponsor for at least one year and you have been prevented from living together or marrying because of:

o    an immigration barrier

o    your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or

o    your sexual orientation (for example, you are in a same-sex relationship and same-sex marriage is not permitted where you live)

  • you can provide evidence there was a reason you could not live together (for example, you were 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. This shows that you did not have the level of commitment required for a conjugal relationship. (For example, one of you may not have wanted 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.)
  • You cannot provide evidence there was a reason that kept you from living together.
  • 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.

Relationships that are not eligible:

You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:

  • you are under 18 years of age R117(9)(a), R125(1)(a) and R(5)
  • you (or your sponsor) were married to someone else at the time of your marriage, you have lived apart from your sponsor for at least one year and either you (or your sponsor) are the common-law or conjugal partner of another person R117(9)( c), R125(1)(c ).
  • your sponsor immigrated to Canada and, at the time they applied for permanent residence, you were a family member who should have been examined to see if you met immigration requirements, but you were not examined R117(9)(d), R117(10), R117(11), R125(1)(d), R125(2), R125(3), R4.1 or
  • your sponsor previously sponsored another spouse, common-law partner or conjugal partner, and three years have not passed since that person became a permanent resident. R117(9)(b), R125(1)(b), R132(1).

Be familiar with Relationship of convenience. R4(1)

Need Help?

Don’t take chances to apply on your own. As same sex marriage needs careful handling. You are unique, Even if, you are planning to marry your same sex liking  and then want to sponsor your your same sex partner. Then call us at +17783201450 or Contact us at Globalduniya Immigration.