Canadian immigration options for the LGBTQ2 community

The Government of Canada protects and defends the human rights of LGBTQ2 individuals and offers members of the LGBTQ2 community the same immigration rights and opportunities.

Depending on the circumstances, LGBTQ2 individuals may seek Canadian immigration through an economic immigration program, through sponsorship of a family member or, in some cases, through family resettlement. refugees.



1) Skilled Worker Programs

Individuals from the LBGTQ2 community may be eligible to settle in Canada as permanent residents through one of the immigration programs reserved for skilled workers. Among them, one of the most coveted is the Federal Skilled Worker Class point system. The Federal Skilled Worker category is for those who have some work experience and are able to establish themselves economically in Canada. For individuals who want to settle in Quebec, there is the regular Quebec Skilled Worker program, with a different set of eligibility criteria.

Canadian provinces and territories also offer immigration options through the Nominee Programs. Like the federal government, provincial governments assess applications against the criteria of certain programs, streams, or categories for skilled workers depending on the case. Members of the LGBTQ2 community can immigrate through a PCP.

Other immigration options may be available through the Canadian Experience Class or the Skilled Trades Class, which are managed through the Express Entry selection system.

Applicants selected as skilled workers who identify as LGBTQ2 people will be able to strengthen the Canadian economy by contributing their skills and work experience as permanent residents. All skilled worker immigration programs are available to LGBTQ2 individuals based on various eligibility criteria regardless of a person's gender or sexual orientation.

Many individuals who come to Canada as skilled workers first arrived in Canada on a work permit or as an international student.



2) Sponsorship of a family member (Spouse or common-law partner)

In 2002, same-sex partners became eligible for sponsor-a-family programs. Therefore, an LGBTQ2 Canadian citizen or permanent resident can sponsor: their spouse or common-law partner or conjugal partner.

To apply, the following requirements must be met:

1) The Canadian citizen or permanent resident agrees to sponsor his/her/their partner and;

2) The couple demonstrates that their relationship is genuine and meets the definition of a common-law or conjugal partner, as defined by Immigration, Refugees and Citizenship Canada (IRCC).

Members of the LGBTQ2 community have the same opportunities for sponsorship of a spouse or common-law partner as other people.



3) Resettlement of refugees

Canada is dedicated to protecting the rights of vulnerable foreign nationals, including members of the LGBTQ2 community. Facing persecution based on gender identity, orientation and/or gender expression if the person returns to their country of origin can be a basis for claiming refugee status or seeking asylum in Canada . With the help of the United Nations High Commission, private sponsors and various organizations, members of the LGBTQ2 community facing persecution abroad could be relocated to Canada.

Latest developments

The Government of Canada continues to develop initiatives to affirm the equal status of LGBTQ2 members in Canadian society. In May 2017, the Immigration and Refugee Board of Canada (IRB) announced new policy guidelines to improve the assessment of refugee claims as part of the referral, gender identity and expression. This provision serves to better train OHCHR staff to interview individuals about gender issues as well as to develop a more compassionate approach to assessing such sensitive claims.

In August 2017, a development regarding gender identification on Canadian passports emerged. The interim measure implemented by IRCC allows Canadian citizens to apply for a passport with an unspecified gender “X” rather than having to indicate male or female. The Government of Canada would like to expand the implementation of gender unspecified “X” across all government-issued immigration forms and documents to become more inclusive of all sexual identities and orientations.