US & Canada Immigration News

Toll-Free: 1-866-929-0991

Outside of North America: +1-416-410-7484

Fill out our immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and immigration options.

Canada Eliminates Conditional Permanent Residence

Ending Conditional PR to Stop Abusive Relationships

As of April 28, 2017, spouses and common-law partners who are sponsored to immigrate to Canada will not experience a period of conditional Permanent Resident status. From this point further, they will have full permanent residence upon arriving in Canada. The Canadian government suggested that by eliminating the condition, it addressed concerns that vulnerable sponsored spouses or partners may stay in abusive relationships because they are scared that it would cause them to lose their permanent resident status. The government labeled “abusive relationships” as physical, sexual, psychological, and/or financial.

The original condition was introduced by the previous more Conservative government in October 2012 to help deter people away from immigrating to Canada through non-genuine relationships. While the more Liberal Government does recognize that there are cases of marriage fraud that exists merely to enter Canada, they also stated that ‘the majority of relationships are genuine and most spousal sponsorship applications are made in good faith.’ They also added that ‘eliminating conditional permanent residence upholds the Government’s commitment to family reunification and supports gender equality and combating gender violence.’ Since the original condition in 2012, more than 100,000 individuals have immigrated to Canada as conditional permanent residents. The state required that the sponsored spouse or partner to live in a conjugal relationship with their sponsor for two years unless they were the victim of abuse or their sponsor died. Canadians expressed concerns that this condition placed abused spouses and partners in a  vulnerable position which created the uproar to have the condition changed to protect these immigrants.

The Immigration, Refugees and Citizenship Canada (IRCC) released their Forward Regulatory Plan in October 2016 that stated its intention to ‘change those provisions with the objective of addressing concerns that have been identified, such as the vulnerability of sponsored spouses.’ Also, during the time of the Forward Regulatory Plan released statement, the IRCC also stated ‘On balance, the program integrity benefits of conditional permanent residence have not been shown to outweigh the risks to vulnerable sponsored spouses and partners subject to the two-year cohabitation requirement …The proposed repeal of conditional permanent residence recognizes that the majority of relationships are genuine, and the majority of applications are made in good faith. Eliminating conditional permanent residence would facilitate family reunification, remove the potentially increased vulnerability faced by abused and neglected spouses and partners, and support the Government’s commitment to combating gender-based violence.’

Now that the conditional permanent residence has been eliminated, anyone who was sponsored by a Canadian including children or parents of the sponsored individual has also had the condition lifted. Immigration officers are trained to take marriage fraud seriously and to investigate these relationships to ensure that relationships coming into Canada are authentic and genuine. Although any case that was under investigation for non-compliance with the cohabitation condition has ceased, the cases involving marriage fraud will continue to be investigated by the Canadian government.

 

If you are involved in an abusive relationship please visit: http://www.justice.gc.ca/eng/cj-jp/fv-vf/help-aide.html

 

Are You Interested in Immigrating to Canada?

Fill out our FREE online immigration assessment, and we will get back to you within 24 hours.

WE WANT YOUR FEEDBACK! 

Do you think eliminating the conditional PR will help slow down abusive relationships? Comment below, we want to hear your opinion!

Related Pages:

Immediate PR Status

How to Remove Conditions on Resident Status if Marriage is Dissolved in 2 Years

Permanent Residence Process
Express Entry Program

 

Source: https://www.canada.ca/en/immigration-refugees-citizenship/news/2017/04/eliminating_the_imbalanceforsponsoredspousesandpartnersbyremovin.html

About Immigration Lawyers

Read more

Vote for Our Blog! Our blog has been nominated for Best Legal Blog of 2017 by The Expert Institute.

6 thoughts on “Canada Eliminates Conditional Permanent Residence

  1. Suleman

    Hi guys,

    I would like to ask, if someone is going through or went with the same hassle as me for processing Work Permit application and not getting any reply from so long?
    Well, I live in Dubai and got a job in Ontario with an offer of 25$ per hour and received a positive LMIA on 25th Aug 2016, then applied for Work permit (online) in Canada through a Canadian lawyer on 7th Sep 2016. After few months I got a Biometric letter through lawyer and given my Biometrics on 29th Sep 2016 in VFS office Dubai. But since then I am waiting for a reply from Canadian authorities but till today there’s no response.
    As I approached several times to the lawyer and he says that all the applications of Work permit have been delayed, especially people live in Dubai/UAE.
    My application from the day submitted till today has completed almost 9 months and approx 6 months after biometric… 🙁

    I don’t know exactly what’s going on with my and others applications but is there anyone else who has simillar issue?

    Reply
    1. Immigration Lawyers Post author

      Hi Suleman,
      I’m so sorry to hear the hardships you’re facing with transferring to a Canadian company. Unfortunately, since you are a client of a different law company, we can not check up on your case and see what the status is but I do hope you find the answers through the other company soon! If not and you would like to apply for the help of our experienced lawyers you can fill out our online assessment form. Hiring our immigration lawyers will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/

      Reply
  2. syed Azhar Abbas Zaidi

    Dear sir/madam 

    I am azhar abbas (pakistani national) currently residential in saudi arabia from last 5 years during this period working on courier  delivery in SMSA, i applied tourisam visa for canada approximately 10 days ago but was rejucted due to some documnet explaintaion mistake i want to aplly 2 time kindly guide or help me regarding procedure to make sure to get tourism visa.

    Thnaks & Regards,

    Azhar abbas 

    00966-530051361

    Reply
    1. Immigration Lawyers Post author

      Hi Azhar,

      Thank you for contacting us at VisaPlace! I’m sorry to hear you were rejected. The number one reason applications are denied is that people try to do it themselves without the help of a lawyer. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  3. Shawn

    This certainly will improve the condition for those who were in abusive relationships. I have a little different story which I could not find a good answer yet. I am a Canadian citizen and got married to a woman from my home country in the Middle East. We got married in July 2015 back home (no Canadian marriage or documentation at all). I sponsored her in August 2015 and she got her PR in June 2016. She left Canada back home in August 2016 (she was her only for 70 days). Due to severe compatibility issues we got separated in September 2016 and got divorce in October 2016. At the time her PR was conditional but with the new law in April 2017 the conditions are removed. We are divorced 6-7 months before the new law and I did not cancel the undertaking after divorce (I had no idea if the law will change!). No, she is a PR and this is a done deal. I am left with 24 month of sponsorship obligation according to the law (simply because of the timing of the new law and its retroactive nature) and if she returns to Canada and applies for welfare (she definitely will until she finds a job or continues her education) then I will have to pay the government back (some 16-17 k). Obviously, I am worried about this but my main concern is what is in the future I marry another woman from my home country and want her to join me here in Canada (Ontario). Can I show the evidences for my divorce which took place 7 month before the new law is effective and be able to sponsor my future wife? Does this has to happen after my first undertaking period ends? and last question, what if I get married now and do not sponsor my wife until end of the first undertaking. Can I sponsor her two years after getting married?

    Reply
    1. Immigration Lawyers Post author

      Hi Anubhav,

      Thank you for contacting us at VisaPlace! I’m sorry to hear the hardships you and your future wife have faced. You may qualify to sponsor her but we do need to take a closer look at you and your case. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply

The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.

Associations