Did you know that if you are being sponsored by your Canadian spouse, your permanent residence in Canada upon landing may be a conditional one?
Immigration Canada has introduced conditional permanent residence for sponsored spouses and partners for a two-year period. The new law applies to those who are in a relationship for two years or less with their sponsor and have no children in common at the time they submitted their sponsorship application.
In particular, the new amendments to the Immigration Regulations specify that “spouses, common-law or conjugal partners who are in a relationship with their sponsor for two years or less and have no children in common with their sponsor at the time of the sponsorship application are subject to a period of conditional permanent residence.” Your conditional permanent residence will be removed and you will become a “real” permanent resident after cohabiting in a conjugal relationship with your sponsor for a period of two years after the day on which you became a permanent resident.
Additionally, you may have accompanying family members or may, after being granted permanent residence, in turn sponsor your relatives who are members of the family class as defined by the Immigration Regulations. However, you shall be barred from sponsoring a new spouse or partner for a period of five years. In such instances, the permanent resident status of your accompanying family members and the members of your family you sponsor later will be contingent upon your status in Canada.
The conditional permanent residence will end after the two-year period. There are two exceptions.
Exception one: death of the sponsor.
It only ceases to apply when there is evidence that the sponsor has died during the two-year period of conditional permanent residence.
Exception two: abuse.
Given concerns about the vulnerability of spouses and partners in abusive relationships, the condition also ceases to apply in instances where there is evidence of abuse or neglect from the sponsor, or of a failure by the sponsor to protect you or your child or other relative and who is habitually residing in the household from abuse or neglect by another person related to the sponsor (whether the perpetrator is residing in the household or not) during the conditional period. For both exceptions, you must have lived together in a conjugal relationship with the sponsor up until the cohabitation ceased as a result of the death of the sponsor, or of abuse or neglect.
Last updated: 11.06.2014 (as per OB 480)