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5.49. What happens if the conjugal partner (principal applicant) is married to another person?

Persons who are married to third parties can be considered conjugal partners provided their marriage has broken down and they have lived separate and apart from their spouse for long enough to establish a conjugal relationship with another person. In this case, they must have separated from the legally married spouse and established a conjugal relationship with the conjugal partner and been in that relationship for at least one year. A conjugal relationship cannot be legally established where one or both parties continue in a conjugal relationship with their spouse.

Establishing a conjugal relationship takes a period of time; it is expected that the date from which the conjugal relationship exists will be some reasonable time after separation from the legally married spouse has occurred. Although a couple in a conjugal partner relationship might have known one another while one or both was still with their legally married spouse, they could not be in a conjugal relationship until there was a separation from the legally married spouse and the new conjugal relationship established. See also What happens if a common-law partner (principal applicant) is married to another person, Section 5.38 above.


The conjugal partner must satisfy an officer that they are separated from and no longer cohabiting with the legal spouse. Evidence may be in the form of a signed formal declaration that the marriage has ended and that the person has entered into a conjugal partner relationship. An officer may require that the person produce other written evidence of a formal separation or of a breakdown of the marriage. Acceptable documents include a separation agreement, a court order in respect of custody of children identifying the fact of the marriage breakdown, documents removing the legally married spouse(s) from insurance policies or will as beneficiaries (a “change of beneficiary” form).

In the above circumstances, the legal spouse of the principal applicant will not be examined and therefore is not a member of the family class. This spouse cannot subsequently be sponsored by the principal applicant [see R117(9)(d)].

When you are a permanent resident, you can live outside of Canada, but must live in Canada for at least two years in a five-year period. If you live outside of Canada for longer, you may lose your permanent resident status.

For more information on how long you have to live in Canada, see Appendix A: Residency obligation of the PR card application package.

To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period.

This means that you can spend a total of up to 3 years outside of Canada during a 5-year period.

However, if you leave the country for an extended period of time, it is up to you to prove to Citizenship and Immigration Canada that you will be able to meet your residency requirements.[...]If you know that you will be out of the country for an extended period of time it is very important that you contact Citizenship and Immigration Canada and let them know that you will be returning. Citizenship and Immigration Canada no longer issues Returning Resident Permits.

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

1) Is getting R-1 a problem? Should I inform the embassy about this?

In most cases, the travel document is to be issued for a single entry with a validity of six months. Occasionally, there may be cases where a permanent resident of Canada is unable to apply for a permanent resident card due to their long-term residency abroad. In these rare
cases, where a permanent resident is unable to apply for the card from within Canada because of the shortness of their occasional stays in Canada, a multiple-entry travel document may be issued for a period of validity not exceeding five years. The category to be printed on the travel document counterfoil is R-1. A separate counterfoil will be printed for each person included in the application that meets the criteria for issuance.

In those cases where an applicant was approved on humanitarian and compassionate grounds, the category to appear on the travel document counterfoil is RC-1.

A31(3) Travel document “R-1” counterfoil coding: Permanent residents, without a permanent resident card, who comply with the residency obligation: In those cases where an overseas applicant for an A31(3) travel document is issued with an A31(3) travel document, and an officer overseas has made a determination that the permanent resident has complied with the residency obligation (A31(3)(a)), the counterfoil coding is “R-1.”

2) I am planning to move to Canada permanently in Fall 2018 because at that time my aunt will be retired and she will be able to take care of my dad. I will visit Canada for approximately 2 weeks in the next month. Is it ok for me to apply for a PR Card next month when I visit Canada?

Discrepancies in residency obligations

If the PR card applicant does not appear to meet the residency requirement (e.g.,following an examination of the passport and travel history, input from the visa office, etc.) and insufficient H&C grounds are identified to overcome this shortfall, the officer writes a report under A44(1). The report goes to a Minister’s delegate, who may issue a removal order under A44(2). If the PR card applicant is inadmissible on grounds other than residency, the case will be assessed by the Minister’s delegate and referred to the Immigration Division. During this time, the applicant is still entitled to a one-year card, where there is no final disposition on the case whether it is at the report stage, the admissibility hearing stage or the removal stage. Similarly, if the PR card applicant is the subject of a negative determination under A46(1)(b), where there is no final disposition, the client is also entitled to a one-year card.

Pending or unresolved A27/A44 reports

The CPC-PRC contacts the CIC where the report originated. If there is no response after seven days and the report is over five years old, the application is processed and a five year card is issued. If there is no response and the report is less than five years old, a one-year card is issued.

3) If they send my PR Card to my adress in Canada, would it be ok to go back to Canada in 2018 with my new PR Card. Would there be any problems with RO?

"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

b) If you move to Ontario from another province or territory where you had provincial/territorial health insurance coverage:

If you move to Ontario directly from another province and apply for coverage, your OHIP coverage will begin on the first day of the third month after establishing residence in Ontario, provided you were insured in your previous province or territory.

Your valid health card from your former province will continue to provide you with health insurance coverage in accordance with that province/territory's plan during the waiting period.

7.5. Accompanying a Canadian citizen outside Canada

R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.

In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.

OPTION 1. Accompanying a Canadian citizen or permanent resident outside Canada

You may count each day that you accompanied a Canadian citizen or permanent resident outside Canada provided that

• the person you accompanied is your spouse, common-law partner or parent (if you are a child under 19 years of age);
• if you are accompanying a permanent resident, they were employed on a full-time basis by a Canadian business or in the public service of Canada or of a province or territory during the period you accompanied them.

Evidence required
You must provide supporting documents to prove that:

• The person you are accompanying is a Canadian citizen or permanent resident (and that the permanent resident you are accompanying meets his or her own residency obligation); and
• You are the spouse, common-law partner or child of that person.

Supporting documents may include:

• marriage licence or evidence of common-law partnership (mandatory if you are accompanying a spouse or common-law partner)
• child’s birth certificate, baptismal document, or adoption or guardianship document (mandatory if you are accompanying a parent)
• all passports or other travel documents of the person you are accompanying used in the five years before the application (mandatory)
• school or employment records
• association or club memberships
• documents showing the citizenship of the person you are accompanying, including the date the person became a Canadian citizen, or documents showing that the permanent resident you are accompanying meets their residency obligation (mandatory)
• evidence of the residential addresses of the person you are accompanying for the five (5) years before the application (mandatory)
• any other documents that you want to have considered

Non-profit housing co-operatives (co-ops) have many similarities to other forms of social housing. But because they value collective decision-making by the people that live there, they chose not to be included in the Residential Tenancies Act so they would not be subject to Orders of the Landlord and Tenant Board (the LTB).

The Residential Tenancies Act (RTA) is the law that applies to most rental housing in Ontario, including most subsidized/RGI housing. Most of the RTA applies to subsidized housing units too, but there are also some additional special laws and rules. Some of the special laws and rules relate to the amount of the rent, who lives in the unit, income and assets of the people living in the unit, and absence from the unit.

To Apply for a Health Card

• Get an application form online or from your local Service Ontario OHIP Office.
• Fill it out.
• Collect the documents you need.
• Take your application and documents to your local Service Ontario OHIP Office.

Returning by private vehicle

There are other documents you can use to enter the country.
When you return to Canada, apply for a PR card if you plan to travel outside Canada again.

Some examples of private vehicles include, but are not limited to: a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, and that is not available for public use.

"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

April 28, 2017—Ottawa, ON


To uphold its commitment to family reunification and to support gender equality, the Government of Canada has removed the condition that applied to some sponsored spouses or partners of Canadian citizens and permanent residents to live with their sponsor for two years in order to keep their permanent resident status.

This change applies to anyone who was subject to the requirement, as well as to new spouses and partners who are sponsored as permanent residents.