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CANADA – New Rules for Spousal/Partner Applications

Citizenship and Immigration Canada (CIC) has announced that, from 25 October, certain non-Canadian spouses and partners applying for Canadian residency will be granted an initial period of two years conditional residency prior to being eligible for permanent residency.

Background

Citizenship and Immigration Canada is concerned about cases of marriage fraud, whereby “paper” marriages for the sake of Canadian residency are entered into. The background to the decision to introduce conditional residency can be found here. Several other countries, including the U.S., Australia and the UK, already issue conditional visas or permits to spouses or partners of citizens or permanent residents, granting permanent residency only after the conditional period has come to an end and the relationship can still be verified as genuine.

Who Is Affected?

For new applicants from 25 October 2012, conditional permits valid for two years will be issued to spouses or partners in a relationship of two years or less or who have no children in common with their sponsor at the time they submit their sponsorship application. The spouse or partner must still be living in a legitimate relationship with their sponsor two years after the day on which they receive their permanent resident status in Canada. The status of the sponsored spouse or partner may be revoked if they do not remain in the relationship.

Action Items

  • Note the changes described above

This news alert was prepared using information provided by New Era Immigration.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.