June 28, 2017

Exception to Conditional Permanent Residence Granted

A young woman was granted exception to the condition on her permanent residence status, which necessitated she reside with her sponsor for two years after landing in Canada as a permanent resident.

Amendments applicable to spouses, common-law and conjugal partners who have been in a relationship with their sponsor for two years or less, and have no children with them at the time of their application’s submission, came into effect on 25 October 2012. CIC imposed conditions on the sponsored partner to cohabit with their sponsor for two years from the day on which they became a permanent resident, or risk having their PR status revoked. The goal of the new law is to avoid immigration through fraudulent means, such as marriages of convenience. Fortunately, there is an exception to this rule in cases of spousal abuse or neglect where sponsored persons cannot satisfy the two-year requirement. One of our clients faced the same difficult situation, in which she was abused by her sponsor and falsely reported to CIC of a bad faith marriage, in the hopes that she would get deported. Our office provided CIC with documentation, demonstrating evidence of sponsor abuse, and requesting that exception to the condition be granted. The officer made a positive determination within two weeks and our client has now attained regular permanent resident status in Canada!