[IMAGE]
LEGIT (Canada) - The Lesbian and Gay Immigration Task Force
CURRENT LEGAL SITUATION
This article describes the current situation in Canada regarding
sponsorship for the purpose of immigration of the same-sex partners of
Canadian citizens. It deals only with the issue of sponsorship into
Canada of the non-Canadian. This is the situation where a gay or
lesbian Canadian in one way or another has formed a bona fide
relationship with a non-Canadian. This often happens while one or the
other is living or vacationing in another country. In the case of
opposite-sex couples, a marriage certificate "practically" guarantees
that the non-Canadian can be sponsored under the Family Class. For our
relationships it's not quite so easy.
There are only four classes of immigration into Canada: Refugee,
Business, Family and Independent. Although the preferred method of
bringing our partners to Canada should fall within the family class,
we are up against the hard definition of spouse that includes only
opposite-sex couples. There is good news however. Since June 1994 it
is recognized by the Department of Citizenship and Immigration that
the "separation or continued separation of same-sex couples" is
grounds for exercising what is called Humanitarian and Compassionate
(H&C) *discretion* in determining the admissibility of an Independent
applicant for immigration into Canada. Still interested... read on.
Gay and lesbian couples have been using the H&C clause in the
regulations for more than a year -- even before same-sex couples were
officially recognized by the Department. To date, most applications
made from outside of Canada have been favourably processed. At least
100 cases have been accepted so far -- that's 100 gay and lesbian
couples that never have to worry about being separated by borders
again!
The process of applying for Landed Immigrant status (equivalent
Canadian expression for permanent residency) can be quite mystifying.
The process can take several months to complete. (It appears that the
average is around 6 months.)
ABOUT LEGIT
There is help for same-sex couples in this situation. LEGIT was
started in Vancouver in December 1991. It is largely because of the
lobbying of LEGIT-Vancouver that any progress has been made at all. In
1993 LEGIT-Ottawa was founded. In 1994, LEGIT-Toronto. The mandate of
these organizations is to support and share information with those who
are personally affected by this issue, as well as to lobby for changes
to the Immigration Regulations such that our families will be
recognized for the purpose of immigration.
There are a number of related issues associated with the Immigration
Regulations affecting gay and lesbian Canadians. These have been
documented by LEGIT. It is impossible to discuss them all here. If you
are separated from your partner, or are living under the threat of
being separated from your partner because of citizenship, contact one
of the LEGIT organizations.
CONTACT INFORMATION
Monthly drop-in meetings are held in Vancouver, Toronto, and Ottawa.
For times and locations of these meetings, or for further information,
please contact:
LEGIT-Ottawa
PO Box 753
Station B Ottawa
ON K1P 5P8
Telephone: Paul (613) 761-1062
Email to [1]gnawrati@ccs.carleton.ca OR [2]nichollp@brn.ca
Meets the second Tuesday of each month. Call for location.
LEGIT-Toronto
P.O. Box 111
Station F
Toronto
ON M4Y 2L4
Meets the second Thursday of every month at 519 Church St. at 8:00
PM. Drop in, or write.
LEGIT-Vancouver
P.O. Box 384
Vancouver, BC
V6C 2N2
Email to [3]deb_lerose@mindlink.bc.ca
Meets the last Thursday of each month.
OTHER SOURCES OF INFORMATION
For general information regarding immigration to Canada, see the
[4]Canada Citizenship and Immigration Web Page
This information is available in both French and English.
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Last Update 09/13/95
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