Q & A: Same Sex Couple + Medical Condition

CIC News
Published: December 1, 1999

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.

Additional information on this topic may be found at the following URL:

http://canadavisa.com/documents/medical.html

Share this article
Share your voice
Did you find this article helpful?
Thank you for your feedback.
Subscribe to our newsletter
Did you find this article helpful?
Please provide a response
Thank you for your helpful feedback
Please contact us if you would like to share additional feedback, have a question, or would like Canadian immigration assistance.
  • Do you need Canadian immigration assistance? Contact the Contact Cohen Immigration Law firm by completing our form
  • Send us your feedback or your non-legal assistance questions by emailing us at media@canadavisa.com
Top Stories
Canadian cities rank among best in the world for quality of life in 2024
IRCC announces transitional measures for some students changing DLIs next year
The major changes to Canadian permanent resident pathways in 2024
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Canada
Canadian cities rank among best in the world for quality of life in 2024
A woman and a child stand on a sandy beach
The major changes to Canadian permanent resident pathways in 2024
People walking on a busy street in Downtown Toronto
These are the new immigration pathways coming to Canada in 2025
A woman holds a Canadian flag while standing close to a picturesque waterbody
New findings: newcomer entry wage growth outstripped Canadian wage growth
A man holds his wallet filled with Canadian money, in what appears to be a shoe store.
Link copied to clipboard