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Global models of binational couple immigration rights and policies
Published Thursday, 20-Sep-2007 in issue 1030
Currently, there are nearly 20 countries that recognize same-sex relationships for immigration purposes. How these countries go about recognizing the couples is as diverse as the countries they represent. However, the resulting unification of same-sex couples is the same. Here are a few models that exist today.
Canada, Belgium, and the Netherlands have the broadest immigration rights for same-sex couples though their civil marriage acts.
In keeping with having granted full rights and titles of marriage to same-sex couples, South Africa and Spain have immigration codes to reflect marriage equality established in those countries.
Germany and many Scandinavian nations created special legal status for same-sex partnerships (civil unions) and recognized that status in immigration.
France and New Zealand have a special status different from marriage, which is open to both same-sex and different-sex couples (evidence of the partnerships includes exclusivity and emotional commitment, financial dependence or interdependence, etc.) and recognize that status in immigration.
Portugal has opened an existing legal status difference from marriage (such as common-law marriage or concubinage) to same-sex couples, and recognizes that status in immigration.
Israel and Brazil have recognized same-sex relationships in the immigration system alone, without giving them broader status in national law.
[Sources: “Family, Unvalued: Discrimination, Denial, and the Fate of Binational Same-Sex Couples Under U.S. Law,” Human Rights Watch and Immigration Equality; U.S. Citizenship and Immigration Services Web site]
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