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
ermanent 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.
