Foreign same-sex couples in which neither partner is a Canadian citizen or permanent resident can immigrate to Canada together. Foreign couples may consider immigrating to Canada in a number of situations:

1- When a couple who are citizens of the same country want to settle in Canada together.
2- When two people from different countries are in a relationship and they want to be able to stay together but are unable to live in the country of either partner, Canada is an alternative place to settle together.

1. Requirements:
One partner must qualify to immigrate to Canada under one of Canada's immigration programs. The most common one is the Skilled Worker Class. Some people have also applied under the Live-in Caregiver program.
The couple must have lived together in a genuine committed and interdependent relationship for at least twelve months. See Common-law definition below.

In some countries, it is not safe or legal for same-sex couples to live together, for example, countries that have sodomy laws or where the personal safety of queer, lesbian, gay, bisexual or transgendered people is threatened. In these cases, Canada may still recognize the relationship as Common-law. The couple will need to explain and document why they have not been able to live together.

Application Process:
1. For Foreign Common-law couples, the applicant who will meet the criteria for immigration applies to immigrate as the principle applicant. The other partner is included in the application as the family member of the principle applicant.
The Common-law partner must be included in the application. If the Common-law partner is not included as a family member, it will not be possible to sponsor them as a family member later.

2. Foreign couples, who are not Common-law (cannot meet the definition for Common-law couples below), should consider the process below. It takes longer and requires that you live apart for some time.

The most qualified applicant applies to immigrate. After this partner becomes a permanent resident and settles in Canada with a place to live and a job, they can apply to sponsor the other partner as a conjugal partner. See Conjugal partner definition.

In this situation the applicant does not have to indicate that there is a same-sex partner at the time of making the first application.

Info Documents:

1. Application for Permanent Residence - Federal Skilled Worker Class - IMM EG7000 2. Immigrating to Canada as a Skilled Worker 3. Will You Qualify as a Skilled Worker? 4. National Occupation Classification List 5. Minimum Work Experience Requirements 6. Proof of Funds 7. Language Proficiency 8. Six Selection Factors and Pass Mark 9. Skilled Worker Self-Assessment 10. "Take the Test" 11. Working in Canada 12. Things to Consider Before You Apply 13. Application Fees 14. Fee Schedule for Citizenship and Immigration        Services 15. Proof of Funds 16. Medical Examinations 17. Designated Medical Practitioners 18. Immigration Representatives 19. New Regulations for Paid Representatives 20. Regulations on Immigration Representatives 21. Unpaid Representatives 22. Use of a Representative 23. Instructions- Use of a Representative 24. General Information about Representatives 25. Verify a Representative 26. Choosing a Destination in Canada 27. On-Line Services 28. e-Client Application Status 29. Frequently Asked Questions 30. Application Processing Times 31. The Application Assessment Process 32. Arriving in Canada - What Happens Next? 33. Citizenship 34. Police Reports 35. Applying as a Skilled Worker- Visa Office Specific       Forms 36. List of Countries and Corresponding Canadian       Visa Offices 37. Canadian Language Benchmarks Immigration Forms: 1. Application for Permanent Residence in Canada -    IMM 0008 2. Background/Declaration - IMM 0008 Schedule 1 3. Additional Family Information - IMM 5406 4.Use of a Representative - IMM 5476 5. Economic Classes - Federal Skilled Workers -    IMM 0008 Schedule 3 6. Applying as a Skilled Worker- Visa Office Specific       Forms

Providing Proof Of The Relationship
For both common-law or conjugal partners it is important to save documents that show that the relationship meets the criteria and is genuine. See Application Tips> Providing Proof Of The Relationship for some suggestions.
For common-law partners, send the proof with the principle applicant's permanent residence application.
For conjugal partners, once the principle applicant is settled in Canada, you will follow the process described in Outside Canada Family Class.

Note: Spouse - Foreign same sex marriages are not recognized yet by the Canadian government. Also, legal Canadian marriages of foreign couples are not recognized in the Skilled Worker Class. Despite this, include your Marriage Certificate, if you have one, as part of the support documentation of your case, as it will re-enforce your commitment to each other.

Where To Send The Application?
The partner who is the principle applicant must be living legally in the country where the application is made and have a visa that is valid for one year. For example, a common-law couple is living in the USA. One partner is a US citizen. The other is from Hong Kong and is living illegally in the US. If the American is the qualified principle applicant, the application can be made in the US. If the Hong Kong partner is the qualified principle applicant, the application must be made in Hong Kong.

Refer to the list of Visa Offices that handle applications for your country.

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Arriving in Canada:

When the primary applicant and your partner arrive in Canada, you must show your Confirmation of Permanent Residence (COPR) and passport to the Immigration officer at the Port of Entry. You and your partner must arrive before your Visa expires. You must also be able to show proof of sufficient funds to establish yourself in Canada for some period of time.

If the Immigration officer is satisfied with your documentation and particular circumstances, he will authorize you to enter Canada as a Permanent Resident. A Permanent Residence Card will be sent to you by registered mail.

You will not loose your Permanent Residence status as long as you live in Canada for at least 2 years out of every 5 year period.

(Reprinted in large part from LEGIT.ca)