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Moving to Canada: Immigration Overview for Transgender U.S. Citizens

This article should not be taken as legal advice as individual circumstances may affect eligibility for any particular immigration pathway and admissibility to Canada generally. This is meant as a resource for transgender adults looking to come to Canada, though it applies equally to the parents of transgender children. If you have questions regarding Canadian immigration pathways for U.S. citizens, please book an appointment with us and ask your question on the booking form. We will reply via email or book an appointment to discuss further.

We are deeply concerned about the the rapid erosion of rights, acceptance, and safety for trans people across the United States. We have seen an understandable influx of appointment requests from U.S. citizens looking to explore their options for moving to Canada. The following is intended to provide an introduction and overview for those hoping to temporarily or permanently move to Canada as a U.S. citizen.

Unfortunately, some of the readiest options for moving to Canada are restricted to those with significant privilege, including education, work experience in “professional” fields, and financial resources. Those most at risk and least able to defend their rights, disproportionally disabled folks and BIPoC, tend to have more limited options. Our hearts are with you. We encourage you to do all you need to stay safe within the U.S. or elsewhere.

Work Permit Options

To work in Canada requires authorization from Immigration, Refugees and Citizenship (IRCC) in Canada, our immigration agency equivalent to USCIS. The following are the most common options available to American citizens and is not meant to be a comprehensive list of possible pathways:

  • Intra-Company Transfer (ICT): If you are employed by a multinational corporation that has offices in both the United States and Canada, in a position considered to be “high skilled” and they are willing to transfer your position to the Canadian branch or subsidiary, it is relatively straightforward to obtain an employer specific work permit via an intra-company transfer. Your employer will have to register the transfer ahead of time with IRCC and have the work permit approved. This is generally a 3-year renewable work permit and you are only authorized to work with the designated employer while in Canada. If you have a spouse or common-law partner, they are generally able to accompany you to Canada and would be eligible for a non-employer specific or “open” work permit.
  • CUSMA Professional Roles: The Canada-US-Mexico free trade agreement provides work permits to those who have secured employment in Canada, in certain professional roles. This requires a pre-arranged contract with a Canadian employer, and that you have the relevant experience, education, licensing, and certifications (where applicable) for your job. The Canadian company must register the job offer with IRCC. As with an ICT work permit, your spouse or common-law partner will generally be able to accompany you to Canada and would be eligible for a non-employer specific or “open” work permit.
  • Labour Market Impact Assessment backed Closed Work Permit: If you are not considered a “professional” by CUSMA, you may still apply for jobs (and the associated work permit) with Canadian employers. Any position offered to your would have to be covered by a valid Labour Market Impact Assessment (LMIA) which your prospective employer would have to seek to show that no Canadian citizen or existing permanent resident was willing or able to fill the position.

Any of these work permits can be applied for from outside of Canada, or at a port of entry other than a land border (generally an airport). In some cases, it is possible to apply for a work permit while already in Canada as a visitor.

Resources:

Study Permit

To come to Canada as a student requires admission to a Canadian post-secondary institution, approval from the province in which that school is located through an attestation letter, and approval of a study permit.

  • Admission to a Canadian School: If you’re accepted into a Canadian school listed as a designated learning institution (DLI), you may be eligible for a study permit allowing you to move to Canada for the duration of your studies. As Canadian provinces and territories have foreign student quotas, the school will need to obtain an attestation letter that confirms the province or territory is willing to use its quota for your study permit.
  • Post-Graduation Work Permit (PGWP): For those hoping to stay after their studies, certain programs also offer eligibility for a post-graduation work permit (PGWP), providing a work permit for up to three years. It is necessary to maintain studies full-time to preserve PGWP-eligibility.
  • Working While Studying: You can work up to 20 hours per week during your studies and full-time during breaks.

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Marriage and Common-Law Sponsorship

If you are married to, or in a common law relationship with a Canadian citizen or permanent resident, your partner may sponsor you for permanent residence in Canada. In this context, a common-law relationship is defined as cohabiting in an exclusive, marriage-like relationship for at least one year, with financial and emotional interdependence. Your partner must be able to show they have the financial resources to support you.

Sponsorship options also exist for other family members including parents, grandparents, and children.

Resources:

Economic pathways to permanent residence

Most new permanent residents to Canada come through one of several economic pathways. The most common is through the Canadian Experience class (CEC) which requires one year of full-time work in Canada in what IRCC considers to be “skilled” employment. Provinces and territories can also nominate temporary residents and foreigners for permanent residence in Canada through Provincial Nominee Programs (PNP) generally designed to fill specific labour market or regional development needs. Both CEC and PNP pathways require registration in the online Express Entry portal and evaluation of various so called “human capital” factors and the assignment of “comprehensive ranking score”. Some express entry draws target the PNP nominees specifically, while others target specific classes of work experience, or those with demonstrated French language skills.

Visiting Canada

You can typically stay in Canada as a visitor for up to six months as long as you can prove that your stay is temporary and that you have the financial means to support yourself. The border agent must believe you intend to leave the country within 6 months. In some cases, your passport will be stamped at the border, with a date to indicate a more limited duration.

While in Canada, you may apply for a longer stay (including beyond 6 months). You will need to show that you have the means to support yourself without income for the increased duration, and that you do not intend to stay in Canada longer than you are authorized.

Resources:

Refugee Claims

Anyone facing persecution in their country of nationality has the right under international law to seek protection in countries who are signatories to the Convention on the Status of Refugees. However, refugee claims against the United States face significant hurdles due to the complexity of domestic Canadian law, and the intricacies of U.S. Federalism and courts systems – leading to low (near-zero) success rate for US citizens. While you should always prioritize your safety, it’s important to understand the risks and long-term impacts of availing yourself to Canada’s refugee determination system.

  • Detention Risk: If you make a refugee claim at a port of entry or from within Canada, there is a risk of being detained throughout the process if immigration authorities determine you are a flight risk, danger to the public, or find that you are unable to establish your identity.
  • Issues with Internal Flight Alternatives and a Presumption of State Protection: Under international law, all states are presumed to be competent in protecting their citizens from persecution. For refugee claims against the U.S., Canadian adjudicators will expect you to have sought protection through all available Federal, state and local authorities (employment law tribunals, anti-discrimination laws, etc.), before seeking refuge in Canada. You must demonstrate why those options are or were not operationally effective or accessible such that it was not reasonable for you to seek their protection.

    You must also establish that you faced persecution in every part of your country of nationality prior to seeking protection abroad. They may also question why moving to Canada was the quicker, easier, and safer option than moving to a “relatively safe” state or city within the U.S. If you have reasonably available options for “relative” physical and emotional safety in any other part of the U.S., you will be expected to avail yourselves of those options.

Any claim for refugee protection may affect your ability to travel to other countries. If your refugee claim is denied, you are likely to be removed from Canada and have extreme difficulties ever returning.

If you were to succeed in a refugee claim against the United States, you would be unable to return to that country while maintaining your permanent residence in Canada.

If you have questions regarding Canadian immigration pathways for U.S. citizens, please book an appointment with us and ask your question on the booking form. We will reply via email or book an appointment to discuss further.

In solidarity,

CWHWC Legal Team

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