Immigration and Refugee Protection Regulations

Marginal note:Condition

• 72.1 (1) Subject to subsections (5) and (6), 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.

• Marginal note:Permanent resident subject to condition

  (2) For the purpose of subsection (1) and subject to subsection (3), the permanent resident is a person who was a foreign national who

  • (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;

  • (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

  • (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).

• Marginal note:Exclusion

  (3) An application referred to in paragraph (2)(a) does not include one that was received before the day on which this section comes into force.

• Marginal note:Evidence of compliance

  (4) A permanent resident referred to in subsection (1) must provide evidence of their compliance with the condition set out in that subsection to an officer if

  • (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

  • (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.

• Marginal note:Exception — sponsor’s death

  (5) The condition set out 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.

• Marginal note:Exception — abuse or neglect

  (6) The condition set out 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

  • (a) the permanent resident

    • (i) is not able to meet that 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 (7) during that period, and

    • (ii) 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

  • (b) the permanent resident

    • (i) is not able to meet that condition throughout the two-year period referred to in subsection (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 (7) during that period by another person who is related to the sponsor, whether that person is residing in the household or not, and

    • (ii) 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.

• Marginal note:Abuse and neglect

  (7) For the purpose of subsection (6),

  • (a) abuse consists of any of the following:

    • (i) physical abuse, including assault and forcible confinement,

    • (ii) sexual abuse, including sexual contact without consent,

    • (iii) psychological abuse, including threats and intimidation, and

    • (iv) financial abuse, including fraud and extortion; and

  • (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.

• Marginal note:Related person

  (8) For the purposes of subsections (6) and (7), a person is related to the permanent resident or the sponsor if they are related to them by birth, adoption, marriage, common-law partnership or conjugal partnership.