Canada's Immigration Act and Regulations define a spouse as someone of the opposite sex to whom an individual is joined in marriage. Therefore, the sponsorship of same sex or common law spouse or inclusion of same sex or common law spouse of independent, refugee or other applicant is excluded. However, should you qualify for immigration purposes under the independent Regulations, our office would prepare an additional application on your behalf. This application is called an application on Humanitarian and Compassionate Grounds ("H&C"). This type of application enables the Program Manager of the respective Visa office to recognize that an undue hardship would result from separating or continuing the separation of a bona fide same sex or common law couple. Should the Program Manager determine that H &C factors are present and you are otherwise admissible the immigrant visa should be issued notwithstanding the fact that you are not of the opposite sex or joined in marriage. |