The Regulations prescribe a two-year period of conditional permanent residence. This condition applies to a spouse or partner. It is in accordance with the description given in S 72.1 (2) of the Regulations. It applies to a spouse or partner, who applied for permanent residence as:
- A member of the family class or,
- A member of the spouse or common-law partner in-Canada class
This would include applicants eligible for processing under a Public Policy. In these cases, officers would code these cases as FCH under [25.2].
This condition mentioned in the Regulations would apply on those spouse or partner applications, which the CIC received on or after October 25, 2012. This is because the regulatory amendments came into effect on October 25, 2012.
This condition also applies to:
- A permanent resident, who became a permanent resident as an accompanying family member of someone who is subject to the condition, and,
- Sponsored members of the family class of a permanent resident, who is subject to the condition
Section 5 contains further details on individuals, who would be subject to the condition, including:
- Accompanying family members and,
- Sponsored members of the family class
The condition becomes applicable when:
- The CIC officer approves the permanent residence application and,
- The applicant has been the spouse, common-law or conjugal partner of the spouse for:
- Two years or less and they do not have children in common at the time of the sponsorship application
- In this scenario, the permanent resident is subject to the condition after the day on which they became a permanent resident
- Therefore, the CIC officer would:
- Issue the Confirmation of Permanent Residence (CoPR) with a condition
- Select ‘Yes’ on the Conditional field of the principal applicant’s eligibility assessment record
- Issue a letter notifying the applicant of the condition
- Print this letter for each person subject to the condition
The condition does not become applicable when:
- The CIC officer approves the permanent residence application and,
- The applicant has been the spouse, common-law or conjugal partner of the spouse for:
- Over two years or if they have children in common at the time of the sponsorship application
- In this scenario, the permanent resident is not subject to the condition
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The Condition Applies If the |
The Condition Does Not Apply If the |
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Couple is married for two years or less, or, |
Couple is married for more than two years, or, |
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Couple dated for more than two years, but is married for two years or less, or, |
Couple have been in a conjugal relationship for over two years, or, |
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Couple have been in a conjugal relationship for two years or less, or, |
Couple have cohabited in a common-law relationship for over two years or, (see Note) |
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Couple have cohabited in a common-law relationship for two years or less, and, (see Note) |
Couple have children in common |
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Couple do not have any children in common |
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Note:
- A common-law partner denotes an individual, who is cohabiting with a person in a conjugal relationship, where the period of cohabitation has been for a duration of at least one year
- This is in accordance with the definitions listed in S1 (1) of the Regulations
- Evidence of marriage, common-law or conjugal partnership could comprise:
- A marriage certificate
- Evidence of cohabitation in a conjugal relationship for the purpose of determining a:
- Common-law relationship or,
- Conjugal relationship
- Evidence of having children in common could include:
- A birth certificate or adoption records that list the names of both the parents, or,
- A DNA certificate or report (where the DNA testing is the last resort, as prescribed in Section 13 of OP 1)
- Officers must enter all cases with conditional permanent residence into the GCMS
- This would enable them to automatically track and remove the condition, once the two-year conditional period prescribed in the Regulations has lapsed
Source: Citizenship and Immigration
