fandv said:
Hi Rob_TO: how does the 2-year rule get enforced then?
Here is the info on the CIC site regarding this: http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp
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).
IMO, i think the main ways the CIC will find out are:
- if 2 people get a divorce in Canada, a normal check will be to see if one of them is a PR, and if so report the divorce to CIC
- if one of the couple suddenly files as single on a tax return, or changes their home address on taxes, the CRA can see if one is a PR and report to CIC
- if people separate for any reason (even staying married on paper but physically separating/living apart), the sponsor can themselves report their break-up to the CIC, if they don't want their partner to have PR anymore
- when it comes time to turn the conditional PR into full time PR, the sponsor will need to again sign a document saying they are still together
If people break up, i think the sponsor will in almost ALL cases naturally want to report the break-up to CIC. Else they would be on the hook financially for their ex.
I guess in some cases where people simply split up but don't get a Canadian divorce, or get a divorce in another country, and the sponsor doesn't report it... there is no way for the CIC to know and the PR will continue as normal.