Skip to main content

Conditional Permanent Residence (PR) Repealed

Effective April 28, 2017, IRCC has repealed the Conditional Permanent Residence that affected sponsored spouses. This will affect the following individuals:
  • Permanent residents who have been issued a Confirmation of Permanent Residence (COPR) with a condition to cohabit with their sponsor for a period of two years and for whom the two-year period has not expired.
  • Permanent residents who are the subject of a report issued pursuant to subsection 44(1) of the Immigration and Refugee Protection Act (IRPA) for failing to comply with the requirement to cohabit with their sponsor for a period of two years, who have not yet been referred for an Admissibility Hearing at the Immigration Division (ID) of the Immigration and Refugee Board (IRB) pursuant to subsection A44(2) as well as those who have been referred but have not yet been issued a removal order.
  • Permanent residents who have been issued a removal order for failure to comply with the requirement to cohabit with their sponsor for a period of two years and have filed an appeal to the Immigration Appeal Division (IAD) of the IRB and for whom a decision has not been made on the appeal.
Although this provision has been repealed, be aware that IRCC still retains the ability to investigate possible fraudulent marriages under the misrepresentation provision of the Immigration and Refugee Protection Act that have always existed. 
The full text of the Operational Bulletin on Conditional PR can be found here.

Comments

  1. Great weblog right here! Additionally your site lots up very fast! What web host are you the use of? Can I get your affiliate link in your host? I wish my web site loaded up as fast as yours lol yahoo sign in

    ReplyDelete

Post a Comment

Popular posts from this blog

What? There's a backlog?

If you work in immigration, it's no secret that most applications seem to take an inordinately long time to be reviewed. That's the case for almost all applications whether overseas or in-Canada. Well, it seems the government is trying to do 'something' about it.



The BRO-V
The first change is to in-Canada H&C (humanitarian & compassionate) applications for permanent residence. Until now, all H&C applications were filed to the Case Processing Centre in Vegreville ("CPC-V"). Unfortunately, CPC-V did not make a decision on any applications where it felt that an interview was needed (99% of cases, it seems). So, all of those files would get transferred to the local CIC office where the applicant lived. For us, the Calgary office became EXTREMELY backlogged. Last year, I got a letter on a file telling me (and my client) that it was going to take 7 years for the Calgary office to make a decision! Now, for many people, the longer it takes, the better it i…

Refugee (Asylum) Claims - Understanding the Process

There has been a lot of news coverage about the influx of refugees (asylum seekers) into Canada via the United States, particularly into Quebec. This post is meant to explore who is entitled to make such a claim in Canada and what claimants can expect.

Eligibility to make the claimCanada and the US have entered into what's called a "safe third country agreement". Essentially, both countries consider the other to be relatively equal in terms of refugee protection and the refugee process. As such, there is an expectation for claimants to make their refugee claim in the first of these two countries. 
The practical consequence of this agreement is that it prevents individuals crossing from the US into Canada at a land border from making a claim in Canada. 
There are exceptions to this agreement: If the claimant has family in CanadaIf the claim is made at an in-land officeIf the claim is made at an airportThere are other eligibility factors as well, but this is the main issue aff…

Credibility vs. Plausibility in Refugee Claims

I recently appeared before the Federal Court on a judicial review of a negative Refugee Appeal Division (RAD) decision. The claimant was a Cuban national accused of flouting Cuba's currency controls.  The Applicant was self-represented at his refugee hearing before the Refugee Protection Division (RPD). As such, the corroborative evidence was far from idea. However, the RPD did find him to be detailed and consistent in his evidence. The RPD rejected the claimant's documents alleging they could not be independently verified to be authentic. However, the RPD made no actual efforts to verify the documents. The RPD also made a host of negative plausibility findings, which it said disposed of the claim in light of the lack of verifiable corroborative documents. The claimant exercised his appeal rights to the RAD, which agreed that the RPD had no basis to find the claimant's documents to be fraudulent. However, the RAD simply dismissed the claimant's corroborative documents…