Same-sex marriages

Same-sex marriage and immigration in Canada have evolved significantly over the years, reflecting the country’s progressive stance on LGBTQ+ rights. Since the Canadian government legalized same-sex marriage in 2005, it has been recognized as a legal union with the same rights and responsibilities as heterosexual marriages. This landmark decision not only affirmed the rights of same-sex couples within Canada but also had implications for immigration policies. Under Canadian immigration law, foreign partners of Canadian citizens or permanent residents have the opportunity to apply for spousal sponsorship, allowing them to reside in Canada with their spouse. This has facilitated the reunification of families and has been instrumental in providing a safe haven for LGBTQ+ individuals from countries where their rights are not recognized.

The immigration process for same-sex couples, however, has its nuances. Couples must navigate various legal requirements to prove the authenticity of their relationship, similar to heterosexual couples. This includes submitting joint financial statements, photographs, and affidavits from friends and family. Additionally, ongoing changes in immigration policies can lead to uncertainties that same-sex couples must remain aware of, particularly those involving the sponsorship process or specific visa categories. Nevertheless, Canada continues to be known as a global leader in LGBTQ+ rights, providing a welcoming environment for same-sex couples seeking to build a life together. This commitment to equality not only enhances the social fabric of Canadian society but also serves as a model for other countries striving for inclusivity and acceptance.

Canadian citizens and permanent residents can apply to sponsor their same-sex partner as a spouse if they were married in Canada and issued a marriage certificate by a Canadian province or territory on or after the following dates:

• British Columbia (July 8, 2003)
• Manitoba (September 16, 2004)
• New Brunswick (July 4, 2005)
• Newfoundland (December 21, 2004)
• Nova Scotia (September 24, 2004)
• Ontario (June 10, 2003)
• Québec (March 19, 2004)
• Saskatchewan (November 5, 2004)
• Yukon (July 14, 2004)
• All other provinces or territories (July 20, 2005)

The sponsor and applicant are responsible for providing information to IRCC confirming that their same-sex marriage was legally recognized when and where it occurred.

Requirements for Marriage

To marry in Canada, same-sex couples must meet certain legal requirements:

1. Age: Both partners must be at least 16 years old. However, individuals aged 16 or 17 may require consent from a parent or guardian in some provinces and territories.
2. Eligibility: Couples must not be closely related. The specific rules around consanguinity (blood relations) can vary by jurisdiction.
3. No Existing Marriages: Neither partner can be legally married to someone else at the time of the wedding.
4. Capacity: Both partners must have the mental capacity to enter into a marriage contract.
5. Legal Status: Couples should ensure that they comply with local laws and regulations, particularly if they are not Canadian citizens or permanent residents.

The Marriage Process

1. Obtaining a Marriage License

Before getting married, couples must obtain a marriage license, valid for a specific period (usually up to 90 days, but this can vary by jurisdiction). The process to obtain a marriage license generally involves the following steps:

• Application: Couples must complete a marriage license application, which can typically be done online or in person at a designated government office.
• Identification: Both partners need to provide valid identification, such as a government-issued photo ID (driver’s license or passport), and in some provinces, proof of residency.
• Fee Payment: A fee is usually required for the marriage license, which varies by province or territory.
• Waiting Period: Some jurisdictions may have a waiting period, so it’s important to check local regulations.

• Cultural Sensitivity: Although same-sex marriage is legally recognized, LGBTQ+ couples may still encounter varying degrees of acceptance in different communities. It’s advisable to be aware of and select venues and services that are inclusive and supportive.

A well-prepared application can significantly enhance the chances of approval, as it reassures immigration officials of the partnership’s sincerity and legitimacy. In case of any error, your file can be delayed for many months. We provide free initial consultations so call us today!