Question:
I was recently asked by a client as to whether he had to remain in Canada to ensure he was not in violation of his two year conditional permanent status since he had been recently sponsored by his Canadian resident wife. He was worried that he would be in breach of the two year conditional status if he travelled outside of Canada on his own.
Answer:
The special conditional visa was implemented by CIC to ensure that fraudulent marriages would be caught. So as long as one has a bona fide and substantial relationship with the spouse and there has been no intention to bring the administration of immigration regulations into disrepute, there is no difficulty in being inside or outside of Canada. Location does not jeopardize the conditional status.
What one may find confusing is that to retain permanent resident status, one must spend two years in Canada during the five year period following issuance of the permanent resident card.
Thus, if you were issued a permanent resident card in 2014, you would be renewing your card towards the end of 2018 for an additional five years. At that time, you are required to fill out a renewal form which asks for all of your entries and exits out of Canada and proof that you have been residing in Canada for at least two full years.
With regards to the CIC policy which addresses fraudulent marriages and the reason why conditional visas are being issued for spousal applications, see the following website link to the operational bulletin which expands in great detail as to the specifics of the conditional visa.
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp
by David Aujla
