(Ottawa) The Canadian government is preparing for a gay migration from the US following Tuesday's election.  Already Canadian consulates in Chicago and New York have been approached by dozens of same-sex couples enquiring about immigration.

Same-sex marriage is legal in five of Canada's ten provinces and in the Yukon territory.  Judges in two other provinces are considering petitions to allow gay marriages.

A spokesperson for Citizenship and Immigration Minister Judy Sgro said that it is difficult to say how many of the gay and lesbian couples inquiring about moving to Canada will actually do it.

"We're seeing a lot of anxiety by gay Americans," Lucille Way told 365Gay.com. "But, asking about immigration and actually leaving  your homeland are two different things."

It is estimated there are about a million Americans living in Canada about a quarter of them in Ontario. The number of gays and lesbians is not known.  In addition many Americans who began eying a more liberal life in Canada that began with the draft dodgers of the 1960s are not registered.

Moving to Canada, though, it is not as easy as packing up the camper and heading north.

Unregistered foreign nationals could be deported and Canadian immigration law has some stringent requirements. Because the country is seen as a haven for refugees there is a long lineup of people trying to get in. Gays and lesbians, said Way, would have to lineup like everyone else.

Perspective immigrants must apply at a visa mission outside the country, usually at a Canadian embassy or consulate.

You also would need a work permit and to get it, you would need to show you have a skill, trade, or profession that is needed in Canada.

Without a guaranteed job from a Canadian company it could take up to a year to get a permit.  In order to remain in the country while you wait to work you would need to prove to the government you have enough money to survive.

And, work permits are based on a point system. You get higher points if you have special skills, such as a medical or law degree, or are fluent in French, Canada's second official language.

If you want to move up the line faster, it helps to be rich. Immigrants wanting to live and invest in Canada must have a net worth of $662,000 and be ready to put up at least $331,000. Those wishing to start a business must have a net worth of $248,000.

But, some immigration lawyers are suggesting a different approach: Applying for refugee status. It is one which has not been tested. But the government is suggesting it could be tried.  The test would be is it dangerous for gay and lesbian couples to live in the US under laws which do not recognize them. Usually, people who come to Canada claiming refugee status are from regimes where their lives would be in jeopardy.  

But, Citizenship and Immigration says that any same-sex couple arriving at the Canada US border and claiming refugee status would have their case heard.

"Anyone who seeks Canada's protection is eligible to have their case examined by a refugee board official," department spokesperson Maria Iadimardi told 365Gay.com.

Iadimardi said that under the immigration law same-sex couples have the same rights as opposite-sex couples and are considered "family class".  

If a refugee board official decided that an American same-sex couple had a legitimate argument the case would then be turned over to a refugee tribunal.

"They would then go to a hearing which makes case by case decision," said Iadinardi.

If the tribunal ruled the couple ineligible they would have to return to the US.

Iadinardi said that since the US election Tuesday the Citizenship and Immigration Canada website has had unusually high traffic from the US. On Wednesday it hit an all time high she said.

©365Gay.com 2004

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