Canadians have a history of promoting equal rights for same sex couples, like marriage, spousal benefits, and spousal sponsorship. Canada became one of the first countries outside Europe to legalize same sex marriage nationwide in 2005.
Beginning in 2003, the process started as a series of court cases legalizing marriage for gay and lesbian couples across nine of Canada’s thirteen provinces. In 2005 marriage equality became legal nationwide, and in 2006 this process upheld. This recognition of same sex couples granted the same rights and those of traditional couples, meaning that spousal sponsorship privileges would also apply.
Spousal Sponsorship: The Process
Spousal sponsorship is based on the idea that there is one member of the relationship who is living in Canada as a citizen or as a permanent resident. This spouse can act as the sponsor for the non-resident and help him or her obtain citizenship. The process of obtaining sponsorship is a two-step process.
Determining the Sponsor’s Eligibility
The Case Processing Centre in Mississauga will assess the spouses eligibility. While it is accepted that the spouse may reside outside of Canada during the application process to stay together as a couple, the sponsor must show the intention to reside in Canada full time and be a full Canadian citizen.
Spousal eligibility is both more complicated and more accepting than it would seem. A spouse is eligible if the couple was married in Canada, and also if legally married in many other countries.
Additionally unmarried couples can be eligible for spousal sponsorship. Common law spouses are considered those who have co-habitated for at least a year without getting married.
Conjugal spouses are considered those in a dedicated relationship, but who are unable to share the same dwelling for some reason, usually, immigration laws or fear of persecution.
Spousal Sponsorship: Canadian Culture
Canada has long been leading the way in acceptance. In addition to offering equal rights to same sex couples, Canada has also offered sanctuary to gay and lesbian couples from less tolerant areas. Chris Alexander, Canada’s Citizenship and Immigration Minister has offered asylum to Russia’s gay, lesbian, bisexual, and transgendered peoples.
The results of acceptance are showing too. The establishment of new households in ages 20-44 has increased 1.1% compared to a national decline for older age groups. This growth has been driven by immigration in what is considered critical age forming groups.
Questions About Immigration? My Visa Source Has Answers.
Congratulations on taking your first step toward sponsoring your spouse in Canada. The more research you do on the immigration process, the more you will learn about your specific situation and how we can help you navigate through the Same Sex Spousal Sponsorship process.
My Visa Source stays updated on all immigration news and announcements across Canada and the United States, including sudden changes in government law. Our legal solutions help individuals, families and businesses from North America and around the globe.
Partnering with an experienced immigration lawyer can greatly increase the likelihood of achieving your specific immigration or visa goals.
Immigration is a complex process that requires strong legal strategy, precise submission of legal documents and perfect attention to detail, reducing the risk of wasted time, money or permanent rejection.
Start Your Same Sex Spousal Sponsorship Process Today!
Securing personalized legal help is quick and simple. Begin with our one-minute online assessment form or call us toll-free at 1-888-509-1987.
We have a dedicated team of licensed professionals standing by, ready to answer your immigration and visa questions.
Book a personal consultation to speak with an award-winning immigration lawyer over the phone, on Skype or in-person at our downtown Toronto and Vancouver offices.