The CIC would receive various spouse, common-law or conjugal partner applications for permanent residence. Therefore, the CIC officer processing the case would need to assess whether:
- The relationship is genuine or,
- The parties entered into the relationship primarily for the objective of acquiring any status or privilege under the Act (in accordance with s.4 (1) of the Regulations – see Note) AND,
- The applicant is a member of the family class (in accordance with OB 396 – Instructions to visa officers on making determinations on membership in the Family Class)
The amended regulations state that certain spouses and partners are subject to a condition. This condition usually entails that they cohabit with their sponsor for a continuous period of two years, after the day on which they became permanent residents. Therefore, CIC officers could request 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
This is in accordance with paragraph 72.1 (4).
Officers would investigate such cases as they would any other possible marriage of convenience. 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
Note:
- OB 238 deals with the amendments to Section 4 of the Regulations
Source: Citizenship and Immigration
