On October 29th 2016, the Liberal government issued a statement outlining their proposal to repeal the requirement that a sponsored spouse or partner cohabit with their sponsor for two years following their arrival in Canada. This two year conditional Permanent Residence period was introduced in 2012 in an attempt to deter immigration fraud. Conditional Permanent Residence applies to spouses or common-law partners in a relationship of two years or less, who have no children in common at the time they submit their sponsorship application. If the sponsored person does not cohabit in a legitimate relationship with their sponsor for two years following their arrival in Canada, they could lose their Permanent Resident status.

The introduction of conditional Permanent Residence was intended to deter what IRCC calls “marriages of convenience”, where one or both partners pretend to be in a genuine romantic relationship in order to obtain status in Canada. Unfortunately, these regulations can also place the sponsored spouse or partner at a higher risk of abuse. In cases where the sponsored spouse or partner is suffering abuse or neglect, it is more difficult for them to leave the relationship when they may also be risking their Permanent Resident status. IRCC’s Regulatory Impact Analysis Statement discusses the impact of the current regulations:

“A sponsored spouse or partner can be vulnerable for many reasons, including age, gender, official language proficiency, isolation, and financial dependence on their sponsor. The two-year cohabitation requirement can compound these vulnerabilities, and spouse and partners who are victims of neglect or abuse are most at risk in these situations”.

Sponsored spouses or partners subject to the two year conditional period can request an exemption if they are being abused or neglected by their sponsors. However, there are a number of reasons why a vulnerable spouse or partner may not seek this exemption or even be aware that it exists. Repealing the two year cohabitation requirement is a positive step towards protecting family class applicants who are the victims of abuse by their partners or spouses. While preventing immigration fraud is an important goal, IRCC already has measures in place to detect fraudulent sponsorship applications. Visa Officers are trained to screen applications for signs of fraud, and regularly conduct in-person interviews with applicants and sponsors before approving an application. A sponsored spouse or partner is still barred from sponsoring a new spouse or partner for a five year period.  Preventing immigration fraud should not come at the expense of penalizing victims of domestic abuse.

The proposed amendment will repeal the Regulations relating to the two year cohabitation requirement in full. It is expected to come into force in the spring of 2017.

 


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Baljinder Singh

Everyone in this office was incredibly supportive and helpful. In a situation that could have been very stressful, they took care of EVERYTHING. Thanks Jenny and Devika for providing exceptional service. Dealt with them for the second case, they kept me in loop for the whole process. Highly recommend using them again which in hindsight I will not have to but if you ever need legal help, they are definitely the people to go to!

Neha K

Borders Law firm - Devika OMG where do I start from.... so I got her number from my CA who I have been getting my taxes filed from last ten years. I was not sure what will happen to my mom's files becuase I had already tried four times before and everytime there was something or the other that happened and my application was not accepted... Devika has been my good luck, an angel in my life and a miracle believe it or not. I wish I could give you the details about why it was so so so important for my mom to get this immigration but unfortunately I can't share my personal details but I can tell you all one thing, that Devika and her team not only helped me with my mom's immigration case but also helped me with her super visa extension and all other obstacles we faced. I had no idea that my file can get approved so fast. Today I feel like my dream of having my mom here permanently came true all because of Devika.She is very knowledgeable, super patient, went out of her way to do, spent extra hours assisting me and completing this file. Always understood and heard my issues, with patience. I don't know how many times I cried with her and she always gave me hope and strength to be patient and wait for the approval. Honestly I am very impressed how she adds human touch to her immigration cases and treats the families with so much love and always been very professional as well. Devika is the best, she has an awesome awesome team. I can go on and on and on about her. I always suggest my friends her name and tell them about her services.It feels so good when I give her number to people in need of a good immigration lawyer, because in my heart I know that Devika will be able to help them with their immigration very well.She is the best Thank you Devika for being a great lawyer,a great human being and an angel in my life. Himanshi (Mansi)

Khalil Ahmad

I have had a great experience with Borders Law firm through out my son's citizenship and my wife's PR application. Devika, John Yoon, and Brendan are well knowledgeable and always gave the best advice. John Yoon, I can't thank you enough he made sure all the paper work is in order and dealing with 3 different department at the same time at he tail end of my wife's PR application, always there to answer my questions even after hours. John was just wonderful though out I have had a great experience with Borders Law Firm and I would strongly recommend this firm.

Arjun Vegesna

Absolutely delighted with John from this firm with the way he counselled with suitable options available for me on migration to Canada, documentation submissions, query resolutions, visa processing and continued personal support and follow up until the last step. Would recommend this firm for anybody blindly looking for immigration help. They would guide you with complete transparency and professionalism.

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