Conditional Permanent Residence for Sponsored Spouses and Partners

Policy effect

Introduces a condition under the Immigration and Refugee Protection Regulations requiring sponsored spouses or common-law/conjugal partners in a relationship of two years or less without children in common to cohabit in a conjugal relationship with their sponsor for two continuous years following receipt of permanent residence, subject to certain exceptions.

Conditions and exceptions

Validated condition or limit: Introduces a condition under the Immigration and Refugee Protection Regulations requiring sponsored spouses or common-law/conjugal partners in a relationship of two years or less without children in common to cohabit in a conjugal relationship with their sponsor for two continuous years following receipt of permanent residence, subject to certain exceptions.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… annexed form, to be laid before each House of Parliament; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 5(1) and section 32 of the Immigration and Refugee Protection Act (see footnote c), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations. REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS AMENDMENT 1. The Immigration and Refugee Protection Regulations (see footnote 1) are amended by adding the following after section 72: DIVISION 8 CONDITION APPLICABLE TO CERTAIN PERMANENT RESIDENTS Condition 72.1 (1) Subject to subsections (5) and (6), a permanent resident described in subsection (2) is subject to the condition that they must cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident. Permanent resident subject to condition (2) For the purpose of subsection (1) and subject to subsection (3), the permanent resident is a person who was a foreign national who (a) became a permanent resident after making an application for permanent residence as a member of the family class, or an application as a member of the spouse or common-law partner in Canada class to remain in Canada as a permanent resident, as applicable; (b) at the time the sponsor filed a sponsorship application with respect to the person under paragraph 130(1)(c) had been the spouse, common-law partner or conjugal partner of the sponsor, as applicable, for a period of two years or less; and (c) had no child in respect of whom both they and the sponsor were the parents at the time the sponsor filed a sponsorship application with respect to the person under paragraph …

Review method

Two separate automated exact-claim source reviews

Other Canada changes operative in 2012

• 2012-03-02Five-Year Sponsorship Bar for Previously Sponsored Spouses and Common-Law Partners
• 2012-06-28Protecting Canada's Immigration System Act
• 2012-06-29Jobs, Growth and Long-term Prosperity Act
• 2012-06-30Order Respecting the Interim Federal Health Program, 2012
• 2012-07-01Updated Ministerial Instructions
• 2012-09-11Imposition of Temporary Resident Visa Requirement for Botswana, Namibia, Swaziland, St. Lucia, and St. Vincent
• 2012-10-18Application and Refugee Status Verification Requirements for Groups of Five and Community Sponsors
• 2012-11-01Regulations Amending the Citizenship Regulations
• 2012-11-23Mandatory In-Person Reporting Requirements for Designated Foreign Nationals
• 2012-12-15Refugee Appeal Division appeal provisions commenced
• 2012-12-19Expedited Asylum Claim Timelines and Work Permit Restrictions for Designated Countries of Origin