On October 26, 2012, Citizenship and Immigration Canada (“CIC“) implemented conditional permanent residency for certain people who immigrate to Canada under the spousal-sponsorship program. The implementation of conditional permanent residency took affect on October 25, 2012, the day prior to CIC publicizing it. The change was not retroactive, and will not affect sponsorship applications which were received by CIC prior to October 25, 2012.
CIC has stated that the goal of introducing conditional permanent residency is to reduce instances of marriages of convenience.
What Conditional Permanent Residency Is, and Who it Applies to
Conditional permanent residency applies to individuals who are the spouse, common-law, or conjugal partner of their sponsor for two years or less when they submit their sponsorship applications and who do not have children in common with their sponsor when they submit the sponsorship applications (“Conditional Permanent Residents“). Conditional Permanent Residents are required to cohabit in a conjugal relationship with their sponsors for a continuous period of two years after the day on which they become permanent residents (the “Condition“). If CIC determines that Conditional Permanent Residents have breached the Condition, CIC will declare them inadmissible to Canada, and removal proceedings will be initiated. Conditional Permanent Residents are able to appeal such decisions to the Immigration Appeal Division, which can consider humanitarian & compassionate considerations.
Specifically, the Condition applies if the couple does not have any children in common and:
- has been married for two years or less;
- dated for four years, but has been married for two years or less;
- has been in a conjugal relationship for two years or less;
- has cohabited in a common-law relationship for two years or less; or
- has been in a common-law or conjugal relationship for more than two years and has been married for less than two years,