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| ===Permanent resident spouses=== | | ===Permanent resident spouses=== |
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| Under new rules that were introduced in October 2012, sponsored spouses are under a ''conditional'' permanent residency status for the first two years. According to the press <span class="noglossary">release</span> from [http://www.cic.gc.ca/english/index-can.asp Citizenship and Immigration Canada][http://news.gc.ca/web/article-en.do?nid=703499]:
| | In October 2012, the government of Canada introduced a new rule that sponsored spouses are under a conditional permanent residency status for the first two years (with some exceptions). This condition was removed on April 28, 2017. In April 2017, the government introduced a rule that sponsored spouses or partners of Canadian citizens and permanent residents no longer need to live with their sponsor in order to keep their permanent resident status (Source- http://www.cic.gc.ca/english/department/media/notices/2017-04-28.asp). |
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| <blockquote>"The spouse or partner must live in a legitimate relationship with their sponsor for two years from 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."</blockquote>
| | This means that if your sponsor is abusive, you no longer need to worry about the threat of deportation or potential loss of status. Your residency status is no longer contingent on the length of the relationship. That being said, government of Canada will still continue to investigate complaints about marriage fraud (that is, if someone marries a Canadian citizen or permanent residence for the sole purpose of gaining entry into Canada) |
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| In other words, the spouse who has been sponsored into Canada must stay with his or her spouse for at least two years or the spouse risks losing his or her permanent residency. This could be a serious problem if the potential loss of status forced people to stay in abusive relationships. However, the new rules appear to come with some exceptions. Here's more from the press <span class="noglossary">release</span>:
| | The change applies to those who were under investigation under the previous rule. That is, if you left your spouse within two years of receiving your permanent resident status and the government of Canada was investigating you under the previous conditional permanent residency rule, they will no longer continue that investigation. |
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| <blockquote>"The regulations include an exception for sponsored spouses or partners suffering abuse or neglect. The conditional measure would cease to apply in instances where there is evidence of abuse or neglect by the sponsor or if the sponsor fails to protect the sponsored spouse or partner from abuse or neglect. This abuse or neglect could be perpetrated by the sponsor or a person related to the sponsor, whether or not the abusive party is living in the household or not during the conditional period. The exception would also apply in the event of the death of the sponsor."</blockquote>
| | No matter what, your spouse may still remain responsible for supporting you and your children. If you are married, you will also remain entitled to claim a share in the family assets. |
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| If your sponsor is abusive and you seek an exemption from the conditional permanent residency, refer to paragraph 3 on Operational Bulletin 480 on the Citizenship and Immigration Canada Website [http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp#sec03]
| | Although your spouse still has an obligation to support you as a sponsor, you will not lose your permanent resident status if you have to apply for welfare, although you will be expected to try to get support from your spouse. If your relationship ended because of abuse, you may not have to try to get support from your spouse. Speak to your caseworker or lawyer right away. |
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| However, no matter what, your spouse may still remain responsible for supporting you and your children. If you are married, you will also remain entitled to claim a share in the family assets.
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| Although your spouse still has an obligation to support you as a sponsor, you will not lose your permanent resident status after the first two-year period if you have to apply for welfare, although you will be expected to try to get support from your spouse. If your relationship ended because of abuse, you may not have to try to get support from your spouse. Speak to your caseworker or lawyer right away. | |
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| In October 2016, CIC announced that in 2017, it would eliminate the requirement that spouses cohabit for two years before the sponsored spouse is able to obtain full Canadian permanent residence. You may read more about this in the Gazette. [http://www.gazette.gc.ca/rp-pr/p1/2016/2016-10-29/html/reg1-eng.php]
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| This means that when a spouse enters Canada as a permanent resident, that residency will not be contingent on the length of that relationship.
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| ===Non-resident spouses=== | | ===Non-resident spouses=== |
