The Repeal of Conditional Permanent Residence
This Operational Bulletin (OB) provides operational guidance to employees of Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA). This guidance pertains to the regulatory amendments that repeal the two-year period of conditional permanent residence for spouses and partners who are in a relationship for two years or less with their sponsor and have no children in common at the time of the sponsorship application.
According to the provisions specified for conditional permanent residence, the authorities required sponsored spouses and partners to cohabit with their sponsor for a period of two years after the day they became permanent residents. This Operational Bulletin (OB) replaces the instructions given in OB 480.
The repeal of the conditional permanent residence will affect the following individuals:
- Permanent residents who have received a Confirmation of Permanent Residence (COPR) with a condition to cohabit with their sponsor for a period of two years and for whom the two-year term has not expired
- Permanent residents who are the subject of a report issued pursuant to the provisions specified in subsection 44 (1) of the Immigration and Refugee Protection Act (IRPA) for failing to comply with the requirement to cohabit with their sponsor for a period of two years, whom the officers have not yet referred for an Admissibility Hearing at the Immigration Division (ID) of the Immigration and Refugee Board (IRB) pursuant to the provisions specified in subsection A44 (2)
- This includes those people whom the officers have referred for an Admissibility Hearing at the Immigration Division (ID) of the Immigration and Refugee Board (IRB) pursuant to the provisions specified in subsection A44 (2), but for whom the authorities have not yet issued a removal order
- Permanent residents for whom the authorities have issued a removal order for failing to comply with the requirement to cohabit with their sponsors for a period of two years, who have filed an appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB) and for whom the authorities have not yet made a decision on the appeal[/accordion]
The Government of Canada put in place a conditional permanent residence measure for spouses and partners who had been in a relationship for a span of two years or less with their sponsor and had no children in common at the time of the sponsorship application on October 25, 2012. The condition required sponsored spouses and partners to cohabit with their sponsor in a conjugal relationship for a duration of two years after the day on which they became permanent residents. The authorities formulated the condition with the intent of deterring fraudulent applications. In particular, the authorities hoped to deter increasing incidents of marriage fraud in the family reunification program.
The condition typically applied to:
- Spouses and partners who had applied for permanent residence as members of the family class or the Spouse or Common-Law Partner in Canada (SCLPC) Class
- This included applicants who were eligible for processing under a public policy
- Individuals who became permanent residents as accompanying family members of people who were subject to the condition and,
- Sponsored members of the family class of a permanent resident who was subject to the condition
On October 229, 2016, the Government of Canada pre-published a proposal for eliminating the current conditional permanent residence measure. The authorities planned this so that new permanent residents would no longer need to live with their sponsors for two years in order to maintain their permanent resident status. The repeal of the condition serves to address concerns that conditional permanent residence could lead to vulnerable spouses staying in abusive relationships. It is worth highlighting that this change is in line with the Government’s commitment to reunite families. In addition, it helps make it easier for immigrants to build successful lives in Canada.
With effect from April 18, 2017, conditional permanent residence will no longer apply to new and existing applications for permanent residence under the spouse, common-law partner or conjugal partner category. In addition, it will not apply to the accompanying dependent children of these individuals either. Moreover, conditional permanent residence will not apply to applicants who have received sponsorship from permanent residents who were subject to the condition. The condition will no longer apply to sponsored spouses and partners, who have already received permanent residence with the condition. This applies to their accompanying family members and any sponsored family members as well.
The Amendments to the Immigration and Refugee Protection Regulations (IRPR)
The authorities plan to remove Division 8 of Part 5 of the Immigration and Refugee Protection Regulations (IRPR) entirely on the date of the repeal e.g. sections 72.1, 72.2, 72.3 and 72.4.
For greater clarity, the conditions specified in Division 8 of Part 5 of the Immigration and Refugee Protection Regulations (IRPR) as that Division read immediately prior to the date of the coming into force of these Regulations do not apply to sponsorship applications that are pending on that date.
In addition, the authorities will remove any condition imposed on a person under Division 8 of Part 5 of the Immigration and Refugee Protection Regulations (IRPR) as that Division read immediately before the date of the coming into force of the Regulations.
The authorities require Immigration, Refugees and Citizenship Canada (IRCC) officers to assess eligibility requirements for all permanent residence applications. In addition, the Immigration, Refugees and Citizenship Canada (IRCC) officers will need to determine if the applicants meet the requirements specified under the Act. For spousal and partner applications, the officers will need to make a determination on whether the relationship is genuine, according to the provisions specified in section R4. The officers will need to be satisfied:
- About the bona fides of the relationship and,
- That the applicant is a member of the family class
Only then will the officers enter the decision in the Global Case Management System (GCMS).
The table that follows lists the possible scenarios of people affected by the repeal of the condition and the appropriate course of action.
| The Scenario | The Course of Action |
| The officers have not assessed eligibility on a new permanent residence application | The officer will need to process the application and select ‘condition does not apply’ in the Eligibility tab in the Global Case Management System (GCMS). Refer to the section titled ‘The Global Case Management System (GCMS) Functionalities and Workarounds’ that appears subsequently in this document for more details. |
The application is in progress, the officers have assessed the eligibility and passed the applicant and the applicant would have a conditional permanent residence (i.e. ‘YES’ already selected under ‘Conditional PR’ in the Eligibility tab.) |
The officers will need to enter a new eligibility decision in the Eligibility tab in the Global Case Management System (GCMS) for reflecting that the condition does not apply.
Refer to the section titled ‘The Global Case Management System (GCMS) Functionalities and Workarounds’ that appears subsequently in this document for more details. |
| The permanent resident is currently subject to the condition and has received a Confirmation of Permanent Residence (COPR) with the two-year conditional permanent resident that has not expired | The permanent resident is no longer subject to the condition. As such, the condition no longer applies, which means that officers do not need to take any further action. |
| The permanent resident has asked for an exception from the application of the condition because of the death of the sponsor or as a result of abuse or neglect during the two-year period, and the authorities have not made any decision on the request | The requests will stand as cancelled. Officers will need to notify people requesting an exception that the authorities have repealed the condition. As such, the people requesting an exception are no longer subject to the condition. In case officers suspect that a person is experiencing domestic violence or abuse in their relationship, they would need to refer to the website of Immigration, Refugees and Citizenship Canada (IRCC) for additional information, which could assist these individuals. Note: Situations could arise where officers receive requests for an exemption from permanent residents and there is an active investigation for marriage fraud. In this scenario, the officers will need to inform the permanent residents that the condition no longer applies. However, the investigation for possible marriage fraud will need to continue. As such, the authorities could still issue a section A44 report to the permanent resident on grounds of misrepresentation. |
The permanent resident is subject to a section A44 report for failing to comply with the requirements of the conditional permanent residence, which officers have not yet referred for an admissibility hearing at the Immigration Division (ID) of the Immigration and Refugee Board (IRB). The permanent resident is subject to a section A44 report for failing to comply with the requirements of the conditional permanent residence, which officers have referred but the officers have not yet scheduled an admissibility hearing at the Immigration Division (ID) of the Immigration and Refugee Board (IRB) and they have not issued a removal order either. |
In case the officers have not yet referred a report to a Minister’s delegate, the officers will need to conclude the examination as ‘No Further Action’ in the Global Case Management System (GCMS) and not refer the report to the delegate. In case the officers have referred the report to a Minister’s delegate, the delegate will not refer the section A44 report for a hearing before the Immigration Division (ID) of the Immigration and Refugee Board (IRB). The permanent resident will no longer remain subject to the condition. As such, the officers will need to send a letter to the permanent resident notifying them that the authorities have repealed the condition and that as a result, they are no longer subject to conditional permanent residence. |
| The permanent resident is subject to a section A44 report for failing to comply with the requirement of the conditional permanent residence and the authorities have commenced an admissibility hearing at the Immigration Division (ID) of the Immigration and Refugee Board (IRB), but have not yet rendered a decision | The Minister’s delegate will need to withdraw the referral based on mootness because the permanent resident is no longer subject to the condition. The officers will need to send a letter to the permanent resident notifying them that the authorities have repealed the condition and that as a result, they are no longer subject to conditional permanent residence. |
The permanent resident is subject to a section A44 report for failing to comply with the requirement of the conditional permanent residence and the officers have issued a removal order to the individual. But, the permanent resident has filed an appeal at the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB), but the authorities have not yet rendered a decision on the appeal. |
The Minister’s counsel will need to concede or request that the authorities grant the appeal on the basis that the authorities have repealed the regulation and that the permanent resident is, therefore, no longer subject to the condition. As a result, the officers will no longer enforce the removal order for non-compliance with the former regulations. |
- Officers will need to manually enter ‘No’ in the Conditional field to confirm that the condition does not apply for all new positive eligibility decisions
- This is applicable until the authorities make the relevant changes in the Global Case Management System (GCMS)
- Situations could arise where the authorities made a positive final decision on the application before the coming into force of the repeal and the applicant was subject to the condition, but the officers have not yet issued the Confirmation of Permanent Residence (COPR)
- In this scenario, the officers will need to go into the Eligibility Assessment view and remove the condition prior to issuing the Confirmation of Permanent Residence (COPR)
- In some cases, the officers might have rendered a positive eligibility decision before the date of coming into force of the repeal, but the authorities might not yet have rendered a final decision
- In this scenario, the officers will need to enter a new eligibility decision indicating that the condition does not apply
- It is worth mentioning that the authorities do not intend to change the Conditional field in the Eligibility Assessment view in the Global Case Management System (GCMS) until the release in June 2017
- The officers refer to the Conditional field in the Eligibility Assessment view in the Global Case Management System (GCMS) for checking whether an individual is subject to the conditional permanent residence
Beginning on the date of the repeal, the authorities require officers to remove any special note under the section titled ‘Conditions’ mistakenly added to the Confirmation of Permanent Residence (COPR) regarding the conditional permanent residence. Situations could arise where officers do not select ‘No’ instead of ‘Yes’ in the Conditional field in the Global Case Management System (GCMS). In this scenario, the officer will need to enter a new eligibility decision. In addition, the officer will need to indicate a ‘No’ in the Conditional field. In some cases, the officers might have printed the Confirmation of Permanent Residence (COPR) indicating the condition. To remedy this, they will need to print a new amended Confirmation of Permanent Residence (COPR).
The authorities have provided for a transition period where the officers might already have transmitted the Confirmations of Permanent Residence (COPRs) issued prior to the date of the repeal to future permanent residents. The condition may appear on the Confirmation of Permanent Residence (COPR). However, it will not be valid. Officers at the port of entry (POE) or at local offices of Immigration, Refugees and Citizenship Canada (IRCC) would need to verbally inform new permanent residents affected by this situation that they are no longer subject to the conditional permanent residence. In addition, they would need to send a letter to everyone who became a permanent resident within the last two years and had the condition specified on their Confirmation of Permanent Residence (COPR). This letter would serve to inform the individuals that the authorities have repealed the requirement.
Further Information
For more information, officers would need to go through:- OB 238 – The amendment to section 4 of the Regulations
- OB 386 – The five-year Sponsorship Bar for people who were sponsored to come to Canada as a spouse or partner
- OB 396 – The instructions to visa officers on making determinations on membership in the family class
- OB 480 – The conditional permanent residence measure for spouses and partners in relationships of two years or less and who have no children in common (expired) and,
- OB 613 – The instructions pertaining to excluded relationships (by proxy, telephone, fax, internet or similar marriage forms) where one or both parties were not physically present
