On October 29, 2016, the government of Canada released a draft of a change to the Immigration and Refugee Protection Regulations (IRPR), which would repeal the conditional permanent residence regulatory provisions for certain sponsored spouses and common law partners. If approved, the change is expected to come into force in spring 2017.
Currently, if a sponsored spouse/partner has been in a relationship with his or her sponsor for two years or less and they have no children together, the sponsored spouse/partner must live together in a conjugal relationship with his or her sponsor for two continuous years after obtaining Canadian permanent resident status.
The proposed changes to the IRPR would repeal this condition.
The conditional permanent residence regulatory provisions have been criticised for creating an imbalance between the sponsoring and sponsored spouse/partner, which disproportionately affects vulnerable spouses/partners in abusive or neglectful relationships. The statement explains that the repeal of the conditional permanent residence regulatory provisions “support[s] the government’s commitment to family reunification and its emphasis on gender equality and combating gender-based violence.”
The conditional permanent residence regulatory provisions have been criticised for creating an imbalance between the sponsoring and sponsored spouse/partner, which disproportionately affects vulnerable spouses/partners in abusive or neglectful relationships. The statement explains that the repeal of the conditional permanent residence regulatory provisions “support[s] the government’s commitment to family reunification and its emphasis on gender equality and combating gender-based violence.” The proposed change will remain as a draft for a period of 30 days, during which time IRCC will receive comments from the public on the proposed change. Individuals who wish to comment on the change may contact David Cashaback, Director of the Social Immigration Policy and Programs department of IRCC, at This email address is being protected from spambots. You need JavaScript enabled to view it.
