Apr 5 | Posted By

Can I Sponsor My Same-Sex Spouse, Common-Law, or Conjugal Partner

It is possible to do so if your partnership with your significant other meets all of the criteria for sponsorship. For instance, as of March 2, 2012, if you entered Canada as a partner or sponsored spouse then you will not be eligible to sponsor a new partner or spouse for 5 years from your landing date into the country. Furthermore, as of October 25, 2012, anyone who applied to Canada as a partner or sponsored spouse may be privy to a conditional permanent resident status for a 2 year period. Please note that there are some conditions to these recent changes, and you can learn more about these newfound changes from the GOC website.

In regards to sponsoring a same-sex spouse, you can sponsor them if you have a legal marriage certificate from the territory or province where you were married. Moreover, for those who were married outside of Canada, you can also sponsor your same-sex spouse; assuming the marriage was recognized as valid in the country, as well as legally validated in Canada. Generally, speaking, you must provide proof that your same-sex marriage was considered legal with the IRCC.

It is also possible to sponsor your common law, same-sex partner in the event that you have been living with them in a conjugal union for at least 12 months. However, documentation must be provided as proof (i.e., mail, property, financial records). You must also provide proof that you were not able to live together with your conjugal partner due to sexual orientation discrimination or other reasons; such as refusal of long-standing visas in each other’s country or immigration restrictions. You may also be asked for valid documentation that proves that the conjugal relationship is not solely physical but also one with mutual interdependencies (i.e., joint financial records).

If you require any help in regards to sponsoring a same-sex spouse, common-law, or conjugal partner, seek the advice of an experienced immigration attorney who can guide you through the complicated process. Matthew Jeffery is a barrister and solicitor that specializes in Canadian Immigration Law. From permanent resident card renewals, humanitarian applications, and work permits to express entry applications, visitor visas, and appeals to the Immigration Appeals Division, Matthew Jeffery possesses the experience, tact, and integrity to guide clients through the complex bureaucracy that is the Canadian immigration system.

Matthew Jeffery holds a J.D. from Osgoode Hall Law School, in Toronto, Ontario, and is a certified specialist in Immigration Law by the Law Society of Upper Canada. He is also authorized by the Canadian government to represent clients in all forms of immigration matters, as he is a licensed immigration lawyer. With over 15 years of experience in immigration law and related branches of law, Mr. Jeffery is highly qualified to help his clients obtain the peace of mind and results that they deserve in a timely, tactful, and efficient manner. If you would like to learn more about same-sex sponsorship, or would like to arrange a consultation, phone or office at 647- 496-5877, or visit our website.