Canada Conditional Permanent Resident 2024 – Everything You Should Know

It has been years since the abolition of Conditional Permanent Residence in Canada, and you may be interested in the most recent update.

This article contains all you need to know about Conditional Permanent Residency in Canada.

For a long time, Canada has been a popular destination for economic immigrants, with many seeking greener pastures.

Once a foreigner is given permanent residence in Canada, they are free to live and work anywhere in the country.

They also have complete access to health treatment, social support, and legal protection under Canadian law. This has been a motivator for obtaining the “golden PR Card”.

For some foreigners, it was a “game of deceit” because they could go as far as fake marriages with Canadians to obtain Permanent Residence in Canada.

Without a doubt, Immigration, Refugees, and Citizenship Canada had to look for a solution to stop this deceptive act, which led to the implementation of Conditional Permanent Residence in 2012.

All You Should Know About Conditional Permanent Residence (PR) in Canada

Conditional Permanent Residence in Canada was implemented in October 2012 to discourage people from attempting to immigrate to Canada through fabricated ties.

It is said that one must maintain a conjugal relationship with their sponsor or partner for at least two years after becoming a Permanent Resident.

However, on April 28, 2017, Immigration, Refugees, and Citizenship Canada (IRCC) eliminated Conditional Permanent Residence.

By scrapping Conditional PR, the Canadian government stated that it was addressing concerns that vulnerable sponsored spouses or partners may remain in abusive relationships out of fear of having their resident status revoked.

The Canadian government acknowledges that, while there are incidents of marriage fraud, the majority of relationships are legitimate, and most spousal sponsorship applications are completed in good faith.

The safety of all Canadian residents was stressed, while additional methods of preventing fraudulent weddings were implemented.

Have you recently arrived in the US? Did you enter as the recent spouse of a US citizen? If you answered “yes” to either of these questions, you probably have conditional permanent residency in the United States.

You can use the majority of the services and benefits that are available to permanent residents of the United States if you have conditional permanent residency.

The issue is that your conditional status will only be valid temporarily. As a result, you must have the conditions of your permanent residence lifted.

This post will define conditional permanent residency and walk you through the process of successfully getting your home free of restrictions.

What Is “Conditional” Permanent Residence?

The terms “conditional” and “permanent” can look contradictory, especially when used together. Let us explain.

When you become a conditional permanent resident of the United States, you are “permanent” in the sense that:

  • You are qualified for a variety of rights and benefits associated with US residency.
  • You can reside in any place in the United States.
  • You may work or seek employment with any private US-based firm.

Of course, you would require some form of paper to confirm your legal status in the United States.

Otherwise, you could face deportation and other complications with the US Citizenship and Immigration Service or the Department of Homeland Security!

This identity, known as the Green Card, is highly valued by all permanent residents. A Green Card is proof of permanent residence in the United States.

Conditional permanent residency is the type of permanent residence you have. “Conditional” implies more than just having constraints on your Green Card (though this is true to some extent).

The conditions set are those that govern how long you can stay in the United States. In other words, a conditional permanent resident may reside and work anywhere in the United States.

However, under some conditions, you can only enjoy these benefits for a short time. This time, it lasts two years.

How Can I Be Eligible For Conditional Permanent Residence?

Conditional permanent residence can be granted for a variety of reasons. Entrepreneurs who have entered the United States to start their firms may be eligible. After all, they do provide work for Americans.

However, not everyone has enough money to establish a business (especially in the United States!).

The other most prevalent cause is marriage. More specifically, marriage to a US citizen may qualify you for conditional permanent residence.

Additionally, the marriage must be valid. A legitimate marriage may be:

  • One produced in the United States.
  • One manufactured in the foreign national’s country.

In either situation, you and your spouse must have the proper documents. Typically, this is the marriage certificate. Ideally, this should be signed and notarized.

In a nutshell, the eligibility criteria for conditional permanent residence through marriage are:

  • Marriage to a US Citizen or Permanent Resident in the US or another nation
  • Signed and notarized marriage certificate

How Can I Remove Conditions?

The “conditions” of your permanent residence will only allow you to remain in the United States temporarily.

With conditional status, you are only allowed to stay or work in the United States for two years. If you want to stay longer, you must have the conditions of your permanent residence lifted.

Here’s how to remove the conditions of your permanent residence:

Step 1: Ensure that you and your spouse meet the eligibility requirements.

Before moving on to the next steps, make sure you meet the qualifying conditions. Doing so will save you a significant amount of time, effort, and money.

One of the eligibility requirements for conditional permanent residence by marriage is the length of the marriage.

You can only apply jointly with your spouse if you have been married for the entire length of your conditional permanent residence.

Thus, if you have been married to the same US citizen or permanent resident for two years, you meet this condition.

Once you’ve been married for two years, you can move on to stage two!

Step 2: Have Your Documents Ready

Yes, you can do this once you’ve filled out Form I-751. However, having supporting documentation ready before receiving Form I-751 helps speed up and simplify the procedure.

So, what are the supporting documents?

Supporting documents demonstrate your legal status in the United States at the time you apply.

Also, because your status is based on your marriage, you will require documents proving your marriage or spousal relationship.

Re-admissibility to the United States is likewise a huge concern. Therefore, any criminal history must be brought to light.

The following documents, in no particular order, are required:

  • Your current Green Card
  • Marriage certificate to prove a spousal relationship
  • Court or law enforcement statements; any criminal record or document confirming that there are no ongoing criminal charges.
  • Joint documents with your spouse establishing a marital relationship

Step 3: Fill out the I-751 form

If you are an entrepreneur, the format will be different. Form I-751 is required for conditional permanent resident status obtained through marriage.

Form I-751 is available for download from the US Citizenship and Immigration Services website.

The ten-page form requests information about yourself, including names, addresses in the US, and filing methods.

If you have dependents or children, please provide a petitioner’s statement (section 7 of the form).

  • Your spouse
  • You need to fill out Form I-751 together with your spouse. This is called a joint filing.
  • If you divorced within the past two years, proceed to step four.

Step 4: If divorced, obtain a waiver of joint filing.

Your marriage may not last for two years. Whether you divorce or your partner dies, this can be the end of your marriage.

Can it hinder your application for unconditional permanent residency? Not if you get a waiver.

Remember (step 2) that filling out I-751 is a team effort. In other words, you must fill it out and share it with your spouse.

A waiver will allow your application to proceed even if your marriage ends within two years. In addition to being divorced or your spouse dying, you may request a waiver of the joint filing requirement (and file without your spouse) if you were subjected to abuse or extreme cruelty during your marriage, or if deportation to your home country would cause you extreme hardship.

Step 5: Pay the necessary fees.

The USCIS fee calculator can help you figure out how much you’ll have to pay.

The charge calculator will show you just how much you’ll have to pay. You can expect the following fees:

  • Filing fee ($585.00)
  • Biometrics fee ($85.00)

Depending on your situation, you may have to pay additional fees.

You can pay by check, money order, or credit card.

Step 6: Send Your Application EARLY.

The typical application processing time for the United States Citizenship and Immigration Services is three months. In other words, it is 90 calendar days from the date of receipt.

To lessen the likelihood of rejection, mail your application 90 days before the expiration of your conditional Green Card.

By this point, you will have finished:

  • Your Form I-751
  • Supporting documents
  • Checks, money orders, and other forms of payment.
  • These will be your whole application package. You can submit your application online or via mail.

At the time of writing, the USCIS had two mailing addresses. They are:

  • USCIS
  • O. Box 21200
  • Phoenix, AZ 85036

 

  • USCIS
  • Attn: I-751
  • 1820 E. Skyharbor Circle S
  • Suite 100
  • Phoenix, AZ 85034

The latter is recommended if you want to mail your application via FedEx, UPS, or DHL.

Step 7: Await the decision of the United States Citizenship and Immigration Services (USCIS).

Once you’ve mailed your application, all you have to do is wait for the decision. Typically, the USCIS decides on your application or petition for condition removal within 90 days.

You can check on your application between when you submit it and when the 90-day period expires.

How? The USCIS will provide you with a receipt (via post or email). This receipt will include your case number.

Your case number confirms that the USCIS is considering and processing your application.

All you need to do is enter your receipt number into the website’s online form. This will take you to a page that shows you where you stand in the application process.

What Could Cause My Application to Be Rejected?

Your application could be rejected for a variety of reasons. Here are some of the most prevalent reasons for rejection:

Sending Your Application Late

By “late,” we mean sending your joint petition after your green card has expired and failing to give a compelling justification for the late filing.

Late applications are nearly always rejected. Worse, you may lose your legal status while waiting for the USCIS verdict.

All you need to do is enter your receipt number into the website’s online form. This will take you to a page that shows you where you stand in the application process.

FAQS

Who receives conditional permanent residence?

When you are admitted to the United States on an immigrant visa or your status is changed to that of a lawful permanent resident, you are granted conditional permanent residency. Your status remains conditional until we approve your Form I-751, Petition to Remove Conditions on Residence.

How long do you have to live in Canada to become a permanent resident?

Regardless of your age, you have been physically present in Canada for at least 1,095 days in the five years preceding the date you signed your application and have met all other requirements.

Conclusion

Depending on your situation, applying for unconditional permanent residence can be difficult. As you can see, it is a complex process with numerous documents, regulations, and procedures. Completing the application on your own may result in a rejection or a denial.

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