02 March 2006

Transsexual / Transgender Immigration

Rainbow Flag for Gay, Lesbian, Bi-sexual, Transsexual/Transgender, Queer,  & GLBT/LGBT Community

Canada has some of the most transsexual/transgender friendly immigration laws in the world. Transsexuals and transgender persons (from male to female or from female to male) can immigrate to Canada to enjoy improved civil rights, benefits, and the protections of a tolerant society.

There are two primary ways to immigrate to Canada - being sponsored by your Canadian partner or applying to immigrate based on your own merit to obtain permanent resident status.

Once you become a Canadian permanent resident (landed immigrant), you could apply for Canadian citizenship in three years.

Family Class:
If you have a Canadian partner (including a permanent resident of Canada), you may be able to get sponsored as a spouse, common-law partner, or conjugal partner. Transsexual and transgender persons (persons who change their sex legally or at a pre-operation stage) can be sponsored as a spouse since both opposite and same sex marriage are legal in Canada. A common-law partner is similar to a domestic partner and is defined as a life partner who has been living together for at least one year. So if you have been living together with your Canadian partner continuously for at least one year, he/she could sponsor you as his/her common-law partner. A conjugal partner is like a common-law/domestic partner but no cohabitation is required. Conjugal partners can be a couple who maintain the life partner form of relationship for at least one year but are unable to live together. The separation may be due to visa requirements or restrictions, or fear of prosecution of homosexuality, common in some countries.

Please have your sponsor fill out Family Class Free Assessment to see if your partner is eligible to sponsor you as a spouse, common-law or conjugal partner.

Skilled Worker (Independent), Entrepreneur, Investor, Self-employed:
If you are single or in a same-sex relationship but neither of you are Canadian citizens or Canadian permanent residents, you can immigrate to Canada based on your own merit if you qualify as a Skilled Worker (Independent), Entrepreneur, Investor, or Self-employed. As a same-sex couple, you can apply together by submitting one application. You can choose a principal applicant who qualifies under one of the categories and his/her partner can be included as a common-law partner in the same application.

The Skilled Worker (Independent) category is one of the most popular categories since you can apply based on your own merit without having a Canadian partner or Canadian company to sponsor you. You are assessed based on your education (PhD/master's, bachelor's, or trade/non-university certificates/diploma), work experience (1-4 years of work experience), language skills (English and French), age (21-49 gets the maximum points), adaptability (having a relative in Canada, previous study/work in Canada, and spouse/common-law partner's educational level), and arranged employment in Canada. If your points are more than the passing points that CIC (Citizenship and Immigration Canada) sets, you can apply to immigrate as a skilled worker (independent).

The Entrepreneur category applies to those who have a business management experience and planning to manage a business in Canada. The Investor category is similar to the entrepreneur category in terms of requiring a business management experience in addition to investing $400,000(CAD) in the Canadian economy. The Self-employed category applies to those who are in cultural or athletic fields or farm management.

Please fill out Free Assessment and to see if you can immigrate to Canada.

-Skilled Worker (Independent) Free Assessment
-Entrepreneur & Investor Free Assessment
-Self-employed Free Assessment

Read Austin's article from Advocate.com "Gay? No Prob. Welcome to Canada!"

If you have additional questions regarding transsexual/transgender immigration to Canada, please check FAQ for more information.

For same-sex immigration, please check Same-Sex Immigration for Gay and Lesbian.

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