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Q & A: Same Sex Couple + Medical Condition

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Q. Does anyone know anyone who might have any information at all that might help an HIV+/HIV- same-sex couple immigrate to Canada on Humanitarian and Compassionate grounds? Neither member of the relationship currently resides in Canada, though the negative partner could likely immigrate as an independent.

Answer: Current Canadian Immigration regulations do not allow for same-sex or common-law couples to sponsor their partners under the normal family-reunification rules. However, Immigration Canada has developed an internal policy pursuant to which same-sex/common-law partners of Canadian residents/Permanent Residents will be evaluated as Independent/Skilled Worker applicants. If insufficient “units of assessment” are awarded to the individual, the visa officer would then evaluate, on a case by case basis, whether a permanent resident visa should nonetheless be granted on “Humanitarian and Compassionate” grounds.

The visa officer would then examine all of the evidence provided to establish the genuine nature of the relationship (does the couple live together? for how long? how long have they been a couple? etc…

Almost certainly, however, an applicant that is diagnosed with HIV would not be considered medically admissible. The result could be refusal of all applicants in the case, as is the case with a typical family.

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