THIS IS NOT LAW YET. It becomes law when it is published in the Gazette Part II.
http://www.cic.gc.ca/english/department/media/releases/2012/2012-03-09.asp
News Release – Conditional permanent residence proposed to deter marriages of convenience
Ottawa, March 9, 2012 — Today, Minister of Citizenship, Immigration and Multiculturalism Jason Kenney announced measures to further strengthen the Government of Canada’s ability to crack down on marriage fraud.
Under the new proposal, now open for further public input, a spouse or partner from abroad being sponsored by a Canadian or permanent resident would be required to live together with their sponsor in a legitimate relationship for two years following receipt of their permanent resident status in Canada. If these steps are not pursued, the sponsored spouse or partner’s status could be revoked, possibly leading to their removal and in some instances, criminal charges could also be laid. For all legitimate relationships, the condition would cease to apply once the conditional period has elapsed.
The proposed conditional measure would help deter people from engaging in a relationship, such as a marriage or a common law partnership, for the purpose of acquiring status or privilege under the Immigration and Refugee Protection Act. This measure would apply to all spouses in relationships of two years or less who have no children with their sponsor at the time of the sponsorship application.
“Our objective is to weed out people trying to use a phony marriage as a quick and easy route to Canada,” said Minister Kenney. “In town hall meetings I held in 2010 with victims of marriage fraud, I heard first-hand from victims who were still suffering the consequences years later. They implored me to do something to stop this from happening to others.”
This follows on the heels of a separate measure last week. Effective March 2, sponsored spouses or partners are ineligible to sponsor a new spouse or partner for five years from the day that they are granted permanent residence status in Canada.
“The problem of marriage fraud is serious and will only get worse if we don’t put measures in place that protect the integrity of our immigration system while deterring people from trying to use a marriage of convenience to cheat their way into Canada,” added Minister Kenney.
Other countries, such as Australia, the United States and the United Kingdom, use a form of conditional status as a deterrent against marriage fraud and the lack of a similar measure increases Canada’s vulnerability to this type of unlawful activity.
The proposed regulations, which were prepublished today on the Canada Gazette website, will appear in the March 10 edition of the Canada Gazette (Part I) and are open for further public input for a 30-day comment period, ending April 9, 2012.
A Notice of Intent proposing the development of this conditional measure was published in the Canada Gazette on March 26, 2011. A number of respondents expressed concern that a conditional measure could increase the vulnerability of sponsored spouses and partners who are in abusive relationships.
Given these concerns, the proposed condition would cease to apply in instances where there is evidence of abuse or neglect, or of a failure to protect from abuse or neglect by a person related to the sponsor, whether that person is residing in the household or not, during the conditional period. Working with stakeholders and other interested parties, Citizenship and Immigration Canada is also developing guidelines to assist spouses and partners who could be victims of abuse or neglect in such situations.
For additional information on the proposed conditional permanent residence measure or to provide comments, please visit the Canada Gazette.
NEW LANGUAGE TO BE ADDED TO THE REGULATIONS
REGULATIONS AMENDING THE
IMMIGRATION AND REFUGEE
PROTECTION REGULATIONS
AMENDMENT
1. The Immigration and Refugee Protection Regulations (see footnote 1) are amended by adding the following after section 72:
DIVISION 8
CONDITION APPLICABLE TO CERTAIN PERMANENT RESIDENTS
Condition
72.1 (1) Subject to subsections (4) and (5), a permanent resident described in subsection (2) is subject to the condition that they must cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident.
Permanent resident subject to the condition
(2) For the purpose of subsection (1), the permanent resident is a person who was a foreign national who
1. (a) became a permanent resident after making an application for permanent residence as a member of the family class, or an application as a member of the spouse or common-law partner in Canada class to remain in Canada as a permanent resident, as applicable;
2. (b) at the time the sponsor filed a sponsorship application with respect to the person under paragraph 130(1)(c) had been the spouse, common-law partner or conjugal partner of the sponsor, as applicable, for a period of two years or less; and
3. (c) had no child in respect of whom both they and the sponsor were the parents at the time the sponsor filed a sponsorship application with respect to the person under paragraph 130(1)(c).
Evidence of compliance
(3) A permanent resident referred to in subsection (1) must provide evidence of their compliance with the condition referred to in that subsection to an officer if
1. (a) the officer requests such evidence because they have reason to believe that the permanent resident is not complying or has not complied with the condition; or
2. (b) the officer requests such evidence as part of a random assessment of the overall level of compliance with that condition by the permanent residents who are or were subject to it.
Exception — sponsor’s death
(4) The condition referred to in subsection (1) ceases to apply in respect of a permanent resident referred to in that subsection if the sponsor dies during the two-year period referred to in that subsection, the permanent resident provides evidence to that effect to an officer and the officer determines, based on evidence provided by the permanent resident or on any other relevant evidence, that the permanent resident had continued to cohabit in a conjugal relationship with the sponsor until the sponsor’s death.
Exception — abuse or neglect
(5) The condition referred to in subsection (1) also ceases to apply in respect of a permanent resident referred to in that subsection if an officer determines, based on evidence provided by the permanent resident or on any other relevant evidence, that
1. (a) the permanent resident
1.
(i) is not able to meet the condition throughout the two-year period referred to in that subsection because the permanent resident or a child of the permanent resident or the sponsor, or a person who is related to the permanent resident or the sponsor and who is habitually residing in their household, is subjected by the sponsor to any abuse or neglect referred to in subsection (6) during that period, and
2. (ii) has continued to cohabit in a conjugal relationship with the sponsor during that period until the cohabitation ceased as a result of the abuse or neglect; or
2. (b) the permanent resident
1.
(i) is not able to meet the condition throughout the two-year period referred to in subsec-tion (1) because the sponsor has failed to protect the permanent resident or a child of the permanent resident or the sponsor, or a person who is related to the permanent resident or the sponsor and who is habitually residing in their household, from any abuse or neglect referred to in subsection (6) during that period by an-other person who is related to the sponsor, whether that person is residing in the household or not, and
2. (ii) has continued to cohabit in a conjugal relationship with the sponsor during that period until the cohabitation ceased as a result of the abuse or neglect.
Abuse and neglect
(6) For the purpose of subsection (5),
1. (a) abuse consists of any of the following:
1.
(i) physical abuse, including assault and forcible confinement,
2. (ii) sexual abuse, including sexual contact without consent,
3. (iii) psychological abuse, including threats and intimidation, or
4. (iv) financial abuse, including fraud and extortion; and
2. (b) neglect consists of the failure to provide the necessaries of life, such as food, clothing, medical care or shelter, and any other omission that results in a risk of serious harm.
Related person
(7) For the purposes of subsections (5) and (6), a person is related to the permanent resident or the sponsor if they are related to them by blood, adoption, marriage, common-law partnership or conjugal partnership.
Condition for accompanying family members
72.2 (1) Subject to subsection (2), a permanent resident who became a permanent resident as an accompanying family member of a permanent resident referred to in subsection 72.1(1) is subject to the condition that the permanent resident in respect of whom they were an accompanying family member meets the condition set out in subsection 72.1(1).
Exception for accompanying family members
(2) Subsection (1) does not apply in respect of a permanent resident who became a permanent resident as an accompanying family member of a permanent resident referred to in subsection 72.1(1) if the permanent resident in respect of whom they were an accompanying family member is one to whom an exception referred to in subsection 72.1(4) or (5) applies.
Condition for sponsored person and their accompanying family members
72.3 (1) Subject to subsection (2), a permanent resident who became a permanent resident after being sponsored, either during or after the period referred to in subsection 72.1(1), by a sponsor who is a permanent resident referred to in that subsection, is subject to the condition that the sponsoring permanent resident meets the condition set out in subsection 72.1(1).
Exception for sponsored person and their accompanying family members
(2) Subsection (1) does not apply in respect of a permanent resident who became a permanent resident after being sponsored by a permanent resident referred to in subsection 72.1(1), if the sponsoring permanent resident is one in respect of whom an exception referred to in subsection 72.1(4) or (5) applies.
Clarification
72.4 For greater certainty, for the purposes of subsection 27(2) of the Act, a permanent resident who fails to meet the condition set out in subsection 72.1(1) is considered not to comply with that condition, whether the failure to meet that condition is confirmed during or after the two-year period referred to in subsection 72.1(1).
http://www.cic.gc.ca/english/department/media/releases/2012/2012-03-09.asp
News Release – Conditional permanent residence proposed to deter marriages of convenience
Ottawa, March 9, 2012 — Today, Minister of Citizenship, Immigration and Multiculturalism Jason Kenney announced measures to further strengthen the Government of Canada’s ability to crack down on marriage fraud.
Under the new proposal, now open for further public input, a spouse or partner from abroad being sponsored by a Canadian or permanent resident would be required to live together with their sponsor in a legitimate relationship for two years following receipt of their permanent resident status in Canada. If these steps are not pursued, the sponsored spouse or partner’s status could be revoked, possibly leading to their removal and in some instances, criminal charges could also be laid. For all legitimate relationships, the condition would cease to apply once the conditional period has elapsed.
The proposed conditional measure would help deter people from engaging in a relationship, such as a marriage or a common law partnership, for the purpose of acquiring status or privilege under the Immigration and Refugee Protection Act. This measure would apply to all spouses in relationships of two years or less who have no children with their sponsor at the time of the sponsorship application.
“Our objective is to weed out people trying to use a phony marriage as a quick and easy route to Canada,” said Minister Kenney. “In town hall meetings I held in 2010 with victims of marriage fraud, I heard first-hand from victims who were still suffering the consequences years later. They implored me to do something to stop this from happening to others.”
This follows on the heels of a separate measure last week. Effective March 2, sponsored spouses or partners are ineligible to sponsor a new spouse or partner for five years from the day that they are granted permanent residence status in Canada.
“The problem of marriage fraud is serious and will only get worse if we don’t put measures in place that protect the integrity of our immigration system while deterring people from trying to use a marriage of convenience to cheat their way into Canada,” added Minister Kenney.
Other countries, such as Australia, the United States and the United Kingdom, use a form of conditional status as a deterrent against marriage fraud and the lack of a similar measure increases Canada’s vulnerability to this type of unlawful activity.
The proposed regulations, which were prepublished today on the Canada Gazette website, will appear in the March 10 edition of the Canada Gazette (Part I) and are open for further public input for a 30-day comment period, ending April 9, 2012.
A Notice of Intent proposing the development of this conditional measure was published in the Canada Gazette on March 26, 2011. A number of respondents expressed concern that a conditional measure could increase the vulnerability of sponsored spouses and partners who are in abusive relationships.
Given these concerns, the proposed condition would cease to apply in instances where there is evidence of abuse or neglect, or of a failure to protect from abuse or neglect by a person related to the sponsor, whether that person is residing in the household or not, during the conditional period. Working with stakeholders and other interested parties, Citizenship and Immigration Canada is also developing guidelines to assist spouses and partners who could be victims of abuse or neglect in such situations.
For additional information on the proposed conditional permanent residence measure or to provide comments, please visit the Canada Gazette.
NEW LANGUAGE TO BE ADDED TO THE REGULATIONS
REGULATIONS AMENDING THE
IMMIGRATION AND REFUGEE
PROTECTION REGULATIONS
AMENDMENT
1. The Immigration and Refugee Protection Regulations (see footnote 1) are amended by adding the following after section 72:
DIVISION 8
CONDITION APPLICABLE TO CERTAIN PERMANENT RESIDENTS
Condition
72.1 (1) Subject to subsections (4) and (5), a permanent resident described in subsection (2) is subject to the condition that they must cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident.
Permanent resident subject to the condition
(2) For the purpose of subsection (1), the permanent resident is a person who was a foreign national who
1. (a) became a permanent resident after making an application for permanent residence as a member of the family class, or an application as a member of the spouse or common-law partner in Canada class to remain in Canada as a permanent resident, as applicable;
2. (b) at the time the sponsor filed a sponsorship application with respect to the person under paragraph 130(1)(c) had been the spouse, common-law partner or conjugal partner of the sponsor, as applicable, for a period of two years or less; and
3. (c) had no child in respect of whom both they and the sponsor were the parents at the time the sponsor filed a sponsorship application with respect to the person under paragraph 130(1)(c).
Evidence of compliance
(3) A permanent resident referred to in subsection (1) must provide evidence of their compliance with the condition referred to in that subsection to an officer if
1. (a) the officer requests such evidence because they have reason to believe that the permanent resident is not complying or has not complied with the condition; or
2. (b) the officer requests such evidence as part of a random assessment of the overall level of compliance with that condition by the permanent residents who are or were subject to it.
Exception — sponsor’s death
(4) The condition referred to in subsection (1) ceases to apply in respect of a permanent resident referred to in that subsection if the sponsor dies during the two-year period referred to in that subsection, the permanent resident provides evidence to that effect to an officer and the officer determines, based on evidence provided by the permanent resident or on any other relevant evidence, that the permanent resident had continued to cohabit in a conjugal relationship with the sponsor until the sponsor’s death.
Exception — abuse or neglect
(5) The condition referred to in subsection (1) also ceases to apply in respect of a permanent resident referred to in that subsection if an officer determines, based on evidence provided by the permanent resident or on any other relevant evidence, that
1. (a) the permanent resident
1.
(i) is not able to meet the condition throughout the two-year period referred to in that subsection because the permanent resident or a child of the permanent resident or the sponsor, or a person who is related to the permanent resident or the sponsor and who is habitually residing in their household, is subjected by the sponsor to any abuse or neglect referred to in subsection (6) during that period, and
2. (ii) has continued to cohabit in a conjugal relationship with the sponsor during that period until the cohabitation ceased as a result of the abuse or neglect; or
2. (b) the permanent resident
1.
(i) is not able to meet the condition throughout the two-year period referred to in subsec-tion (1) because the sponsor has failed to protect the permanent resident or a child of the permanent resident or the sponsor, or a person who is related to the permanent resident or the sponsor and who is habitually residing in their household, from any abuse or neglect referred to in subsection (6) during that period by an-other person who is related to the sponsor, whether that person is residing in the household or not, and
2. (ii) has continued to cohabit in a conjugal relationship with the sponsor during that period until the cohabitation ceased as a result of the abuse or neglect.
Abuse and neglect
(6) For the purpose of subsection (5),
1. (a) abuse consists of any of the following:
1.
(i) physical abuse, including assault and forcible confinement,
2. (ii) sexual abuse, including sexual contact without consent,
3. (iii) psychological abuse, including threats and intimidation, or
4. (iv) financial abuse, including fraud and extortion; and
2. (b) neglect consists of the failure to provide the necessaries of life, such as food, clothing, medical care or shelter, and any other omission that results in a risk of serious harm.
Related person
(7) For the purposes of subsections (5) and (6), a person is related to the permanent resident or the sponsor if they are related to them by blood, adoption, marriage, common-law partnership or conjugal partnership.
Condition for accompanying family members
72.2 (1) Subject to subsection (2), a permanent resident who became a permanent resident as an accompanying family member of a permanent resident referred to in subsection 72.1(1) is subject to the condition that the permanent resident in respect of whom they were an accompanying family member meets the condition set out in subsection 72.1(1).
Exception for accompanying family members
(2) Subsection (1) does not apply in respect of a permanent resident who became a permanent resident as an accompanying family member of a permanent resident referred to in subsection 72.1(1) if the permanent resident in respect of whom they were an accompanying family member is one to whom an exception referred to in subsection 72.1(4) or (5) applies.
Condition for sponsored person and their accompanying family members
72.3 (1) Subject to subsection (2), a permanent resident who became a permanent resident after being sponsored, either during or after the period referred to in subsection 72.1(1), by a sponsor who is a permanent resident referred to in that subsection, is subject to the condition that the sponsoring permanent resident meets the condition set out in subsection 72.1(1).
Exception for sponsored person and their accompanying family members
(2) Subsection (1) does not apply in respect of a permanent resident who became a permanent resident after being sponsored by a permanent resident referred to in subsection 72.1(1), if the sponsoring permanent resident is one in respect of whom an exception referred to in subsection 72.1(4) or (5) applies.
Clarification
72.4 For greater certainty, for the purposes of subsection 27(2) of the Act, a permanent resident who fails to meet the condition set out in subsection 72.1(1) is considered not to comply with that condition, whether the failure to meet that condition is confirmed during or after the two-year period referred to in subsection 72.1(1).
So pick a Wednesday.