According to the amended regulations, the sponsored spouse or partner would need to cohabit in a conjugal relationship with their sponsor. The duration of this period of cohabitation would be for a continuous period of two years after the day on which they became a permanent resident. Meeting this condition would enable the sponsored spouse or partner to maintain their permanent resident status.
The regulations prescribe a “continuous” period of two years of cohabitation. However, situations could arise where one or the other partner would need to leave the home for:
- Business travel
- Family obligations or,
- Work
In this scenario, CIC officers would need to refer to and follow the existing guidelines. These guidelines would help them assess the period of cohabitation, in case of any occurrences of temporary or short separations. The CIC officers would need to refer to Section 5.35 of OP 2 for further details.
A conjugal relationship denotes a relationship, where the individuals concerned:
- Are interdependent and,
- Have a significant degree of attachment:
- Financially
- Emotionally
- Physically and,
- Socially
- Share the household and related responsibilities and,
- Enjoy an exclusive relationship, with a mutual and continual commitment to living a shared life together
CIC officers could refer to the following documents for more information:
- Section 5.35 of OP 2 and,
- Section 5.20 of IP 8
CIC officers could request the sponsored spouse or partner for evidence of compliance. This is in case the officers believe that:
- The spouse or partner is not complying with the condition or,
- The spouse or partner has not complied with the condition
A typical scenario for this could be when a CIC or a CBSA officer:
- Receives a tip or,
- Possesses information that indicates non-compliance
In addition, officers could also request for evidence of compliance. This evidence would form part of a random assessment of the overall level of compliance with the condition. It would give an indication of the levels of compliance by the permanent residents who:
• Are subject to the condition at present or,
• Were subject to the condition previously
Source: Citizenship and Immigration
