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CIC News / 2017 / April / Canada Abolishes Conditional Permanent Residence Provision for Spouses and Partners

Canada Abolishes Conditional Permanent Residence Provision for Spouses and Partners

April 28, 2017 by CIC News

Spouses and common-law partners sponsored to immigrate to Canada will no longer experience a period of conditional permanent resident status. Instead, they will have full permanent resident status upon landing. The removal of the conditional permanent residence provision was confirmed by Immigration, Refugees and Citizenship Canada (IRCC) on April 28, 2017.

By eliminating the condition, the Liberal government said that it was addressing concerns that vulnerable sponsored spouses or partners may stay in abusive relationships because they are afraid of losing their permanent resident status, even though an exception to the condition existed for those types of situations. Abuse may be physical, sexual, psychological, and/or financial.

The condition had originally been introduced by the previous Conservative government in October, 2012 as a means to deter people from seeking to immigrate to Canada through non-genuine relationships.

While the current government admits that cases of marriage fraud may exist, it also states that ‘the majority of relationships are genuine and most spousal sponsorship applications are made in good faith,’ adding that ‘eliminating conditional permanent residence upholds the Government’s commitment to family reunification and supports gender equality and combating gender violence.’

The elimination of the condition had been expected for some time. In its Forward Regulatory Plan released in October, 2016, IRCC stated its intention to ‘[change] those provisions with the objective of addressing concerns that have been identified, such as the vulnerability of sponsored spouses.’

At that time, IRCC stated that ‘On balance, the program integrity benefits of conditional permanent residence have not been shown to outweigh the risks to vulnerable sponsored spouses and partners subject to the two-year cohabitation requirement . . . The proposed repeal of conditional permanent residence recognizes that the majority of relationships are genuine, and the majority of applications are made in good faith. Eliminating conditional permanent residence would facilitate family reunification, remove the potential increased vulnerability faced by abused and neglected spouses and partners, and support the Government’s commitment to combating gender-based violence.’

“The government’s action today, and over recent months, says to new immigrants and Canadians alike that they are trusted. It also reaffirms the government’s belief that the existing legislation is robust enough to be able to deal with any possible case of abuse without recourse to a conditional permanent residence provision,” says Attorney David Cohen.

“The safety and well-being of all residents of Canada is paramount, and by eliminating this provision, the government will allow more newcomers to settle and integrate, knowing that Canada is their long-term home. Overall, it helps to build a stronger society for all.”

What to do if you’re in an abusive situation

The government provided the following advice for persons in abusive situations: In Canada, abuse is not tolerated. If you are a sponsored spouse or partner and are experiencing abuse or neglect by your sponsor or their family, you do not have to remain in that abusive situation. Find out how to get help.

Find out more about spousal/common-law sponsorship.
To find out if you are eligible to sponsor your spouse/partner for Canadian permanent residence, fill out a free assessment form today.

© 2017 CICNews All Rights Reserved

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Comments

  1. Zouhair says

    April 28, 2017

    What about the 5 year ban

    Reply
  2. Gb says

    April 29, 2017

    Regarding spousal sponsorship, why it takes so long this time?do we need to wait 3 yrs before the decision? Website says that 26 months but ours almost 3 yrs now.

    Reply
  3. Waseem says

    April 29, 2017

    This is horrible. The women I sponsored used me to come to Canada and I was depending on this provision to be grounds for an investigation to help my case that she never wanted to be with me (which she admitted to me after a 9 year relationship). She waited for the permanent residence card to come in and she left me. I think this is ridiculous as there was already a section in the condition that it can be waived in the case of abuse. I know this because she got a lawyer and her lawyer told her to claim abuse so they won’t deport her, even though there was no abuse.

    Reply
  4. Paramjit Verma says

    April 29, 2017

    My daughter-in-law received her conditional PR in May last year. Is she required to change her PR card now?

    Thanks,

    Reply
  5. Okonkwo ikechukwu says

    April 29, 2017

    I was sponsored by my wife who is a Canadian citizen in 2010, but I was denied visa. pls I need advise from you. thanks

    Reply
  6. Simona says

    April 29, 2017

    We are one of the thousands victims from the Conservative government by changing the dependent child age, Our daughter is 21 and we been refused by the immigration to sponsor her is a family member or dependent child
    Is all ready over a year of stress trying to get our daughter home in Canada, she want to continue her education, work, and be with her family
    Can anyone help?

    Reply
  7. C. E. Eke Mr says

    April 29, 2017

    Excellent moves by Canadian authorities

    Reply
  8. Arshadaiyub Motala says

    April 29, 2017

    hi I have quick question
    how long is the prosess for spouse from india to get canada.

    Reply
  9. Boyo says

    April 29, 2017

    Dear Sir / Madam,
    Good day.i just which to fine out. About self sponsored for couples to canada.That is I am married and I want to come to Canada with my wife under self sponsored,what can I do?
    Thank you

    Reply
  10. Dr. Mohammed Buba Abatcha says

    April 29, 2017

    Interesting. What a friendly home to be. I wish I could get my ways to Canada. Great to hear that.

    Reply
  11. Deepthi says

    April 30, 2017

    Will there be a change in rule for babies born outside canada for pr parents ? Will they get permanent residence status when they enter Canada?

    Reply
  12. Shoyinka Omobonike says

    April 30, 2017

    I want to apply for visa to Canada where do I pay and how do I get my form

    Reply
  13. Avtar Singh Saini says

    April 30, 2017

    I’m very very interested to work in Canada

    Reply
  14. Dogum Gunu Pastasi says

    May 1, 2017

    Very beautiful, I love it. Thank you for sharing.

    Reply
  15. Vipan Malik says

    May 1, 2017

    Does the abolition of Conditional permanent residence provision for spouses and partners apply only to the spouses or common law partners immigrating to Canada after 28.04.2017 or retrospectively.

    Reply
  16. Nnadi Philomina Charles says

    May 1, 2017

    Iam a 50 years old and a nursing sister in my country,l am interested in have a permanent residence in canada

    Reply
  17. TARIQ MAHMOOD BUTT says

    May 2, 2017

    Complicated , is it possible to get this Law full translation in Urdu Language to understand & decide exactly .

    Reply
  18. Magda Khalifa says

    May 4, 2017

    My daugter is on PR in Canada and she is not working but I can support myself can she sponsor me now.

    Reply
  19. Francisco says

    May 4, 2017

    I have girlfriend in canada, she’s working there even she don’t have work permit. She left me for a reason, she want to be a Canadian Resident and she have boyfriend now a Canadian Resident, they plan to get marry to become a common law partner and now become a Permanent Resident. They have only one month relation with her new boyfriend, is this a marriage fraud? Please help to answer

    Reply
  20. Prima Josephine Mandario says

    May 4, 2017

    What if i am in a long distance relationship where we are friends before but become geniune lovers through online and had never been together since the beginning of the relationship. Can we still get married?

    Reply
  21. Serena Milloni says

    May 4, 2017

    What happens to those who are in the conditional period right now?

    Thanks

    Reply
  22. Ray says

    May 4, 2017

    We still have those canadian who are effected from 5 year ban of sponsor. There are many cases who been in abusive relationship and I appreciate that government listen to them but at the same time still they been painted with same brush and make them not eligible to sponsor someone for 5 year if they remarried. Stistic shows, there are many Canadian who remarried after first relationship ends and find happiness so this 5 year ban actully stop a basic right of a person. Which is freedom of positive choice of his or her better life and that’s been limited for 5 years.
    Thanks

    Reply
  23. Noel Crawford says

    May 4, 2017

    However, this does not change for spouses who are already here and have permanent residency yet cannot apply for citizenship due to the Harper legislation that changed the rules. Is there any news on this? Please publish something about that.

    Reply
  24. Gwen Sherwood says

    May 4, 2017

    Undeniably in removing this abusive provision is welcome but the other part of Conditional Permanent Residence which is significant and remains is the ‘ 5 year wait ‘ for a sponsored spouse to sponsor his new spouse.
    Any suggestions.
    Thank you.

    Reply
  25. Zing says

    May 4, 2017

    Question – if condition of cohabitation of sponsored person is abolished – condition one on sponsored person, does this mean financial support condition on sponsor is abolished along with it.

    If one condition of contract is not applicable that means whole contract is invalid / not applicable

    Reply
  26. Nikolina says

    May 4, 2017

    if condition one (cohabitation) from sponsorship contract is abolished this will terminate whole contract. does condition of financial support on sponsor will still apply ?

    Reply
  27. Tracey Nguyen says

    May 4, 2017

    Does the abolition of Conditional permanent residence provision for spouses and partners apply only to the spouses or common law partners immigrating to Canada after 28.04.2017 or retrospectively.

    My husband received his conditional PR in Sept 2016 last year. Will the conditional rule no longer applied to my husband case?

    Reply
    • Peter says

      June 27, 2017

      Yes it no longer applies to your husband because the old law is abolished and no body should be held at ransom.

      Reply
  28. Kenny singh says

    May 4, 2017

    Hello I came in Canada on 25 October 2016 and lived with my wife and she abused and neglect me so I apply for exception and file my case of abused and neglect in cic on 16 march 2017. And leave that house immediatealy but cic didn’t email me or contact me anything till it’s 3 may 2017.
    So my question is-
    I heard that new rules come in 28 April 2017 and I am under conditional pr , so that rules also apply on me or not .
    I am in tension and worried about my case and status in Canada ,what happen now.
    Please answer is as soon as possible.

    Reply
    • Abhi says

      May 17, 2017

      Did u get any reply. .i have also question

      Reply
  29. John says

    May 4, 2017

    PR is conditional residency because it can be taken away for fraud, criminal activity, terrorism or living outside Canada for too long.

    Reply
  30. Jaswinder Singh Hero says

    May 4, 2017

    Hello,

    I am wondering if anyone had divorce within two years, then would two year spousal support also be abolished or not?

    Thank You

    Reply
  31. Niky says

    May 4, 2017

    May God bless the PM he definitely changed my life because i was living in an abusive marriage and scared to come out due to the consequences that i would have to face
    *tears of joy* nobody will understand the weight lifted off until you go through it.

    Reply
  32. leena says

    May 4, 2017

    I dont know what will happen to spouses like me who are already abandoned by their spouses and are living separately and are scared about immigration decision without their fault and facing stress. My application is already in review with the Immigration Canada.

    Reply
  33. Carrol Brown - Fuller says

    May 5, 2017

    I am a registered nurse seeking employment in Canada. How do I get the process started?

    Reply
  34. Vipan Malik says

    May 5, 2017

    Is the abolished conditional permanent residence provision of IRCC dated 28.04.2017 applicable to those spouses and common law partners who immigrated prior to April 28, 2017 or to those only who immigrated after the date in question ?

    Reply
    • Aki says

      May 6, 2017

      hi did you get any info on this?

      Reply
  35. miriam takanayi says

    May 5, 2017

    excellent work kip up

    Reply
  36. Michael Oblitey Tetteh says

    May 6, 2017

    Please I want to know if I can sponsor myself and what process do I have to go through to aquire a Canadian Permanent Residence Visa in my home country.

    Reply
  37. adrian says

    May 6, 2017

    good move. Canada is becoming more objective in immigration and simplifying constantly. This is akin to unnecessary corporate policies in the work place where a only small percentage of the people will take advantage/abuse the openness of privileges.

    The US is opposite. Doing unnecessary and expensive changes for little benefit like the proposed US-Mexico border wall which is a huge waste of time and money. The money could be used to provide jobs in the field of catching illegals with crime records and agencies who will help illegal migrants to settle legally and free training to get proper jobs.

    Reply
  38. Cheryl Austin says

    May 7, 2017

    I am a Canadian citizen living in Texas since 2003. I would like to move back to Canada and have my American husband join me, he is a US citizen. What steps do I have to take to make this happen.

    Reply
  39. June Kashif says

    May 10, 2017

    As a First Nation (Canadian citizen), who is in the process of sponsoring my husband that I must say this is great news!
    Hopefully IRCC will come to realize that my husband and I are indeed a “GENUINE” marriage so that we can begin to live our lives in Canada with each other after a long lengthy wait. Hiy hiy may Creator bless us. Ekosi. 🙂

    Reply
  40. Daniel olatunde says

    May 10, 2017

    That is a very beautiful moves by Canadian authority

    Reply
  41. Preet says

    June 29, 2017

    What about the spouse who have received a pr last year and have the conditional pr condiion on landing paper.. will the elimination of the rule apply to them..?

    Reply
  42. Navroop Bhatti says

    July 17, 2017

    Is condtional permanent residence still dere?

    Reply

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