Date: 4 Apr 1995 11:09:38 -0500 From: "Archibald" Greetings to the QI list from Canada. This is the posting that I put on can.motss recently. It includes contacts for LEGIT - the Lesbian and Gay Immigration Taskforce in 3 cities in Canada. I can be contacted by e-mail for more info. Also I will watch this list. Regards, Colin Archiabld, Ph.D. Coordinator, LEGIT-Ottawa. This posting describes the current situation in Canada regarding sponsorship for the purpose of immigration of the same-sex partners of Canadian citizens. I will deal 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 Humanitaritian and Compassionate (H&C) discretion in determining the admisability 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, and to my knowledge, no application has been refused since this recognition. Around 70 cases have been accepted so far - that's 70 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. It is important to do it right the first time! The process can take a few months to completion when done correctly. (It appears that the average is around 6 months.) There is help for same-sex couples in this situation. An organization called L&GIT - Lesbian and Gay Immigration Task- force was started in Vancouver several years ago to deal with these issues. 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 organizatons 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 in a more respectable way. There are a number of related issues associated with the Immigration Regulations affecting gay and lesbian Canadians. These have been documented by LEGIT. It's 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. Monthly drop-in meetings are held in Vancouver, Toronto, and Ottawa. For the times and locations of these meetings contact the corresponding organization. LEGIT-Ottawa Meets the second Tuesday of each month. Call for location. Colin (613) 233-5610 LEGIT-Vancouver Meets the second Tuesday of each month. Call for location. Chris (604) 877-7768 LEGIT-Toronto Meets the second Thursday of every month at 519 Church St. at 8:00 PM. Drop in, or write. LEGIT - Toronto P.O. Box 111, Station F. Toronto, ONt. M4Y 2L4 If you are in a city other than one of these, contact one of us by mail or phone. Get the word around that this is happening. If you live in a city other than one of the three listed above, send this email to your local gay press. This is an issue that affects a small number of people, but it affects them dramatically.