In addition to legal restrictions, social factors such as discrimination by family members, communities, or authorities contribute to migration decisions.
[5] In some Western nations, LGBT individuals from countries with restrictive laws are recognized as belonging to a vulnerable social group.
[11] At the beginning of the 20th century, homosexuality was classified as a mental disorder and was used as a basis to prohibit queer individuals from immigrating to the United States and Canada.
During migration, some LGBTQ individuals, particularly queer men and trans women, engage in or return to sex work, which increases their exposure to violence and risks to their physical and emotional well-being.
In legal and bureaucratic processes, LGBTQ migrants may face homophobia, transphobia, and administrative systems that are not adequately equipped to address their specific needs.
Transgender individuals, particularly trans women, frequently experience sexual violence and discrimination in shelters, where they may be denied accommodations that align with their gender identity.
While some shelters cater specifically to LGBTQ migrants, restrictions on aspects such as social interactions, relationships, and expressions of affection may limit civil liberties.
In 1994, a policy change allowed sexual minorities to be recognized as members of a particular social group that could face persecution in their home countries, making them eligible to seek asylum in the United States.
[19] In the United States, judges and immigration officials require that homosexuality must be socially visible in order for sexual persecution to be a viable complaint.
[21] Europe generally has legal protections and policies that support LGBT rights,[vague] though attitudes and levels of acceptance vary by country.
This variation has contributed to a perceived divide between countries with more inclusive policies, often associated with Western Europe, and those with restrictive laws or less social acceptance.
[26] Many Irish LGBTQ individuals have historically migrated to Great Britain, particularly London and other large urban areas, in search of employment and a more accepting social environment.
[26][27] Irish LGBTQ immigrants may experience vulnerability due to the absence of family support networks, homophobia, transphobia, and discrimination.
[28] The period leading up to and following the passage of the Anti-Homosexuality Act, 2014, saw an increase in LGBTQ Ugandans fleeing the country, with at least 400 seeking refuge in Kenya.
LGBTQ rights in Asia are limited, with individuals facing discrimination, marginalization, and, in some countries, criminalization, including the death penalty.
[31] Compared to its Middle Eastern neighbors, the State of Israel has more LGBTQ-supportive policies for Israeli citizens and accepts LGBTQ asylum applicants.
[35][36][37] Anthropologist Sa’ed Atshan describes pinkwashing as the portrayal of Israel as a safe haven for LGBTQ individuals to attract tourism and international support.
The exact number of arriving or fleeing LGBT asylum seekers in Turkey is unknown since the state does not provide migration statistics concerning sexual orientation and gender identity.
However, academic researches show that LGBT asylum seekers arrive in Turkey from North and Sub-Saharan Africa as well as the Middle East.
[41] Prominent countries known for substantial LGBT emigration include Iran, Iraq, Jamaica, Pakistan, Saudi Arabia, Mexico, and Brazil.
[45] In 2008,[needs update] only Canada, Norway, Iceland, Denmark, the United States, and Switzerland had enacted immigration equality allowing for partner sponsorship.
"[49] LGBT refugees are those who are persecuted due to their sexuality or gender orientation and are unable to find protection from their home nation.
[UNHCR] During meetings to determine eligibility and suitability, applicants face obstacles that can prevent them from making a successful claim.
According to Carol Bohmer and Amy Shuman, statistics make it clear that chances of a successful asylum or refugee claim are greatly improved with legal assistance in the United States.
[56] In seeking asylum, applicants are expected to prove their sexual or gender orientation as a proof of being a part of a particular social membership.
Bisexual claimants face an even greater challenge in providing evidence that immigration officials expect in asylum cases due to their dual sexuality.
The common preassumption that bisexuals are able to choose partners from the opposite sex is one of the main reasons why they have more obstacles in the process of asylum seeking.
][66] Research indicates that LGBT asylum seekers may suffer from poor mental health outcomes due to emotional traumas that they faced in their home countries as well as while going through the immigration process.