Does immigration accept same-sex marriage?

Yes, Canadian immigration accepts and fully recognizes same-sex marriages for all permanent residence and family sponsorship applications. IRCC treats same-sex and opposite-sex couples equally. As long as the marriage is legally valid in the country or region where it occurred, it is recognized under Canadian immigration law. If you’re unsure how your situation is assessed, experienced Canadian immigration consultants can guide you.

Canada legalized same-sex marriage nationwide in 2005, and IRCC applies the same eligibility standards to all couples. Same-sex couples may apply under spousal sponsorship, common-law sponsorship, or conjugal sponsorship, depending on their circumstances. For a clear overview of how these categories differ, see our comparison pages between spousal programs.

For couples living in countries where same-sex marriage is not legal, IRCC still provides pathways:

• Common-law sponsorship: available if the couple has lived together for at least 12 consecutive months
• Conjugal sponsorship: available when laws in the home country prohibit same-sex marriage or cohabitation, and genuine, documented barriers prevent marriage or 12 months of living together

A same-sex marriage performed in a country where it is not legally recognized will not be accepted by IRCC as a valid marriage. In such cases, the couple must apply under the common-law or conjugal category, depending on their situation. For more details on eligibility for the spousal category, you can also review our related FAQ: “What are the requirements for a spousal visa in Canada?”

If you are unsure whether you qualify as spousal, common-law, or conjugal partners, you can book an appointment with our team. For cost details, see our Immigration Consultant Fees.