Repeal of Conditional Permanent Residence for Sponsored Spouses and Partners (SOR/2017-56)

Policy effect

Repeals Division 8 of Part 5 of the Immigration and Refugee Protection Regulations, eliminating the requirement that certain sponsored spouses and partners cohabit with their sponsor for two continuous years to maintain permanent resident status, and amends definitions of abuse in Part 11 (Workers). Phase scope: Full operative implementation upon registration; applies to pending applications and existing conditional statuses.

Conditions and exceptions

Validated condition or limit: Repeals Division 8 of Part 5 of the Immigration and Refugee Protection Regulations, eliminating the requirement that certain sponsored spouses and partners cohabit with their sponsor for two continuous years to maintain permanent resident status, and amends definitions of abuse in Part 11 (Workers).

Official source excerpt

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

… laid before each House of Parliament, substantially in the annexed form; His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 5(1), paragraphs 14(2)(d) and 26(d) and section 32 (see footnote d) of the Immigration and Refugee Protection Act (see footnote e), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations. Regulations Amending the Immigration and Refugee Protection Regulations Amendments 1 Division 8 of Part 5 of the Immigration and Refugee Protection Regulations (see footnote 1) is repealed. 2 The Regulations are amended by adding the following after section 196.1: Abuse 196.2 For the purpose of this Part abuse consists of any of the following: (a) physical abuse, including assault and forcible confinement; (b) sexual abuse, including sexual contact without consent; (c) psychological abuse, including threats and intimidation; and (d) financial abuse, including fraud and extortion. 3 Subparagraph 209.2(1)(a)(iv) of the Regulations is replaced by the following: (iv) the employer must make reasonable efforts to provide a workplace that is free of abuse; and … Regulations in column 2 is replaced by the following: Item Column 2 Short-form Description 17 Make reasonable efforts to provide a workplace that is free of abuse Transitional Provisions 7 (1) The conditions set out in Division 8 of Part 5 of the Immigration and Refugee Protection Regulations as that Division read immediately before the coming into force of these Regulations do not apply to sponsorship applications that are pending on that date. (2) Any condition imposed on a person under Division 8 of Part 5 of the Immigration and Refugee Protection Regulations as that Division read immediately before the coming into force of these Regulations, or before that date, is removed. Coming into Force 8 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues There was a condition applicable to certain permanent residents that required a sponsored spouse or partner to cohabit with their sponsor for two years following the day on which they became a permanent resident. If the couple did not cohabit for the required two years, the sponsored spouse or partner could have lost their permanent … Immigration and Refugee Protection Regulations — which required two years of cohabitation as a condition of permanent residence for sponsored spouses and partners who, at the time of their application, had been in the relationship for two years or less and have no children in common — was repealed in its entirety upon registration of the amendments. The Immigration and Refugee Protection Regulations were also amended by adding the definition of “abuse,” currently found in paragraph 72.1(7)(a), to follow after section 196.1. The definition of abuse is used in Part 11 — Workers. “One-for-One” Rule The “ …

Review method

Two separate automated exact-claim source reviews

Other Canada changes operative in 2017

• 2017-01-01Randomized Intake and Selection System for the Parents and Grandparents Program (PGP)
• 2017-03-10Establishment of Formal Regulatory Application Process for Ministerial Relief (SOR/2017-38)
• 2017-05-01Expansion of Electronic Travel Authorization (eTA) to Select Low-Risk Nationals of Brazil, Bulgaria, and Romania (SOR/2017-53)
• 2017-05-05Formal Regulatory Repeal of the Live-in Caregiver Program (LCP) and Enactment of Transitional Provisions (SOR/2017-78)
• 2017-05-05Regulatory Framework for Automated Information-Sharing with Five Country Conference Partners (SOR/2017-79)
• 2017-06-06Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2017-1
• 2017-09-06Regulations Amending the Citizenship Regulations, No. 2
• 2017-10-24Increasing the Maximum Age of Dependent Children under the IRPR (SOR/2017-60)
• 2017-12-01Full Visa Exemption for Citizens of Bulgaria and Romania (SOR/2017-246)