Reviewed 7 Oct 2026

Best Countries for LGBTQ+ Expats (2026): What the Law Says

Immigration Insights
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Key takeaway: This page does not rank countries. It reports what official sources in Canada, the United Kingdom, Germany, the Netherlands, Spain, Portugal, Ireland, Australia, New Zealand and Mexico say about same-sex partners on immigration pages, legal recognition of marriage and partnership, anti-discrimination law, Canadian foreign-ministry advice, and dated changes.

What this page does and does not tell you

This page does not rank countries. It does not say where it is safe, friendly or accepted, and it gives no advice. The word best in the title is what people search for; nothing is scored. For ten destinations it reports what official sources say, in the same order each time. First, immigration wording: whether an official immigration page says a same-sex spouse or partner can come as family, and in which words. Second, recognition of same-sex marriage or partnership, and from when. Third, discrimination law. Fourth, foreign advice: for Mexico only, what Canada's foreign ministry says, as that government's own advice with its date; for the other nine destinations this page cites no foreign-ministry advice. Fifth, dated changes, in the sections on recent and announced changes, with laws in force kept apart from proposals. Each source below shows the date it was read and any date the page itself prints. The last section says what is not covered. Where the official pages we read do not state something, we say so.

Canada: immigration wording and recognition

Immigration wording: IRCC's page on sponsoring a spouse or partner to become a permanent resident says a spouse, a common-law partner and a conjugal partner each "can be any gender". IRCC's page on open work permits for family members of foreign workers defines a family member as a spouse or common-law partner and does not say same-sex. IRCC's glossary says the term common-law partner refers to opposite-sex and same-sex relationships. Recognition: the Civil Marriage Act, assented to on 20 July 2005, says a marriage is not void or voidable by reason only that the spouses are of the same sex. Québec's registrar says a civil union, unlike marriage, is valid only in Québec.

Canada: discrimination law and foreign advice

Discrimination law: the federal Canadian Human Rights Act, for matters within Parliament's authority, lists sexual orientation and gender identity or expression. Canadian Heritage says most provinces and territories include sexual orientation as a prohibited ground in their human rights legislation.

United Kingdom: what the official sources say

Immigration wording: Appendix FM and Appendix Relationship with Partner name a spouse, a civil partner and an unmarried partner. Home Office caseworker guidance says same-sex relationships might not be recognised or accepted in some countries, which might make cohabiting difficult. Recognition: under the Marriage (Same Sex Couples) Act 2013, marriage of same sex couples is lawful, recorded as in force at 13 March 2014. In Scotland it became available to same sex couples on 16 December 2014. In Northern Ireland the rule that parties must not be of the same sex was omitted, in force at 13 January 2020. Discrimination law: the Equality Act 2010 lists gender reassignment and sexual orientation (England, Wales, Scotland); Northern Ireland has sexual orientation regulations in operation from 1 January 2007.

Germany: immigration wording

Immigration wording: the Make it in Germany page on spouses joining citizens of non-EU countries says unmarried partners can also benefit from family reunification if they meet the conditions for spousal reunification; the page adds that it is important that their civil partnership essentially corresponds to the civil partnerships possible in Germany until 2018, which in principle means it must be registered in the country concerned and give rise to legal effects and obligations. It says the same applies to civil partnerships between two people of the same sex. The official pages we read do not say that unregistered partners can join. The administrative service portal's text on family reunification with foreigners also names same-sex civil partnerships. The pages we read use the words same-sex only for civil partnerships.

Germany: recognition, discrimination law and foreign advice

Recognition: Civil Code section 1353 says marriage is entered into by two persons of different or the same sex. The Act opening marriage entered into force on 1 October 2017. Discrimination law: the General Equal Treatment Act aims to prevent discrimination on grounds including sexual identity.

Netherlands: immigration wording and recognition

Immigration wording: the one literal statement we found is in the policy rules of the Immigration and Naturalisation Service (IND) on family life under Article 8 ECHR. They say the IND in any case assumes family life between spouses in a genuine marriage and between partners in a genuine relationship sufficiently comparable to marriage, described as a "homo- of heteroseksuele" relationship. For the standard partner permits, the official pages we read do not state this. Recognition: the Civil Code says a marriage can be entered into by two persons of different or the same sex. Government.nl says that since 2001 same-sex couples can marry and adopt.

Netherlands: discrimination law and foreign advice

Discrimination law: Article 1 of the Constitution bars discrimination on grounds including sexual orientation. The General Equal Treatment Act covers "hetero- of homoseksuele gerichtheid" in employment and in access to goods and services.

Spain: what the official sources say

Immigration wording: this page cites no official Spanish immigration page that addresses this. Recognition: Civil Code article 44 says marriage has the same requirements and effects when both spouses are of the same or of different sex. Law 13/2005 added that paragraph. The government portal says there is no law on civil partnerships at state level and tells couples to contact their autonomous community or municipal council. Discrimination law: Law 15/2022 bars discrimination on grounds including sexual orientation or identity and gender expression, whatever the person's nationality or legal residence. Law 4/2023 prohibits conversion therapies, even with consent, and guarantees LGTBI foreign nationals in Spain, regardless of administrative status, equal treatment on the same conditions as Spanish nationals.

Portugal: what the official sources say

Immigration wording: AIMA's family-reunification page lists "o cônjuge" (the spouse) and the partner in a "união de facto" (de facto union); the Foreigners Act uses the same words in its articles 99 and 100. Recognition: Lei 9/2010, published on 31 May 2010, is titled "Permite o casamento civil entre pessoas do mesmo sexo" (allows same-sex civil marriage). Lei 7/2001 defines a de facto union as two persons who, "independentemente do sexo" (regardless of sex), live in conditions like those of spouses for more than two years. Discrimination law: Constitution article 13(2) and the Labour Code list sexual orientation; the Labour Code also lists gender identity. Lei 15/2024 added Criminal Code article 176-C on acts aimed at altering or repressing sexual orientation, gender identity or expression.

Ireland: immigration wording and recognition

Immigration wording: the immigration page for de facto partners of Critical Skills Employment Permit and Hosting Agreement holders says a person may be a de facto partner "of the opposite or same sex" if, among other conditions, there is a mutual commitment to a shared life to the exclusion of all others, and the applicant has resided with the partner for at least two years. Recognition: Article 41 of the Constitution says marriage may be contracted by two persons without distinction as to their sex; the Marriage Act 2015 commenced on 16 November 2015. The immigration service says civil partnerships entered into outside Ireland after 16 May 2016 are no longer recognised in Ireland.

Australia: immigration wording and recognition

Immigration wording: the Migration Act 1958 says a de facto partner or a spouse can be "whether of the same sex or a different sex". Home Affairs form 1410i, used for family violence claims, says "Partner" means a spouse or de facto partner "(including same-sex partners)". The temporary Partner visa page says "spouse or de facto partner" and does not use the words same-sex. Recognition: the Attorney-General's Department says that from 9 December 2017 same-sex married couples are treated the same as other married couples.

Australia: discrimination law and foreign advice

Discrimination law: the Sex Discrimination Act 1984 defines discrimination on the ground of sexual orientation (section 5A) and gender identity (section 5B). Section 38(3), on educational institutions established for religious purposes, says section 21 does not make it unlawful to discriminate on grounds including sexual orientation and gender identity in education or training, if done in good faith to avoid injury to religious susceptibilities.

New Zealand: what the official sources say

Immigration wording: Immigration New Zealand (INZ) says its instructions define partnership as 2 people of the opposite or same sex who live together in a genuine and stable partnership in a legal marriage, a civil union or a de facto relationship. Its partnership-based temporary visa guide gives a similar definition and refers to a partnership with a person who holds (or is applying for) a New Zealand work or student visa. Recognition: the Marriage Act defines marriage as the union of 2 people, regardless of their sex, sexual orientation, or gender identity, inserted on 19 August 2013. Discrimination law: the Human Rights Act lists sexual orientation; the Human Rights Commission says it is unlawful to discriminate because of sexual orientation or sex, including gender identity.

Mexico: what the official sources say

Immigration wording: this page cites no official Mexican immigration page that addresses this. Recognition: in binding case law approved in 2015, the First Chamber of Mexico's Supreme Court said that excluding same-sex couples from marriage is "totalmente injustificada"; the Court's register says this case law is "de aplicación obligatoria" (mandatory to apply) from 22 June 2015. A Government of Mexico page dated 21 December 2022 says same-sex marriage is already legal throughout the national territory. Foreign advice: Canada's travel advice page for Mexico (travel.gc.ca, updated 7 October 2026) says "Mexican law does not prohibit sexual acts between individuals of the same sex."

Recently in force: Canada, United Kingdom and Germany

Canada, Alberta only (provincial law): the Government of Alberta says its Bill 9, in effect from 11 December 2025, invokes the notwithstanding clauses so that the listed health, school and sport laws cannot be struck down by the courts. As of 7 January 2026, regulated health professionals there are prohibited from prescribing hormone therapy to minors for treating gender dysphoria or gender incongruence, with exceptions. United Kingdom (England, Scotland and Wales only): the 2026 Code of Practice for services came into force on 5 August 2026. It states that the Supreme Court ruled that a Gender Recognition Certificate does not change a person's legal sex for the Equality Act 2010. Germany: the federal family ministry says the Self-Determination Act on the gender entry came into force on 1 November 2024.

Recently in force: Spain and Portugal

Spain, Catalonia only: Law 13/2025 on the rights of LGBTI people entered into force on 20 January 2026. Portugal: Lei 61/2025, in force from the day after its publication on 22 October 2025, amends the Foreigners Act. Family reunification now requires, with some exceptions, that the applicant has held a valid residence permit for at least two years, and reunification of a spouse or partner depends on the marriage or de facto union being valid and recognised under Portuguese law and on both being at least 18 at the date of the application.

Recently in force: Ireland and Australia

Ireland: the Criminal Justice (Hate Offences) Act 2024 came into force on 31 December 2024. It protects people targeted because of characteristics including gender, sex characteristics and sexual orientation. Australia: the Australian Human Rights Commission says that on 15 May 2026 the Full Court of the Federal Court, in dismissing an appeal, found two instances of direct discrimination on the ground of gender identity. In New South Wales only, the Conversion Practices Ban Act 2024 came into force on 4 April 2025.

Recently in force: New Zealand and Mexico

New Zealand: from 19 December 2025, regulations restrict authorised prescribers from prescribing gonadotropin-releasing hormone analogues for the purpose of puberty suppression in a child or adolescent with gender incongruence or gender dysphoria. The High Court's annual report for 2025 says the Court issued a declaration that the Crown should take no steps to enforce the regulations pending the judicial review being determined; the official pages we read do not say whether that review has been decided.

Announced, proposed or pending: Netherlands, United Kingdom and Germany

Netherlands: the Act of 11 September 2026 criminalising conversion practices takes effect on 1 January 2027. United Kingdom: a draft Conversion Practices Bill for England and Wales has been shared with Parliament for pre-legislative scrutiny. Germany: on 26 September 2025 the Bundesrat introduced in the Bundestag a bill to amend the Basic Law, proposing to extend its catalogue of discrimination grounds by sexual identity. On 9 October 2025 the Bundestag dealt with a demand to add the characteristic sexual identity to the Basic Law and referred it to committees. A motion by the AfD group to repeal the Self-Determination Act was first debated on 11 September 2025; the federal family ministry said on a page dated 19 January 2026 that an evaluation of that Act is in preparation.

Announced, proposed or pending: Portugal and Ireland

Portugal: a bill amending the legal regime for changing sex and first name in the civil registry was approved in a first-stage (general) vote on 20 March 2026 and sent to committee, where the process page lists hearings up to 29 September 2026; its own impact assessment says it aims to repeal Lei 38/2018.

What this page does not cover

This page does not cover safety on the street, social attitudes, healthcare access (except the dated rules named in the change sections), asylum, whether you would qualify for any visa, or law below national level except where a province, state or region is named. Check the official pages for them.

Questions before acting

Can a same-sex partner join me on a work visa?

This page cannot say whether you would qualify, and the official pages say different things. Ireland: the page for de facto partners of Critical Skills Employment Permit holders says "of the opposite or same sex". New Zealand: INZ defines partnership as 2 people of the opposite or same sex, and its guide refers to a partnership with a person who holds (or is applying for) a work or student visa. Canada: the open-work-permit page says "spouse or common-law partner" without same-sex wording, while IRCC's sponsorship page says spouses and common-law partners can be any gender. United Kingdom: the Skilled Worker partner rules name a spouse, civil partner or unmarried partner. Australia: the Migration Act says "whether of the same sex or a different sex"; the Partner visa (subclass 820) page we read, for partners of Australian citizens, permanent residents and eligible New Zealand citizens, says "spouse or de facto partner" without same-sex wording. We did not read a work-visa page for Australia. Germany: same-sex is stated only for registered civil partnerships. Portugal: AIMA's family-reunification page lists the spouse ("o cônjuge") and the partner in a de facto union ("união de facto"). Spain and Mexico: this page cites no official immigration page that addresses it. The Netherlands states it in its Article 8 ECHR family-life rules.

Is same-sex marriage legally recognised in these countries?

According to the official sources we read, yes in each of the ten, from different dates. Canada: the Civil Marriage Act, assented to on 20 July 2005. United Kingdom: the Marriage (Same Sex Couples) Act 2013 makes marriage of same sex couples lawful, recorded as in force at 13 March 2014; in Scotland it became available to same sex couples on 16 December 2014; in Northern Ireland, 2019 regulations extending marriage to same-sex couples are in force at 13 January 2020. Germany: the Act opening marriage entered into force on 1 October 2017. Netherlands: the Civil Code allows it, and Government.nl says since 2001. Spain: Civil Code article 44, whose same-sex paragraph was added by Law 13/2005. Portugal: Lei 9/2010, published on 31 May 2010. Ireland: the Marriage Act 2015, commenced on 16 November 2015. Australia: from 9 December 2017, according to the Attorney-General's Department. New Zealand: the definition of marriage was inserted on 19 August 2013. Mexico: a Government of Mexico page of 21 December 2022 says it is already legal throughout the national territory.

Which of these countries is the safest or most accepted for LGBTQ+ expats?

This page does not say. It ranks nothing and scores nothing, and it makes no claim about social acceptance. It reports what official sources state on immigration wording, legal recognition, discrimination law, foreign-ministry advice and dated changes. The foreign-ministry texts are those governments' own advice, with their own dates. They cover different things. Read each official page before you decide, and confirm with the issuing authority.

Which of these changes are not yet in force?

Among the pages we read: the Netherlands Act criminalising conversion practices takes effect on 1 January 2027. A draft Conversion Practices Bill for England and Wales has been shared with Parliament for pre-legislative scrutiny. In Germany, a demand to add the characteristic sexual identity to the Basic Law and a motion to repeal the Self-Determination Act were referred to committees after Bundestag debates in 2025. In Portugal, a bill amending the legal regime for changing sex and first name in the civil registry was approved in a first-stage (general) vote on 20 March 2026 and sent to committee.

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About the author

António Mira is the founder of whereTOemigrate. For over a decade he has worked at the intersection of Portuguese real estate and overseas business, helping international clients navigate the cross-border decisions that come with relocating. He sits on the board of CCIAP (Portuguese-Arab Chamber of Commerce), the Portuguese-Saudi Business Council, and the Portugal-Hong Kong Business Association — always with one focus: enabling overseas business and human mobility into and out of Portugal.

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