Conditional Permanent Residency for Sponsored Spouses

Citizenship and Immigration Canada introduced a new regulation, effective October 25th 2012, for spousal sponsorship applications that are received on or after this date. The regulation puts a two year conditional permanent residence period on specific sponsored spouses or partners. It applies to spouses or partners that are in a relationship for less than 2 years and with no children together at the time they submit their spousal sponsorship application. The sponsored spouse or partner’s permanent residency status can be revoked if the relationship does not continue within that 2 year period.

There are exceptions. The conditional permanent residence does not apply where there is evidence of abuse or neglect, either by the sponsor or relatives of the sponsor, or in the event of the sponsor’s death.

Furthermore, the conditional permanent residence is no different than regular permanent residence, expect for the 2 year requirement to remain in a legitimate, cohabiting relationship. The sponsored spouse or partner may have accompanying family members or can still sponsor other family members, but those family members’ permanent residence will also be contingent on the sponsored spouse meeting the 2 year condition.

This is the second effort this year by Citizenship and Immigration Canada to deter marriage fraud for the purpose of acquiring permanent residency. In March, 2012, the government announced a ban on sponsored spouses from sponsoring a new spouse for five years after the date they received permanent residency.

In August this year, the RCMP laid charges on 39 people for their involvement in an alleged marriage scam. Women in Montreal were recruited to marry North African men whose temporary status in Canada was soon to expire. Source: RCMP News Release

For more information, visit see Citizenship and Immigration Canada’s October 26th New Release.