Immigrating to Canada for the LGBTQ2 community

The Government of Canada protects and promotes the human rights of LGBTQ2 individuals and gives members of the LGBTQ2 community the same rights and opportunities as anyone else when it comes to immigration matters.

Depending on their circumstances, LGBTQ2 individuals may pursue their Canadian immigration goals through an economic immigration programme, through family sponsorship, or in some cases through refugee resettlement.

Skilled worker immigration programmes

LGBTQ2 individuals may be eligible to settle in Canada as permanent residents through one of the many skilled worker immigration programmes.

Among these, one of the most popular is theFederal Skilled Worker Program (FSWP)which is based on a points system. The FSWP is for individuals with a certain level of work experience who are able to establish themselves economically in Canada. For those wishing to settle in the province of Quebec, there is theQuebec Skilled Worker Program (SWSP)with a different set of eligibility criteria.

Canada’s provinces and territories also offer a range of immigration options through theProvincial Nominee Program (PNP). Like the federal government, provincial authorities assess applications against the criteria of a particular programme, stream or category for foreign workers, as the case may be. Members of the LGBTQ2 community may immigrate through a PNP.

Other immigration options may be available throughCanadian Experience Class (CEC)orFederal Skilled Trades Program (FSTP). FSWP, CEC and FSTP applications are managed under theExpress Entry.

selection system

Successful skilled worker candidates who identify as LGBTQ2 will be able to contribute their skills and professional experience to strengthening Canada’s economy and workforce as permanent residents.

All skilled worker immigration programmes are open to LGBTQ2 members on the basis of the various eligibility criteria, without regard to their gender identity or sexual orientation.work permitMany individuals who ultimately settle in Canada as skilled workers first arrive on aor with astudy permit

Spousal or common-law partner sponsorship

Spousal or common-law partner sponsorship for the LGBTQ2 communityIn 2002, same-sex partners became eligible to apply to thefamily sponsorship

To apply, the following requirements must be met:

• The Canadian citizen or permanent resident agrees to sponsor their partner.
• The couple demonstrate that their relationship is genuine and meets the definition of a common-law partnership or a marital partnership, as set out byImmigration, Refugees and Citizenship Canada (IRCC).

Members of the LGBTQ2 community have the same opportunities for spousal or common-law partner sponsorship as anyone else.

Refugee resettlement

Canada is committed to protecting the rights of vulnerable foreign nationals, including members of the LGBTQ2 community. Facing persecution on grounds of sex, sexual orientation or gender expression on return to their country of origin may be grounds for claiming refugee status or asylum in Canada.

With support from the United Nations High Commissioner for Refugees, private sponsors and various organisations, members of the LGBTQ2 community facing persecution abroad may be resettled in Canada.

Immigration developments for the LGBTQ2 community

The Government of Canada continues to develop initiatives affirming the equal standing of the LGBTQ2 community in Canadian society. In May 2017, the Immigration and Refugee Board of Canada (IRB) published new guidelines to improve the assessment of refugee and asylum claims based on sexual orientation, gender identity and gender expression.

The measure aims to train IRB staff better in questioning individuals about matters of gender and sexuality, and to develop a more compassionate approach to assessing the sensitive nature of these claims.

A further development came in August 2017, concerning the sex designation in Canadian passports. The interim measure introduced by IRCC allows Canadian citizens to apply for a passport with the unspecified sex designation ‘X’, rather than male or female.

The Government of Canada intends to extend the unspecified sex designation ‘X’ across all government-issued immigration forms and documents, in order to be more inclusive of all gender identities and sexual orientations.

Read updated information on the government website about immigrating to Canada for the LGBTQ2 community athere.