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Immigration

Can I sponsor my same-sex partner as my spouse or common-law partner?

TSL Written by the Treadstone Law team· Updated June 2026

Yes. Canada's federal immigration law treats same-sex and different-sex relationships identically. If you are legally married to a same-sex partner, you can sponsor them as your spouse. If you have lived together in a same-sex relationship for at least 12 continuous months, your partner qualifies as a common-law partner — the same threshold that applies to different-sex couples.

Because immigration is federal and not provincial, the protections apply uniformly across Canada regardless of which province you live in, including Ontario.

IRCC assesses genuineness of the relationship and all standard admissibility criteria the same way regardless of the couple's genders. You will need to provide the same types of evidence — communication records, photos, shared address documents, statutory declarations — as any other sponsoring couple. In some cases, couples in same-sex relationships may face additional challenges gathering evidence if they live in a country where their relationship status cannot be officially recognized. An immigration lawyer can help you think through what evidence will be most persuasive in your specific circumstances.

Key takeaways

  • Federal law treats same-sex and different-sex couples identically for sponsorship purposes
  • Legal marriage or 12 months of cohabitation qualifies a same-sex partner for sponsorship
  • Standard admissibility and genuineness assessments apply equally
  • Evidence gathering may be more complex for couples from countries without legal recognition
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone immigration lawyer can help.
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