Q & A: Applying as a Same-Sex Partner

CIC News
Published: July 1, 1999

Q. I would like to join my same sex partner who is a Canadian citizen residing in Canada. Although my education is not yet complete, the Canadian Embassy has suggested to me that I should start my application process before I receive my diploma as the application time can be quite lengthy.I am uncertain as to what my best course of action in the matter would be as this is a very delicate and important situation for me. Would it be best to apply right away, to wait for my diploma or could my partner apply?

Answer: As a general rule, we would not recommend that applicants proceed with an application in the skilled worker program prior to having fulfilled the requirements of such.

In the case of a same sex relationship, the candidate is typically assessed in the skilled worker program first. If the individual does not qualify, the case is then assessed under Humanitarian and Compassionate grounds. This is likely the reason that the immigration official advised you to proceed early.

[Comment: In the cases of same-sex or common-law partners, where formal marriage documents may not exist, it is important to objectively document the relationship for the purpose of applying for immigration. Doing so can often be critical where an applicant does not meet the requirements of the selection criteria for an independent applicant.]

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