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“Conditional PR” for Some Married Spouses

Canada has implemented its new rule to give only a ‘conditional permanent residence’ to sponsored spouses who have been in a relationship with their sponsor for less than two years and have no children from the partnership.

The new rules came into effect October 25, 2012.

Under the new rules, spouses with less than a two-year old relationship who are sponsored to come to Canada under the Spousal Sponsorship Stream need to live together with their sponsors, once they arrive in the country, for a minimum of two years to receive full permanent residence.

Should they split up beforehand, their PR can be revoked and they be subjected to deportation order.

The Conditional PR will give the sponsored spouse all the rights given to immigrants with full PR.

During the two-year conditional period, the sponsored can sponsor their families under Family Class, but their status will depend on the status of the sponsor.

Exemptions

But Citizenship and Immigration Minister Jason Kenney says there will be exemptions for those who had to endure abuse or neglect during the two years.

The government will train its officers to correctly process applications for exemptions based on neglect or abuse.

 No Pro-Active Checking

And Kenney says officials will not be visiting bedrooms to check whether a couple is together. Rather, he says, it will be ‘complaints driven’ – meaning the government will act if there are complaints from either of the partner or someone else.

And if the government issues a directive revoking the conditional PR of the sponsored spouse, he or she will have the option to appeal.

The latest is part of the government plan to crackdown on so-called fraudulent marriages. Earlier this year, the government issued guidelines to bar those coming to Canada under Spousal Sponsorship from sponsoring another person for five years.

The government says with the latest rule, it has brought its spousal sponsorship visa immigration system on par with other countries such as Australia, Britain and the United States.

 

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