A Call to Repeal Conditional PR

The Migrant Mothers Project is circulating a letter to call for the Repeal of Conditional Permanent Residence for newly sponsored spouses and partners. Our letter, addressed to the new Minister of Immigration Refugee and Citizenship Canada, John McCallum, calls for a thorough examination of policies and practices that are creating longer periods of uncertainty for sponsored spouses and partners.

In 2012, the Conservative government introduced a new immigration status called “Conditional Permanent Residence” to crackdown on the so-called problem of “marriage fraud.” Prior, newly sponsored spouses or partners would receive permanent residence status as soon as their application was approved. People who are given Conditional PR must remain in a “conjugal” relationship with their spouse or partner and any suspicion that the relationship is not real can lead to the sponsored spouse losing their right to remain in Canada.

Advocates across Canada denounced the Conditional PR policy when it was first introduced in 2012. In October 2015, on the 3rd anniversary of the measure, the Canadian Council of Refugees reiterated their call to repeal the Conditional PR based on the detrimental impacts this measure has had on immigrants across Canada. Conditional PR is especially dangerous for women in domestic violence situations by reinforcing the ability of an abuser to exercise control over their spouse through immigration status. While an “Exception for Victims of Abuse and Neglect” is currently offered, research conducted by the Migrant Mothers Project indicates that this process has many flaws. Many women who are facing abuse encounter numerous barriers to accessing services. The threat of losing immigration status altogether forces these women to remain with their abusive partners out of fear of being deported from Canada.

To end the unnecessary hardship that is created by Conditional PR and address the vulnerability of sponsored spouses and partners in abusive relationships, we recommend the following:

  1. Repeal the Conditional PR measure and remove conditions that have been placed on all sponsored spouses and partners who have landed in Canada with conditions, since October 2012.
  2. Expand support for immigrant victims of abuse or neglect to access services and have a secure pathway to permanent residence.
  3. Reduce processing times for in-land and overseas sponsored spouses/partners, especially for regions where the sponsored spouse/partner requires a visa to enter Canada.
  4. Extend work authorization to in-land sponsored spouses/partners while they wait for their applications to be processed.

Our letter goes hand-in-hand with a policy brief that outlines the racialized and gendered impacts of this policy measure on newly sponsored spouses and partners. We encourage advocates and immigrant leaders across Canada to meet with your Member of Parliament to encourage them to repeal Conditional Permanent Residence and to develop stronger supports for immigrant and refugee women who experience violence.


 

Letter to the Minister of Canadian Citizenship and Immigration: http://goo.gl/forms/pHS8z3937Z

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Policy Brief for Conditional PR (Updated)  MMP Conditional PR Policy Brief Jan 14 2016