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smith432 · Joined: 24 May 2012 Posts: 347

All sponsorship of foreign national spouses are subject to the "two year rule." This rule means that a spouse sponsored into Canada will be granted a conditional landing in Canada with the help of canadanordic for two years. Provided the couple remains living together in a conjugal relationship as spouses for two years after the initial grant of permanent residency, the conditional landing becomes permanent. In assessing whether or not the newly arrived spouse is living in a conjugal relationship for the two years, immigration officers may conduct spot checks of the living arrangements of the couple. In these spots checks, called "random assessments" in the new Regulations, they will consider a number of factors, including their sexual behavior, sleeping arrangements, dinner habits, financial circumstances and attitude towards children.

These considerations and other very personal queries are aimed at determining whether or not a "conjugal relationship" exits and whether it exists under the same roof. The onus to demonstrate compliance with these intrusive issues is on the non citizen spouse. This means that the person under review may have to provide information on his or her sex life, and other issues, to satisfy an immigration officer that the sponsor and spouse are genuinely living together as a couple.

If an immigration officer decides she is not satisfied that the conditions are met, she would then render a determination that the non citizen is not a permanent resident, and presumably write them up under s. 44 as not being in compliance with the law and issue an exclusion order, compelling them to leave Canada without being able to return for a period of 1 year.

The new enactment allows no discretion for an officer to factor in basic human frailties or errors in judgment into an assessment of who does and does not deserve to retain permanent residency. For a non citizen spouse in Canada on condition who has a child within the two years, but who then is left by their sponsoring partner for compatibility issues, this means being forced to leave Canada and possibly taking their child with them. In addition to the loss of support from the sponsoring spouse, the separation of the child from one of his or her parents would also result. Depending on the distance of the spouse's home country from Canada, this conceivably has very serious consequences on the development of that child.

For more information contact at canadanordi.com and know how you can get the immigration.

Thanks

canadanordic.com

Canada Nordic Office:

1081 Bloor St. W.

   Suite 303

   Toronto, ON,

   M6H 1M5

   Tel:      +1-416-534-0040

   Fax:     +1-416-534-0046

   info@canadanordic.com