Operational Bulletin 480 - October 26, 2012

Conditional Permanent Residence Measure for Spouses and Partners in Relationships of Two Years or Less and who Have no Children in Common

Summary

This Operational Bulletin (OB) provides operational guidance to Citizenship and Immigration Canada (CIC) and the Canada Border Services Agency (CBSA) staff regarding regulatory amendments that introduced a two-year period of conditional permanent residence for spouses and partners who are in a relationship for two years or less with their sponsor and have no children in common at the time of the sponsorship application.

Table of Contents

• 1. Background
  • 1.1 Role of the Call Centre agents
  • 1.2 Role of the CBSA Border Watch Line officer
  • 1.3 Role of the CIC officer
  • 1.4 Role of the Citizenship officer
  • 1.5 Role of the Canada Border Services Agency (CBSA)
• 2. Instructions
  • 2.1 Overview
  • 2.2 Authority and legislation
  • 2.3 Assessing if the condition applies
  • 2.4 Assessing evidence of compliance of the two-year condition
  • 2.5 Processing Instructions for cases that have met the condition
  • 2.6 Processing Instructions for cases of non-compliance
• 3. Processing instructions for exceptions
  • 3.1 Eligibility criteria
  • 3.2 How to request an exception from the application of the condition
  • 3.3 Exception for the death of the sponsor
  • 3.4 Exception for abuse or neglect
    • 3.4.1 Assessing evidence of abuse or neglect
    • 3.4.2 Assessing evidence of cohabitation and of a conjugal relationship
• 4. Assessing cases involving victims of abuse or neglect
  • 4.1 Safety precautions when assessing cases involving victims of abuse or neglect
  • 4.2 Legal obligation to report to Child Welfare authorities
  • 4.3 Considerations for cases involving victims of abuse or neglect
• 5. Impact on accompanying family members or sponsored members of the family class
  • 5.1 Condition for accompanying family members
    • 5.1.1 Exception to the condition for accompanying family members
  • 5.2 Condition for members of the family class sponsored during or after the conditional period
    • 5.2.1 Exception to the condition for members of the family class sponsored during or after the conditional period
• 6. Consequences of non-compliance
  • 6.1 Conditions not met – Removal action
  • 6.2 Impact on sponsorship undertaking
• 7. Ongoing investigations into compliance and pending Citizenship applications
• 8. System changes (to be developed)
• Appendix A – Regulatory Provisions
• Appendix B – Definitions
• Appendix C – Evidence
• Appendix D – Types of Abuse
• Appendix E – Abuse or Neglect Considerations
• Appendix F – Safety Precautions
• Appendix H – Victim Services and Resources

1. Background

The Government of Canada is concerned about marriage fraud, which can victimize Canadian citizens and permanent residents and undermine the integrity of Canada’s citizenship and immigration programs, and has taken steps to address this problem.

Citizenship and Immigration Canada (CIC) has introduced amendments to the Immigration and Refugee Protection Regulations (the Regulations) which specify that spouses, common-law or conjugal partners who are in a relationship with their sponsor for two years or less and have no children in common with their sponsor at the time of the sponsorship application are subject to a period of conditional permanent residence. The condition requires the sponsored spouse or partner to cohabit in a conjugal relationship with their sponsor for a period of two years after the day on which they became a permanent resident. The conditional measure only applies to permanent residents whose applications are received on or after the day that the amendments came into force, which was on October 25, 2012.

The sponsored spouse or partner may have accompanying family members or may, after being granted permanent residence, in turn sponsor members of the family class; however, the sponsored spouse or partner is barred from sponsoring a new spouse or partner for a period of five years, see OB 386 – Five-year Sponsorship bar for persons who were sponsored to come to Canada as a spouse or partner. In such instances, the permanent resident status of those accompanying family members and sponsored members of the family class is contingent upon their sponsor meeting the condition. Apart from the requirement that the sponsored spouse or partner satisfy the condition, conditional permanent residence does not differ from permanent residence in any other way.

The condition ends after the two-year period has elapsed. There are two exceptions to the application of the condition. It ceases to apply when there is evidence that the sponsor has died during the two-year period of conditional permanent residence. Given concerns about the vulnerability of spouses and partners in abusive relationships, the condition also ceases to apply in instances where there is evidence of abuse or neglect from the sponsor, or of a failure by the sponsor to protect from abuse or neglect by another person related to the sponsor (whether the perpetrator is residing in the household or not) during the conditional period. For both exceptions, the sponsored spouse or partner must have lived together in a conjugal relationship with the sponsor up until the cohabitation ceased as a result of the death of the sponsor, or of abuse or neglect.

1.1 Role of the Call Centre agents

The role of the Call Centre agents is:

1. To respond to general enquiries on conditional permanent residence: to whom it applies; what the condition is; exceptions for death of the sponsor, abuse or neglect; consequences of non-compliance; etc.
2. To follow existing procedures when claims or tips are received, according to OB 366 – Processing tips and investigating possible marriages of convenience (MOC).
3. To provide information to permanent residents, who are subject to the condition, on how to request an exception from the condition and on the type of supporting evidence that can be submitted. Where there are allegations of abuse or neglect, agents should gather as much information as possible to assist the local CIC office in contacting the sponsored person to schedule an interview, in a safe, secure and confidential manner.

1.2 Role of the CBSA Border Watch Line officer

When tips are received on the Border Watch Line (BWL), BWL officers will receive, gather and analyze the information and refer the tip for further investigation as appropriate. BWL officers should attempt to obtain as much information as possible to assist the local CIC office in contacting the sponsored person to schedule an interview, in a safe, secure and confidential manner.

1.3 Role of the CIC officer

The role of the CIC officer is:

1. To determine whether the condition applies when assessing applications for permanent residence.
2. To follow existing procedures when claims or tips are received, according to OB 366 – Processing tips and investigating possible marriages of convenience (MOC).
3. To assess requests for exceptions to the application of the condition, and to do so in a timely fashion and in a way that ensures the safety of the individuals concerned and the confidential nature of the matter.

1.4 Role of the Citizenship officer

The role of Citizenship officers is to ensure that the applicant meets all the citizenship requirements in order to become a Canadian citizen, including the need to be a permanent resident. Existing procedures stipulate that if a Citizenship officer becomes aware that outstanding conditions exist, the local CIC (immigration section)/CBSA office is to be advised. When the Citizenship officer receives confirmation from the local CIC (immigration section)/CBSA office that no enforcement action will be initiated, the processing of the citizenship application may continue.

1.5 Role of the Canada Border Services Agency (CBSA)

The role of Canada Border Services Agency is to take enforcement action in cases of non-compliance.

1. Inland Enforcement officers — will review the referral and assess if the case warrants further investigation. Officers are to inform CIC of the results of all investigations, where the individual is subject to the condition, to maintain proper tracking in Global Case Management System (GCMS) and for CIC to render a determination of the overall compliance of the condition.
2. Border Services officers — if the officer is satisfied that the foreign national has met the legislative requirements; the officer will allow the sponsored person entry to Canada as a permanent resident, who is subject to the condition. The sponsored person will sign the Confirmation of Permanent Residence confirming they understand that they are subject to the condition. The officer will also verify if sponsored family members are subject to the condition upon being allowed entry to Canada as a permanent resident.
3. Criminal Investigators — if, during the course of the investigation, the Inland Enforcement Officer reviewing the file uncovers evidence of a suspected IRPA violation where a criminal investigation may be warranted, including organized fraud or misrepresentation, the officer should consult with the Criminal Investigations Division (CID) for a possible referral.
4. Hearings Officers — action cases that are brought before the Immigration Division (ID) or the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB).

2. Instructions

2.1 Overview

As in all spouse, common-law or conjugal partner applications for permanent residence, the CIC officer processing the case should assess whether the relationship is genuine or whether it was entered into primarily for the purpose of acquiring any status or privilege under the Act as per s.4(1) of the IRPR (see OB 238 which deals with amendments to Section 4 of IRPR); and whether the applicant is a member of the family class, as per OB 396 – Instructions to visa officers on making determinations on membership in the Family Class.

Under the amended regulations, certain spouses and partners are subject to the condition that they 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. A CIC officer can request evidence of compliance if they have reason to believe that the spouse or partner is not complying or has not complied with the condition. These cases will be investigated as any other possible marriage of convenience. See instructions in OB 366 – Processing tips and investigating possible marriages of convenience (MOC). Furthermore, evidence of compliance can be requested as part of a random assessment of the overall level of compliance with the condition by the permanent residents who are or were subject to it.

2.2 Authority and legislation

The following are descriptions and corresponding provisions in theRegulations pertaining to the new Conditional Permanent Residence measure. See Appendix A – Regulatory Provisions for the complete regulations.

• Condition to be met: s.72.1(1)
• Permanent resident subject to the condition: s.72.1(2)
• Exclusion provision: s.72.1(3)
• Evidence of compliance: s.72.1(4)
• Exception to the application of the condition – Sponsor’s death: s.72.1(5)
• Exception to the application of the condition – Abuse or neglect: s.72.1(6)
• Definition of Abuse and neglect: s.72.1(7)
• Definition of related person: s.72.1(8)
• Application of condition on accompanying family members: R72.2(1)
• Exception for accompanying family members: s.72.2(2)
• Condition for sponsored person and their accompanying family members: s.72.3(1)
• Exception for sponsored person and their accompanying family members: s.72.3(2)
• Request for evidence and investigation of compliance, whether during or after the conditional period: s.72.4

2.3 Assessing if the condition applies

The Regulations provide for a two-year period of conditional permanent residence. The condition applies to a spouse or partner described in s.72.1 (2) of the IRPR and whose application for permanent residence as a member of the family class or as a member of the spouse or common-law partner in-Canada class (including applicants who are eligible for processing under a Public Policy (cases coded as FCH) under [25.2]) was received on or after October 25, 2012, the day the regulatory amendments came into force. See OB 325 – New Sponsorship Form: IMM 1344, for more details on the receipt of an application.

Condition applies

If the CIC officer approves the permanent residence application and the person has been the spouse, common-law or conjugal partner of the sponsor for:

• Two years or less and they do not have children in common at the time of the sponsorship application, the permanent resident is subject to the condition after the day on which they became a permanent resident and the CIC officer issues the permanent resident document (for example, Visa or Confirmation of Permanent Residence), with the conditional period.

Condition does not apply

If the CIC officer approves the permanent resident application and the person has been the spouse, common-law or conjugal partner of the sponsor for:

• More than two years or they have children in common at the time of the sponsorship application, the permanent resident is not subject to the condition, after the day on which they became a permanent resident and the CIC officer issues the permanent resident document (for example, Visa or Confirmation of Permanent Residence), without the conditional period.

For examples see the chart below:

Evidence of marriage, common-law or conjugal partnership may include:

• Marriage certificate;
• Evidence of cohabitation in a conjugal relationship for the purposes of determining a common-law relationship or a conjugal partnership.

Evidence of children in common may include:

• Birth certificate or adoption records listing the names of both parents;
• A DNA certificate or report (DNA testing should be used as a last resort. See OP 1, Section 5.1).

Note: All cases with conditional permanent residence must be input into GCMS in order to allow for the automatic tracking and removal of the condition upon completion of the two-year conditional period.

2.4 Assessing evidence of compliance of the two-year condition

To maintain their permanent resident status, the sponsored spouse or partner is required to 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.

While the regulations require a “continuous” period of two years of cohabitation, from time to time, one or the other partner may leave the home for work or business travel, family obligations, and so on. CIC officers should follow existing guidelines when assessing a period of cohabitation where temporary or short separations have occurred. See OP 2, Section 5.35 for more information.

A conjugal relationship is interpreted as being a relationship where individuals are interdependent — financially, socially, emotionally, and physically — where they share household and related responsibilities, and where they have made a serious commitment to one another. See OP 2, Section 5.25 and IP 8, Section 5.20 for more information.

The word “conjugal” indicates:

• a significant degree of attachment, both physical and emotional;
• an exclusive relationship;
• a mutual and continuing commitment to a shared life together; and
• emotional and financial interdependency.

The sponsored spouse or partner must provide evidence of their compliance with the condition if an officer requests such evidence because they have reason to believe that the sponsored person is not complying or has not complied with the condition (for example, when a tip is received or a CIC of CBSA officer has information indicating non-compliance), or if requested as part of a random assessment of the overall level of compliance with the condition by the permanent residents who are or were subject to the condition.

A CIC officer may make a determination as to whether the sponsored person has failed to comply with the condition during or after the two-year condition period (s.72.4).

2.5 Processing Instructions for cases that have met the condition

The condition ends two years after the day on which the sponsored person becomes a permanent resident. GCMS will automatically remove the tracking of the condition once the conditional period ends, except for cases under investigation. The permanent resident status of these individuals does not differ from that of other permanent residents apart from the requirement that they cohabit in a conjugal relationship with their sponsor for a period of two years after the day on which they became a permanent resident.

In situations where an investigation is completed and there is insufficient evidence of non-compliance with the condition, the CIC officer shall document the results in GCMS, update the system and issue a letter, if applicable.

2.6 Processing Instructions for cases of non-compliance

CIC officers may request evidence of compliance because they have reason to believe that the sponsored spouse or partner is not complying or has not complied with the condition, or the office may request such evidence as part of a random assessment of the overall level of compliance with the condition by the permanent residents who are or were subject to it.

CIC officers may make a determination as to whether the sponsored person has failed to comply with the condition during or after the two-year condition period (s.72.4).

If a CIC officer investigates non-compliance of the condition and is not satisfied, based on the available evidence, that the requirement to cohabit in a conjugal relationship for a period of two years after the day on which they became a permanent resident has been met, the officer may prepare a section 44 report (non-compliance with s.41(a) of the Act and as per s.72.1(1)) and refer it to the Immigration Division of the IRB for an admissibility hearing and subsequent issuance of a removal order, if applicable. If the removal order is issued the sponsored person may appeal that decision to the Immigration Appeal Division as per section 63(3) of IRPA. Officers must send an email to the Citizenship unit to advise of any possible enforcement action which may lead to revocation of the individuals permanent resident status.

3. Processing Instructions for exceptions

3.1 Eligibility criteria

Spouses and partners who are or were subject to the condition and who are or were unable to meet it as a result of the death of the sponsor, or as a result of abuse or neglect during the two-year period of conditional permanent residence, may request an exception from the application of the condition.

3.2 How to request an exception from the application of the condition

Sponsored persons who are or were subject to the condition may request an exception from the application of the condition at any time during the two-year conditional period or may request an exception at the time of an investigation. They can do so by calling the CIC Call Centre at 1-888-242-2100.

Call Centre processing and referral of exception requests:

Call Centre agents will receive, gather and refer exception requests for further investigation, as appropriate.

1. In situations concerning the death of the sponsor, the Call Centre agent will advise the sponsored person, who is or was subject to the condition, to forward evidence of their sponsor’s death to the nearest local CIC office.
2. Where the sponsored person, who is or was subject to the condition, is requesting an exception of the condition due to abuse or neglect, the Call Centre agents will access the file, complete the privacy verification and obtain the following information (the list not exhaustive):
   • Names of persons involved;
   • UCI or file number;
   • Date of birth or approximate age;
   • Contact information for CIC to contact the sponsored person in a secure, safe and confidential manner in order to schedule an interview, if needed;
   • Narrative of the request; and
   • Any other relevant information provided by the caller.

3.3 Exception for death of the sponsor

The condition ceases to apply if the sponsor dies during the two-year conditional period and the CIC officer determines, based on evidence provided by the sponsored person who is or was subject to the condition, or any other relevant evidence, that the sponsored spouse or partner continued to cohabit in a conjugal relationship with the sponsor until the sponsor’s death.

Evidence of the death of the sponsor

A death certificate or attestation or confirmation from the funeral home may be accepted as evidence in the event of the death of the sponsor.

3.4 Exception for abuse or neglect

The condition ceases to apply if a CIC officer determines, based on evidence provided by a sponsored person who is or was subject to the condition, or any other relevant evidence, that the sponsored spouse or partner is or was unable to meet the condition because:

• The sponsored spouse or partner, a child of the sponsored spouse/partner and/or of the sponsor, or a person who is related to the sponsored spouse or the sponsor and who is habitually residing in their household, is subjected by the sponsor to any abuse or neglect referred to in s.72.1 (7) of the Regulations; or
• The sponsor has failed to provide protection from abuse or neglect by another person who is related to the sponsor, whether that person is residing in the household or not; and
• The sponsored spouse or partner has cohabited in a conjugal relationship with the sponsor until the cohabitation ceased as a result of the abuse or neglect.

3.4.1 Assessing evidence of abuse or neglect

Abuse may take many different forms: physical abuse, including assault and forcible confinement; sexual abuse, including sexual contact without consent; psychological abuse, including threats and intimidation; or financial abuse, including fraud and extortion; and neglect consisting of the failure to provide the necessaries of life, such as food, clothing, medical care, shelter, and any other omission that results in a risk of serious harm. Victims may experience more than one form of abuse, s.72.1 (7). See Appendix D – Types of Abuse and Appendix E – Abuse or Neglect Considerations.

a) Weighing evidence of abuse or neglect

• Evidence must clearly show the abuse or neglect was the reason for the breakdown of the marriage.
• The evidence may relate to one incident or a number of incidents and may be used to build a case history, in order to make as thorough a decision as possible, when making a judgement on whether abuse or neglect has occurred. All decisions based on such evidence must be thoroughly explained.
• Applicants should provide as much evidence as possible to satisfy a CIC officer they were the victim of abuse or neglect.

b) Potential victims or perpetrators for the purposes of the exception for abuse or neglect

Potential victims:

• The sponsored spouse or partner;
• A child of the sponsor and the sponsored spouse or partner;
• A child of the sponsored spouse or partner;
• A child of the sponsor;
• A person related to either the sponsor or the sponsored spouse or partner who was habitually residing in their household, which may include:
  • a parent or grandparent;
  • a child or grandchild;
  • a sibling;
  • a niece or nephew;
  • an aunt or uncle; and
  • a cousin.

A child of the sponsored spouse or partner or of the sponsor can be:

• either adopted or biological;
• either the child of the sponsor, the child of the sponsored spouse or partner, or both;
• of any age; and
• residing in the household or not.

For the purpose of the exception, the abuse or neglect would have to be perpetrated by:

• the sponsor
• a person related to the sponsor, whether that person is residing in the household or not, which may include:
• a parent or grandparent;
• a child or grandchild;
• a sibling;
• a niece or nephew;
• an aunt or uncle; and
• a cousin.

3.4.2 Assessing evidence of cohabitation and of a conjugal relationship

CIC officers must be satisfied that the sponsored spouse or partner continued to cohabit in a conjugal relationship with the sponsor until the cohabitation ceased as a result of abuse or neglect.

4. Assessing cases involving victims of abuse or neglect

See Appendix H – Victim Services and Resources for a list of services and resources for victims of abuse or neglect.

4.1 Safety precautions when assessing cases involving victims of abuse or neglect

Some sponsored spouses or partners will have ceased cohabiting with their sponsor while others may contact CIC to report abuse or neglect while still residing in the home with the sponsor. However, in order for an exception to apply, the sponsored spouse or partner must request an exception after they ceased to cohabit with their sponsor. In all cases, CIC officers must take special caution and sensitivity in dealings with permanent residents, who are or were subject to the condition, who report abuse or neglect in order to ensure the safety of the sponsored person and any children that may be involved. See Appendix F – Safety Precautions for examples of interview considerations. See Appendix H – Victim Services and Resources for a list of services and resources for victims of abuse or neglect.

4.2 Legal obligation to report to Child Welfare authorities

Any officer or agent who receives information regarding any form of abuse against a child or in the presence of a child must report it to their immediate supervisor or manager and to CIC-NHQ, as outlined in OP 1, Section 15 – Procedure: High-profile, contentious and sensitive cases.

The supervisor or manager shall consult with the local director and report the information to the local Child Welfare authorities or police, as necessary. In cases where the abuse is reported to the local Child Welfare authorities or the police without the consent of the individual concerned, prior approval from the Deputy Minister (DM) must be obtained. In order to obtain DM approval to release this information, a memo should be drafted, using existing templates. Section 8(2) m of the Privacy Act allows the disclosure of personal information without consent of the individual concerned in certain circumstances, including when the disclosure would clearly benefit the individual concerned.

4.3 Considerations for cases involving victims of abuse or neglect

There are many reasons why a victim may not report abuse to the authorities. There may also be circumstances where there is little evidence to substantiate abuse. The information provided in Appendix E – Abuse or Neglect Considerations is based on consultations with various federal departments as well as Non-Governmental Organizations with expertise in the area of abuse in immigrant communities. The appendices are intended to assist officers to better understand victims of abuse, the difficulties that some permanent residents who are or were subject to the condition may have in discussing or reporting the abuse and furthermore requesting an exception from the condition on that basis.

5. Impact on accompanying family members or sponsored members of the family class

5.1 Condition for accompanying family members

Accompanying family members who become permanent residents as part of the spouse or partner’s application for permanent residence can include the following persons:

• The dependent children of the sponsored spouse, partner or sponsor; and
• The dependent children of those dependent children.

If the sponsored spouse or partner does not meet the condition of cohabiting in a conjugal relationship with the sponsor during the two-year period, removal action may be initiated. If removal action is taken against a sponsored spouse or partner on the basis of non-compliance with the condition, the accompanying family members could also become subject to removal action (non-compliance of the condition under s.41 of IRPA, as per s.72.2 (1) of the Regulations).

5.1.1 Exception to the condition for accompanying family members

An exception may be granted if there is evidence that the sponsored spouse or partner’s inability to meet the condition was caused by the death of the sponsor, or abuse or neglect.

5.2 Condition for members of the family class sponsored during or after the conditional period

The sponsored spouse or partner may also, after being granted permanent residence, sponsor members of the family class, however, the sponsored spouse or partner is barred from sponsoring a new spouse or partner for a period of five years, see OB 386 – Five-year Sponsorship bar for persons who were sponsored to come to Canada as a spouse or partner. In such instances, the permanent resident status of these sponsored individuals would be contingent upon their sponsor meeting the condition (non-compliance of the condition under s.41 of IRPA, as per s.72.3 (1) of the Regulations).

If the sponsored spouse or partner does not meet the condition of cohabiting in a conjugal relationship with the sponsor during the two-year conditional period, removal action may be initiated. If removal action is taken against a sponsored spouse or partner on the basis of non-compliance with the condition, members of the family class sponsored during or after the conditional period and their accompanying family members could also become subject to a removal order.

Sponsored members of the family class may include:

• dependents (and the dependent children of a dependent child);
• adopted children;
• parents and grandparents;
• orphaned siblings, nieces and nephews and grandchildren under 18 years of age who are not married or in a common-law relationship; and
• other relatives in specific circumstances.

5.2.1 Exception to the condition for members of the family class sponsored during or after the conditional period

An exception may be granted if there is evidence that the sponsored spouse or partner who sponsored the family class member was unable to meet the condition as a result of the death of the sponsor, or as a result of abuse or neglect.

6. Consequences of non-compliance

6.1 Conditions not met – removal action

If the sponsored spouse or partner does not meet the condition of cohabiting in a conjugal relationship with the sponsor during the two-year conditional period and they are not eligible for an exception to the application of the condition, their permanent resident status could be revoked. An inadmissibility report may be written on the basis of non-compliance with the Act, as the condition imposed would not have been met. This report could be referred to the Immigration Division (ID) of the Immigration and Refugee Board (IRB), which would determine whether to issue a removal order.

In such a case, the sponsored spouse or partner could appeal the removal order before the Immigration Appeal Division (IAD) of the IRB. The IAD has the authority to allow an appeal on humanitarian and compassionate grounds, which may include Best Interest of the Child (BIOC) considerations.

If the appeal is dismissed, the removal order could be enforced, permanent residence could be revoked and removal actions could be undertaken. However, enforcement of the removal order could be stayed should the sponsored spouse or partner use available recourses (which could include a pre-removal risk assessment and judicial review of the IAD decision).

6.2 Impact on sponsorship undertaking

If the relationship breaks down, the sponsor remains financially responsible until the end of the three-year undertaking period, irrespective of the cause of the breakdown. This includes situations where the spouse or partner has requested an exception of the condition, due to abuse or neglect.

7. Ongoing investigations into compliance and pending citizenship applications

During the processing of the citizenship application, citizenship officers perform mandatory checks in the Global Case Management System (GCMS) and the Field Operations Support System (FOSS) prior to scheduling applicants for their citizenship event (test, interview, hearing and ceremony). Therefore, if there is no adverse information in GCMS or in FOSS, processing of the citizenship application will continue. However, if there is any information indicating that the permanent resident status is in doubt because of possible non-compliance with the condition, or an ongoing investigation has started, the citizenship application will be put on hold until confirmation is received from the local CIC (immigration section)/CBSA office that there will be no enforcement action against the applicant.

8. System changes (to be developed)

Content will be available shortly.

Appendices

• Appendix A – Regulatory Provisions
• Appendix B – Definitions
• Appendix C – Evidence
• Appendix D – Types of Abuse
• Appendix E – Abuse or Neglect Considerations
• Appendix F – Safety Precautions
• Appendix H – Victim Services and Resources

Related OBs

• OB 238 – Amendment to Section 4 of the Regulations
• OB 366 – Processing tips and investigating possible marriages of convenience (MOC)
• OB 386 – Five-year Sponsorship Bar for persons who were sponsored to come to Canada as a spouse or partner
• OB 396 – Instructions to visa officers on making determinations on membership in the Family Class

Further information:

The following operational manuals will be updated:

• IP 2 – Processing applications to sponsor members of the family class
• IP 8 – Spouse and Common-law partner in Canada Class
• OP 1, Section 15 – Procedure: High-profile, contentious and sensitive cases
• OP 2 – Processing Members of the Family Class
• OP 24 – Overseas Processing of Family Members of In-Canada Applicants for Permanent Residence
• ENF 2 – Evaluating Inadmissibility
• ENF 3 – Admissibility, Hearings and Detention Review Proceedings
• ENF 4 – Port of entry examinations
• ENF 5 – Writing 44(1) Reports
• ENF 6 – Review of reports under A44(1)
• ENF 7 – Investigations and arrests

Appendices

Appendix A – Regulatory Provisions

Content will be available shortly.

Appendix B – Definitions

Cohabitation

• Means to “live together.” Two people who are cohabiting have combined their affairs and set up their household together in one dwelling.
• While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations and so on. Any periods of separation must be temporary and short.

Conjugal Relationship

• Is interpreted as being a relationship where individuals are interdependent – financially, socially, emotionally, and physically – where they share household and related responsibilities, and where they have made a serious commitment to one another.

Child of the permanent resident or the sponsor

A child can be:

• either adopted or biological;
• either the child of the sponsor or sponsored spouse or both;
• of any age; and
• residing in the household or not.

Person who is related to the permanent resident or the sponsor

A person who is related to the sponsor or sponsored spouse or partner may include any of the following persons, related either by birth, [Note 2] adoption, marriage, common-law partnership or conjugal partnership:

• parent or grandparent;
• child or grandchild;
• sibling;
• niece or nephew;
• aunt or uncle; and
• cousin.

[2] “Related persons” under the regulations capture persons born through assisted human reproduction technologies, for example. This will allow the exception to be granted in cases where, the perpetrator or victim of abuse or neglect was born through assisted procreation.

“habitually residing”

• Refers to a person’s domicile of choice, that is, the place where the person’s life is centered and where he or she intends to live indefinitely. The word "habitually" implies a more enduring and permanent connection between a person and a place than simply residing somewhere for a brief period of time.
• The habitual residence of a person is typically exclusive in the sense that a person can only have one habitual residence at a time.

Note: Although duration of residence is only one factor to be considered in deciding if a person is habitually residing in a household, it is unlikely that habitual residence can be acquired based upon a very brief period of residence, regardless of the person’s intention since habitual residence implies a significant period of presence together with an intention to live in a place.

Appendix C – Evidence

Evidence of cohabitation

Evidence of cohabitation that could be used to confirm whether a sponsored spouse or partner is cohabiting with their sponsor may include:

• Joint bank accounts or credit cards;
• Joint ownership of residential property;
• Joint residential leases;
• Joint rental receipts;
• Joint utilities accounts (electricity, gas, telephone);
• Joint management of household expenditures;
• Evidence of joint purchases, especially for household items;
• Correspondence addressed to either or both parties at the same address;
• Important documents of both parties show the same address, for example, identification documents, driver’s licenses, insurance policies, etc.;
• Shared responsibility for household management, household chores, etc.;
• Evidence of children of one or both partners residing with the couple;
• Telephone calls.

These elements may be present in varying degrees and not all are necessary to prove cohabitation. This list is not exhaustive; other evidence may be taken into consideration.

While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short.

See Section 5.35 of OP 2 for more information.

Evidence of a conjugal relationship

Factors that can be considered in determining whether the sponsored spouse is in a conjugal relationship include:

• shared shelter (for example, sleeping arrangements);
• sexual and personal behaviour (for example, fidelity, commitment, feelings towards each other) – in instances where an interview is warranted;
• services (for example, conduct and habit with respect to the sharing of household chores);
• social activities (for example, their attitude and conduct as a couple in the community and with their families);
• economic support (for example, financial arrangements, ownership of property);
• children (for example, attitude and conduct concerning children);
• the societal perception of the two as a couple.

This list is a set of elements which, when taken together or in various combinations, may constitute evidence of interdependency. It should be kept in mind that these elements may be present in varying degrees and not all are necessary for a relationship to be considered conjugal.

See section 5.26 of OP 2 for a list of elements and examples of supporting documents which could be taken into consideration.

Evidence of abuse or neglect or that the sponsor failed to protect from abuse or neglect

• Court documents or protective orders including: release, no-contact or bail orders, orders pending trial or appeal, recognizance orders or peace bonds, probation orders following convictions, conviction certificate, victim impact statements (must clearly state that abuse occurred or is believed to have occurred),
• Letter or statement from women’s shelter or domestic abuse support organization,
• Letter or statement from family services clinic,
• Letter, statement or report from a medical doctor or a healthcare professional,
• Sworn statement (affidavit),
• Police or incident report (related documents – reports indicating passports and travel documents were withheld and the police had to retrieve them),
• Photos which show the victim with injuries,
• Voicemail or hard copies of email messages,
• Affidavit from a friend, a family member, a neighbour, a co-worker, staff members of support agencies, law enforcement, etc.

This list is not exhaustive and is simply intended to provide examples.

Evidence of death

• A death certificate or attestation/confirmation from the funeral home would be accepted as evidence in the event that the sponsor dies.

Appendix D – Types of Abuse

Physical abuse is abuse involving physical contact intended to cause feelings of intimidation, pain, injury, or other physical suffering or bodily harm. Physical abuse includes:

• being hit, beaten, slapped, punched, choked, burned, pushed or shoved in a way that results or could result in injury;
• forcefully isolating the victim from friends and family;
• confining the victim (habitual residence or other);
• forcing the victim to engage in drug or alcohol use or illegal behaviour against their will and possibly creating dependencies.

This list is not exhaustive; other types of physical abuse may also be taken into consideration for the purposes of determining the application of the exception set out in s.72.1 (6) IRPR.

Sexual abuse encompasses any situation in which force or threat is used to obtain participation in unwanted sexual activity or coercing a person to engage in sex, against their will, including:

• marital or spousal rape;
• forcing or manipulating another into having sex or performing sexual acts;
• forcing unsafe or degrading sexual acts;
• using physical force to compel a person to engage in a sexual act against another person’s will;
• using physical force, weapons or objects in non-consensual sexual acts;
• involving other people in non-consensual sexual acts;
• exposing, suggesting, attempting or completing a sexual act involving a minor; and
• exposing, suggesting, attempting or completing a sexual act involving a person who is unable to understand the nature or condition of the act, unable to decline participation, or unable to communicate unwillingness to engage in the sexual act, (for example, because of illness, disability, or the influence of alcohol or other drugs, or because of intimidation or pressure).

This list is not exhaustive; other types of sexual abuse may also be taken into consideration for the purposes of determining the application of the exception set out in s.72.1 (6) IRPR.

Psychological abuse includes:

• where there is a pattern of coercive or controlling behaviour, which can include, but is not limited to insults, intimidation, humiliation, harassment or threats, name-calling, yelling, blaming, shaming, ridiculing, disrespecting, and criticising;
• controlling what the victim can and cannot do;
• threatening to commit suicide;
• being threatened with murder;
• being intimidated, threatened or harmed with a knife, gun or other object or weapon;
• using religious or spiritual beliefs to manipulate, dominate, and control; and
• -threatening to take away or hurt the victim’s children.

This list is not exhaustive; other types of psychological abuse may also be taken into consideration for the purposes of determining the application of the exception set out in s.72.1 (6) IRPR.

Financial abuse is a form of abuse where one partner has control over the other partner’s access to economic resources. The motive behind preventing a spouse from acquiring resources is to diminish the victim’s capacity to support themselves, thus forcing them to depend on the perpetrator financially. Financial abuse can include:

• stealing or taking the victim’s money, salary or checks;
• controlling finances or refusing to share money;
• rigidly controlling finances and limiting the amount of resources the victim can access;
• withholding money or credit cards;
• exploiting the victim’s economic resources;
• closely monitoring how the victim spends money;
• destroying the victim’s property;
• spending the victim’s money without their consent;
• creating debt, or completely spending the victim’s savings to limit available resources;
• preventing the victim from working, attending school or choosing their own career; and
• sabotaging the victim’s job (making the victim miss work, calling the victim constantly).

This list is not exhaustive; other types of financial abuse may also be taken into consideration for the purposes of determining the application of the exception set out in s.72.1 (6) IRPR.

Neglect:

Neglect consists of the failure to provide the necessaries of life, such as food, clothing, medical care or shelter, and any other omission that result in a risk of serious harm.

Appendix E – Abuse or Neglect Considerations

Note: There are many reasons why a victim may not report abuse to the authorities. As well, there may be circumstances where there is little evidence to substantiate abuse. The information provided below is based on consultations with various federal departments as well as non-governmental organizations with expertise in the area of domestic abuse in immigrant communities. It is intended to assist officers to better understand victims of abuse, the difficulties some permanent residents, who are subject to the condition, may have in discussing or reporting the abuse and furthermore, requesting an exception from the condition on that basis.

Barriers to a victim escaping an abusive relationship

• Belief that staying is best for the children, or fear of losing custody of children
• Lack of employment skills
• Financial dependency on abuser
• Inability to afford legal assistance with divorce, custody or protection order proceedings
• Fear of court system intervention
• Isolation of victim from social or family connections
• Victim is attempting to change in hopes abuse will stop
• Abuser expresses remorse and promises to change
• Abuser has degraded victim to the point that the victim believes statements and lacks self confidence necessary to leave
• Lack of trust in the criminal justice system
• Maintenance of family honour
• Fear of abandonment by the victim’s family or potential for violence from the family if the victim leaves

Barriers specific to recent immigrants

• May feel alone, have trouble talking with or relating to Canadians, or be overcome with fear
• Religious and cultural constraints
• May not have knowledge of Canadian laws, rights or support services available
• Language barriers make it difficult for immigrants to navigate the legal system and to access services
• May have been threatened with deportation by their sponsor or threats of withdrawal of sponsorship of family members
• May be scared of police involvement due to past experiences with police in their home countries, especially where police are symbols of human rights violations
• Maintenance of family and community honour

Reasons why victims may not disclose abuse

A person who is abused may endure the violence for a long time before seeking support – or they may never tell anyone. The reasons why victims may keep abuse secret relate to their circumstances, feelings, beliefs and level of knowledge about domestic abuse.

Circumstances:

• Age or developmental stage: Very young children may be unable to articulate or communicate what has happened to them.
• Physical frailty or disability: People with physical or cognitive disabilities may have limited access to others or to communications devices, or they may be unable to articulate what has happened to them.
• Literacy, language or cultural barriers: People who do not speak English or French could be unable to access services and supports in their own language, or they may fear deportation or other complications relating to their sponsorship or immigration status. For more information, see Appendix H.
• Geographic or social isolation: People who live in rural or remote communities, or who are not connected to others in their communities may lack access to information, resources, supports and services.
• Dependency: Victims may be emotionally, physically, or economically dependent on the perpetrator.
• Social pressure: Victims may feel social pressure to maintain a relationship and protect the family’s or the community’s reputation.

Feelings and beliefs:

Victims often feel conflicting emotions and suffer confusion or shame. They may believe that the abuse is their fault and that they will be punished for telling. Depending on their situation, victims may fear any of the following outcomes if they tell someone about the abuse:

• They will not be believed.
• They or their family will be rejected or stigmatized.
• Their sexual identity will be questioned.
• They or the abuser will be removed from the home.
• They will no longer be allowed to have contact with their parent(s) or children.
• They will be abandoned or institutionalized.
• They will lose custody of, or access to, their children.
• The abuser could have manipulated, bribed, coerced or threatened the victim to prevent them from telling anyone about the abuse. The victim therefore might be afraid of the abuser’s revenge.
• The victim might still love the perpetrator and want the relationship to continue, hoping that the abuse will stop. The person who has been abusive may have expressed feelings of remorse. Victims sometimes do not want to admit that they have been abused. They may want to protect family members, including the abuser, by keeping the abuse and family problems secret. They might not want the abuser, who may be their spouse, parent or child, to be removed from the home, go to jail, or have a criminal record.
• Victims may have personal views about family, relationships and child-rearing that emphasizes privacy and condones the use of physical punishment. They may be influenced by gender role beliefs that support inequality and violence in relationships.
• They may not believe that involving child welfare authorities or the criminal justice system will stop the abuse — or that these systems will be able to help or protect them.
• They may also fear that child welfare involvement may break up their family.

Knowledge:

• Victims may not know how to report abuse, or they may be afraid of what will happen when a report is made.

Reasons why persons who witness or suspect abuse may not report it

Other people – including professionals, neighbours, friends and other relatives or family members – may witness or suspect abuse, but not report it. Their reasons for not reporting relate to their circumstances, feelings, beliefs and level of knowledge.

Circumstances

• Dependence on the perpetrator: Depending on their circumstances, other relatives and family members may be physically, emotionally or economically dependent on the abuser and may be fearful of what will happen if they report the abuse.

Concern about the demands of becoming involved

• Some people may fear that it will take too much time or energy to report abuse. They could feel that they will be unable to cope if they become involved in any way.
• Shame and stigma: Other relatives and family members may feel ashamed of having abuse in their family and fearful of what will happen if they report the abuse.

Feelings and beliefs

• Disbelief: They may not believe that the victim has been abused.
• Do not believe reporting will be helpful: They may not believe that reporting abuse is in the victim’s best interest or that reporting the abuse will solve the problem. They may believe that no appropriate services are available to help the victim, or they may want to avoid having the victim or abuser removed from the home.
• Personal views: They may hold personal views that hinder their willingness to report abuse. For example, they may want to protect family privacy, or they may believe that the physical punishment is not abusive.

Knowledge

• Lack of knowledge: They may not know about the signs of abuse, or they could believe that the abuse is not serious if there are no visible or serious injuries.
• Lack of understanding: They may not understand or know about their responsibility to report abuse. They may not know that they can report the abuse, or that they can report it without being identified and without legal consequences, unless the report is false and made maliciously. Most provincial and territorial child welfare laws require anyone, including professionals and members of the public, who suspects that a child is being maltreated to make a report to the appropriate child welfare authority.

For these and other reasons, many cases of family violence are still not reported to either police or child welfare authorities.

Appendix F – Safety Precautions

Note: this document is based on consultations with various federal departments as well as non-governmental organizations with expertise in the area of domestic abuse in immigrant communities.

Safety Precautions

• Find out the safest way to contact the sponsored person, who is subject to the condition, along with any alternative methods (such as a trusted friend of family member’s phone number). As well, find out if the sponsored person has a way to discreetly contact the department in the future.
• Do not disclose the sponsored person’s address(s), telephone number(s), or information about any children involved without the sponsored person’s permission, except in cases where the officer is reporting to Provincial Child Welfare Authorities.
• Confirm the computer systems reflect the sponsored person’s contact address to ensure that notices (for example, for an interview) are not inadvertently sent to the wrong person (namely, the perpetrator).
• Find out whether or not the sponsored person is still residing in the home with the perpetrator or if they are living in a secure environment for future contact.
• Ensure you include notes in the Global Case Management System (GCMS) as to whether or not the sponsored person speaks English or French fluently; or whether or not an interpreter is necessary and if so, which language. Document all attempts at contact in GCMS.
• Always arrange to have the caller ID information blocked so that the Government of Canada contact information does not appear on the call display; this will help to prevent the perpetrator from using caller ID to discover that the sponsored person is obtaining assistance. Note: From a Government of Canada telephone, you may dial *882 followed by the number, to block the caller ID.
• Only speak directly with the sponsored person about the case; confirm the identity of the person you are speaking with, ask security questions (privacy verification).
• Do not leave a message on voicemail or with family members unless the sponsored person has told you it is safe to do so. When leaving a message, do not give your last name or disclose that you are calling from the Government of Canada or Citizenship and Immigration Canada.
• When you call the sponsored person, always ask first if it is safe to talk as the perpetrator may be present. You may want to establish code words to signal if the individual is in danger.
• If necessary, remind the sponsored person to have an explanation for the time spent at your appointments and to limit the children’s knowledge, so that the perpetrator does not find out about legal actions or an upcoming separation ahead of time.
• You may also recommend that the sponsored person use a computer outside of the home (such as at a public library or at a trusted family member or friend’s house), in case the sponsored person’s computer use is being monitored (for example, tracking websites or reading emails).
• Do not disclose information relating to allegations of domestic abuse that may put the sponsored person at greater risk.
• If you believe the sponsored person is in imminent danger, call the police.
• During the investigation, officers should be cognizant that their actions and contacts with other members of the family and community may inadvertently further endanger the sponsored person. Thus, caution should be used when discussing details of the case.
• The sponsored person may need personal safety advice, including a referral to local counselling services, shelters, as well as the police.

Appendix H – Victim Services and Resources

Note: this document is based on consultations with various federal departments as well as publications created by the Department of Justice. It also includes information gathered in consultation with non-governmental organizations with expertise in the area of domestic abuse in immigrant communities. It is intended to provide Citizenship and Immigration Canada (CIC) and Canada Border Services Agency (CBSA) staff with tools to refer victims of abuse or neglect to available victim services in their community.

The Department of Justice has many web-based products and publications that may be of use for CIC and CBSA employees to refer victims of abuse or neglect to victim services in their local community, such as the following:

Victim Services Directory – Search victim services in the local community by inputting the postal code on the top right-hand side of the page.

• English version: www.justice.gc.ca/eng/pi/pcvi-cpcv/vsd-rsv/index.html
• French version: www.justice.gc.ca/fra/pi/cpcv-pcvi/rsv-vsd/index.html

The Department of Justice has a useful publication called: Abuse is wrong in any language, which provides information about abuse and resources that the victim may be unaware of. It has been published in the following languages:

• English: HTML, PDF (1.43 MB), PDF Help
• French: HTML, PDF (1.44 MB), PDF Help
• Albanian: HTML, PDF (513 KB), PDF Help
• Amharic: HTML, PDF (1058 KB), PDF Help
• Arabic: HTML, PDF (1058 KB), PDF Help
• Chinese (simplified): HTML, PDF (816 KB), PDF Help
• Chinese (traditional): HTML, PDF (816 KB), PDF Help
• Czech: HTML, PDF (1058 KB), PDF Help
• Hungarian: HTML, PDF (1050 KB), PDF Help
• Punjabi: HTML, PDF (577 KB), PDF Help
• Romanian: HTML,PDF (1089 KB), PDF Help
• Serbian: HTML, PDF (1032 KB), PDF Help
• Somali: HTML, PDF (1058 KB), PDF Help
• Spanish: HTML, PDF (513 KB), PDF Help
• Swahili: HTML, PDF (1058 KB), PDF Help
• Tagalog: HTML, PDF (1058 KB), PDF Help
• This booklet is also published in Braille.

Community Resource List

It is a good idea to create — in advance — a personal community resource list. In addition to the police, there are various organizations and agencies that can offer support or helpful information. Look in the white, yellow or blue pages of your telephone book for contact numbers for the following local or provincial agencies. (Be sure to keep these numbers up to date, since they may change from time to time.)

Police

Can help you assess your safety and take action against someone committing a crime. Dial 911 in an emergency.

Local police

Can help you in non-emergency situations. Check the first few pages of your telephone book for the telephone number.

Public legal education associations

Can provide general information about the law, the legal system, and your rights as a person experiencing abuse.
 

Victim services

Can refer you to counselling and tell you about programs and services for victims of crime.

Crisis lines

May be able to help with crisis intervention and refer you to helpful services.

Shelters / Transition houses

Can provide shelter, information and referrals for women or men who experience spousal abuse.
 
 

Mental health offices

Can offer information or counselling on depression, stress, and mental health issues.
 

Multicultural and immigrant-serving organizations

May be able to provide information and refer you to helpful services.

 
  
 

Citizenship and Immigration Canada

Can answer questions on immigration status and process, and provide information on the Immigration and Refugee Protection Act.
Telephone: 1-888-242-2100.
 

People I trust

May be able to offer emotional and practical support — family, friends, doctor, religious advisor, and so on.

Other

Look for other sources of help! For example, you may find help from a local women’s centre, a community care centre, or a social agency.

Child Abuse

If you know a child who needs help or you suspect abuse, please call the local Helpline for Children at the numbers below. If you think the matter is urgent and you cannot reach the appropriate child protection authorities, call your local police.

British Colombia

Alberta

Saskatchewan

Manitoba

Ontario

Quebec

New Brunswick

Nova Scotia

Prince Edward Island

Newfoundland and Labrador

Yukon

Northwest Territories

Nunavut