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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

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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. What about the 5 year ban

  2. 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.

  3. 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.

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

    Thanks,

  5. 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

  6. 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?

  7. Excellent moves by Canadian authorities

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

  9. 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

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

  11. 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?

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

  13. I’m very very interested to work in Canada

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

  15. 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.

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

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

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

  19. 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

  20. 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?

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

    Thanks

  22. 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

  23. 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.

  24. 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.

  25. 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

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

  27. 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?

  28. 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.

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

  30. Hello,

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

    Thank You

  31. 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.

  32. 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.

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

  34. 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 ?

  35. excellent work kip up

  36. 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.

  37. 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.

  38. hi did you get any info on this?

  39. 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.

  40. 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. 🙂

  41. That is a very beautiful moves by Canadian authority

  42. Did u get any reply. .i have also question

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

  44. 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..?

  45. Is condtional permanent residence still dere?