On April 28, Immigration, Refugees and Citizenship Canada (IRCC) announced the elimination of the conditional permanent residence provision for sponsored spouses and partners. This provision, put in place in October 2012, was meant to prevent fraudulent marriages entered into for the sole purpose of immigration. Under this provision, a sponsored spouse or partner of a Canadian citizen or permanent resident was required to live with their sponsor for two years if, at the time of applying, the couple did not have any children together and the relationship was less than two years old.
Effective immediately, sponsored spouses and partners will be relieved of this requirement to live with their sponsor and instead receive full permanent resident status upon landing. By getting rid of the conditional permanent residence provision, the government of Canada hopes to promote gender equality and battle violence. Under the conditional permanent residence provision, vulnerable spouses or partners may have felt the need to remain in an abusive relationship for fear of losing their status. While there did exist an exception to the condition that addressed violence, this does not mean that victims were aware of it or that no other factors might have prevented them from coming forward. Fear is a big factor in these situations and abuse is not always an easy case to present. As such, it is believed that sponsored spouses were put in a difficult position under this conditional status. With this change, sponsored spouses and partners can feel secure in their status without staying in a bad or dangerous relationship. As noted on the Government of Canada website, “any case that was under investigation for non-compliance with the cohabitation condition has ceased. However, cases involving marriage fraud will continue to be investigated.”
Violence is not tolerated in Canada. If you or someone you know is suffering from abuse or neglect under the hand of a sponsor or sponsor’s family, you can get help.
For more information about spousal sponsorship, click here or contact us to discuss your options for permanent residence.
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