October 29, 2012

Two Years Conditional PR Status For Spouses

CIC has introduced amendments to the Regulations which specify that spouses or common-law or conjugal partners who are in a relationship of two years or less with their sponsor and have no children in common with their sponsor at the time of sponsorship application are subject to a period of conditional permanent residence. The condition requires the sponsored spouse or partner to cohabit in a conjugal relationship with their sponsor for a period of two years following receipt of their permanent resident status. The sponsored spouse or partner may have accompanying family members or may, after their arrival in Canada, sponsor members of the family class (and their accompanying family members). The permanent resident status of these accompanying family members and sponsored members of the family class is contingent upon their sponsor meeting the condition.

Given concerns about the vulnerability of spouses and partners who are in abusive relationships, the condition ceases to apply in instances where there is evidence of their abuse or neglect by the sponsor, or of a failure by the sponsor to protect them from abuse or neglect by another person related to the sponsor (whether that person is residing in the household or not) during the conditional period. Evidence that the sponsored spouse or partner was cohabiting in a conjugal relationship with their sponsor until the cohabitation ceased as a result of the abuse or neglect is also required. The exception applies to cases where the abuse or neglect occurred during the conditional period and was directed towards the sponsored spouse or partner, a child of either the sponsor or the sponsored spouse or partner, or a person related to either the sponsor or the sponsored spouse or partner who was habitually residing in their household.

The condition also ceases to apply where there is evidence that the sponsor has died while the sponsored person was still subject to the condition and that the sponsored spouse or partner had cohabited in a conjugal relationship with the sponsor up until the time of the sponsor’s death.

Click here to learn more about the Family-Class Sponsorship program!