Newcomers to Canada and Family Law - Revision history

Nate Russell: Nate Russell moved page Immigrants and Family Law to Newcomers to Canada and Family Law: new title for edition 2020

2022-08-10T22:46:38Z

Nate Russell moved page Immigrants and Family Law to Newcomers to Canada and Family Law: new title for edition 2020

← Older revision	Revision as of 22:46, 10 August 2022
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Nate Russell at 02:22, 1 August 2019

2019-08-01T02:22:26Z

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	\|ChapterEditors = [[Taruna Agrawal]]		\|ChapterEditors = [[Taruna Agrawal]]
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	Family law problems involving immigration law usually happen because a relationship breaks down after a spouse or common-law partner has been sponsored to come to Canada. Below is an overview of some overlapping legal issues that may result. If you are a newcomer to Canada with a family law concern, you should seek a lawyer (or an advocate or duty counsel) who is familiar with both family law and the rights and obligations around immigration and sponsorship. Several organizations specialize in supporting newcomers in this way. [https://www.clicklaw.bc.ca/helpmap/service/1013 MOSAIC] provides information, summary advice, referrals and legal representation to low-income immigrants and refugees. The Legal Services Society also publishes a useful booklet called ''https://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown]''.		Family law problems involving immigration law usually happen because a relationship breaks down after a spouse or common-law partner has been sponsored to come to Canada. Below is an overview of some overlapping legal issues that may result. If you are a newcomer to Canada with a family law concern, you should seek a lawyer (or an advocate or duty counsel) who is familiar with both family law and the rights and obligations around immigration and sponsorship. Several organizations specialize in supporting newcomers in this way. [https://www.clicklaw.bc.ca/helpmap/service/1013 MOSAIC] provides information, summary advice, referrals and legal representation to low-income immigrants and refugees. The Legal Services Society also publishes a useful booklet called ''[https://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown]''.

	~~Below we~~ look at some differences in concepts and language between ''family law'' and ''immigration law''.		Let's look at some differences in concepts and language between ''family law'' and ''immigration law'' to start.

	===Use of the term "common-law" or "spouse"===		===Use of the term "common-law" or "spouse"===
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	===Links===		===Links===
	*[http://www.clicklaw.bc.ca/resource/1073 Legal Services Society booklet: ''Sponsorship Breakdown'']		*[http://www.clicklaw.bc.ca/resource/1073 Legal Services Society's booklet ''Sponsorship Breakdown'']
	*[http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1355~~&top=14~~ How long am I financially responsible for the family member or relative I sponsor?]		*[http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1355 Immigration, Refugees and Citizenship Canada's Help Centre "How long am I financially responsible for the family member or relative I sponsor?"]
	*[https://www.clicklaw.bc.ca/helpmap/service/1013 MOSAIC's Legal Advocacy Program]		*[https://www.clicklaw.bc.ca/helpmap/service/1013 MOSAIC's Legal Advocacy Program]
	*[https://lss.bc.ca/legal_aid/immigrationProblems Legal Services Society's ~~website for~~ Legal Aid]		*[https://lss.bc.ca/legal_aid/immigrationProblems Legal Services Society's Legal Aid website "Immigration problems"]

	{{REVIEWED \| reviewer = [[Taruna Agrawal]], May 24, 2019}}		{{REVIEWED \| reviewer = [[Taruna Agrawal]], May 24, 2019}}

Nate Russell: /* Permanent resident spouses */

2019-07-23T20:36:26Z

Permanent resident spouses

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	In October 2012, the government of Canada introduced a rule that most sponsored spouses were under ''conditional permanent residency status'' for the first two years. This condition was removed on April 28, 2017, when the government introduced [http://www.cic.gc.ca/english/department/media/notices/2017-04-28.asp a rule] that sponsored spouses or common-law partners of Canadian citizens and permanent residents no longer need to live with their sponsor in order to keep their permanent resident status.		In October 2012, the government of Canada introduced a rule that most sponsored spouses were under ''conditional permanent residency status'' for the first two years. This condition was removed on April 28, 2017, when the government introduced [http://www.cic.gc.ca/english/department/media/notices/2017-04-28.asp a rule] that sponsored spouses or common-law partners of Canadian citizens and permanent residents no longer need to live with their sponsor in order to keep their permanent resident status.

	If your sponsor is abusive, you no longer need to worry about the threat of deportation or potential loss of status. Your residency status is no longer contingent on the length of the relationship. That being said, the government of Canada will still continue to investigate complaints about marriage fraud (where someone marries a Canadian citizen or permanent resident for the sole purpose of gaining entry into Canada). This means that if you leave your spouse, there is a possibility that he or she may file a complaint of marriage fraud with IRCC. IRCC will then send you a letter with a 30 day deadline to respond to their concerns and tell your side of the story. If that happens, you should seek legal advice. You could also write to the IRCC officer and ask for an extension on the response date. This will buy you some time to find a lawyer. If you do not receive a positive response from the ~~immigration~~ officer, then you must respond by the date listed on the letter to avoid a removal order.		If your sponsor is abusive, you no longer need to worry about the threat of deportation or potential loss of status. Your residency status is no longer contingent on the length of the relationship. That being said, the government of Canada will still continue to investigate complaints about marriage fraud (where someone marries a Canadian citizen or permanent resident for the sole purpose of gaining entry into Canada). This means that if you leave your spouse, there is a possibility that he or she may file a complaint of marriage fraud with IRCC. IRCC will then send you a letter with a 30 day deadline to respond to their concerns and tell your side of the story. If that happens, you should seek legal advice. You could also write to the IRCC officer and ask for an extension on the response date. This will buy you some time to find a lawyer. If you do not receive a positive response from the officer, then you must respond by the date listed on the letter to avoid a removal order.

	No matter what, your spouse may still remain responsible for supporting you and your children. If you are married or qualify as an unmarried spouse under the ''[[Family Law Act]]'' you may also be entitled to claim a share in the family property. See the chapter on [[Property & Debt in Family Law Matters\|Property & Debt]].		No matter what, your spouse may still remain responsible for supporting you and your children. If you are married or qualify as an unmarried spouse under the ''[[Family Law Act]]'' you may also be entitled to claim a share in the family property. See the chapter on [[Property & Debt in Family Law Matters\|Property & Debt]].

Nate Russell: /* Permanent resident spouses */

2019-07-23T20:34:45Z

Permanent resident spouses

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	===Permanent resident spouses===		===Permanent resident spouses===

	In October 2012, the government of Canada introduced a ~~new~~ rule that sponsored spouses ~~are~~ under a conditional permanent residency status for the first two years ~~(with some exceptions)~~. This condition was removed on April 28, ~~2017. In April~~ 2017, the government introduced [http://www.cic.gc.ca/english/department/media/notices/2017-04-28.asp a rule] that sponsored spouses or partners of Canadian citizens and permanent residents no longer need to live with their sponsor in order to keep their permanent resident status.		In October 2012, the government of Canada introduced a rule that most sponsored spouses were under ''conditional permanent residency status'' for the first two years. This condition was removed on April 28, 2017, when the government introduced [http://www.cic.gc.ca/english/department/media/notices/2017-04-28.asp a rule] that sponsored spouses or common-law partners of Canadian citizens and permanent residents no longer need to live with their sponsor in order to keep their permanent resident status.

	~~The change applies~~ to ~~those who were under investigation under~~ the ~~previous rule~~. That is, if you ~~left~~ your spouse ~~within two years~~ of ~~receiving~~ your ~~permanent resident status~~ and the ~~government of Canada was investigating~~ you ~~under~~ the ~~previous conditional permanent residency rule~~, ~~they will no longer continue that investigation~~.		If your sponsor is abusive, you no longer need to worry about the threat of deportation or potential loss of status. Your residency status is no longer contingent on the length of the relationship. That being said, the government of Canada will still continue to investigate complaints about marriage fraud (where someone marries a Canadian citizen or permanent resident for the sole purpose of gaining entry into Canada). This means that if you leave your spouse, there is a possibility that he or she may file a complaint of marriage fraud with IRCC. IRCC will then send you a letter with a 30 day deadline to respond to their concerns and tell your side of the story. If that happens, you should seek legal advice. You could also write to the IRCC officer and ask for an extension on the response date. This will buy you some time to find a lawyer. If you do not receive a positive response from the immigration officer, then you must respond by the date listed on the letter to avoid a removal order.

	~~This means that if your sponsor is abusive~~, you no longer need to worry about the threat of deportation or potential loss of status. Your residency status is no longer contingent on the length of the relationship. That being said, the government of Canada will still continue to investigate complaints about marriage fraud (that is, if someone marries a Canadian citizen or permanent resident for the sole purpose of gaining entry into Canada). This means that if you leave your spouse~~, there is a possibility that he or she~~ may ~~file a complaint of marriage fraud with IRCC. IRCC will then send~~ you ~~a letter with a 30 day deadline to respond to their concerns~~ and ~~tell~~ your ~~side of the story~~. ~~At this point,~~ you ~~should seek legal advice. You could also write to the IRCC officer and ask for~~ an ~~extension on~~ the ~~response date. This will buy~~ you ~~some time~~ to ~~find~~ a ~~lawyer~~. ~~If you do not receive a positive response from the immigration officer, then you must respond by~~ the ~~date listed~~ on ~~the letter to avoid a removal order~~.		No matter what, your spouse may still remain responsible for supporting you and your children. If you are married or qualify as an unmarried spouse under the ''[[Family Law Act]]'' you may also be entitled to claim a share in the family property. See the chapter on [[Property & Debt in Family Law Matters\|Property & Debt]].

	~~No matter what,~~ your ~~spouse may~~ still ~~remain responsible for supporting you and~~ your ~~children. If you qualify as a married or unmarried spouse under the~~ '~~'[[Family Law Act]]'' you may also be entitled to claim a share in the family property.~~		So long as your sponsorship is still within the term of undertaking (discussed above), your sponsor's obligation to support you continues. You will not lose your permanent resident status if you have to apply for welfare. If you do apply for welfare, keep in mind that you will be expected to show that you tried to obtain support from your spouse. If your relationship ended because of abuse, you may not have to try to get support from your spouse. The booklet on ''Sponsorship Breakdown'' contains good information on this topic.

	~~Although your spouse still has an~~ obligation to support you ~~as your sponsor, you~~ will not lose your permanent resident status if you have to apply for welfare. If you do apply for welfare, keep in mind that you will be expected to ~~try~~ to obtain support from your spouse. If your relationship ended because of abuse, you may not have to try to get support from your spouse.

	===Non-resident spouses===		===Non-resident spouses===

Nate Russell: /* Non-resident spouses */

2019-07-23T19:18:45Z

Non-resident spouses

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	===Non-resident spouses===		===Non-resident spouses===

	If you do not have permanent resident status, you must seek legal advice and help right away, since the breakdown of your relationship with your sponsor may affect your ability to remain in Canada (if that is in fact what you would like to do). There are a number of agencies that help immigrants and refugees. See [http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown] for a list of community workers and settlement agencies.		If you do not have permanent resident status, you must seek legal advice and help right away, since the breakdown of your relationship with your sponsor may affect your ability to remain in Canada (if that is in fact what you would like to do). There are a number of agencies that help immigrants and refugees. See the booklet ''[http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown]'' for a list of community workers and settlement agencies.

	===Links===		===Links===

Nate Russell: /* Immigration matters and family law */

2019-07-23T19:17:58Z

Immigration matters and family law

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Nate Russell at 08:22, 23 July 2019

2019-07-23T08:22:55Z

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	\|ChapterEditors = [[Taruna Agrawal]]		\|ChapterEditors = [[Taruna Agrawal]]
	}}		}}
	===Immigration ~~Matters=~~==		==Immigration matters and family law==

	Problems involving immigration usually crop up because one spouse has sponsored the other spouse ~~into~~ Canada and the relationship has ended. ~~The discussion that follows provides~~ an overview of some issues that ~~may~~ arise as a result of the breakdown of that relationship. If you have an immigration concern, you should absolutely speak with a lawyer who practices in this area.		Problems involving immigration usually crop up because one spouse has sponsored the other spouse to come to Canada and the relationship has ended. Below is an overview of some issues that can arise as a result of the breakdown of that relationship. If you have an immigration concern, you should absolutely speak with a lawyer who practices in this area.

	~~===Discourse*===~~		Before we get into substantive immigration law, let us go over some differences in language between ''family law'' and ''immigration law''.

	~~Before we get into substantive immigration law, let us go over some differences in language in family and immigration law. Some~~ of ~~these differences are:~~		===Use of the term “common-law” or “spouse”===

	~~===Use of~~ the term ~~“Common Law” or “Spouse”===~~		The [http://canlii.ca/t/7xsp Immigration and Refugee Protection Regulations] use the term "common-law partner" and defines it as follows:
			<blockquote><tt>common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.</tt></blockquote>

	''~~Immigration and Refugee Protection Regulations~~'' use the term ~~“Common~~-~~Law partner” and list~~ the ~~following~~ definition~~: “common-law partner means~~, ~~in relation to a person, an individual~~ who ~~is cohabiting with the person~~ in a ~~conjugal~~ relationship, ~~having so cohabited~~ for ~~a period of~~ at least ~~one year~~. ~~(conjoint de fait)”~~		The ''Family Law Act'' in BC does not use the term "common-law." It defines ''spouse'' under section 3(1) of the act. The definition is exhaustive, and captures unmarried people who live in a "marriage-like" relationship, but that relationship has to continue for at least ''two years''.

	~~The ''Family Law Act'' in BC does not use~~ the term “common law.” It defines ‘Spouse’ under section 3(1) of the act. The definition is exhaustive, so please refer to the Act for a full definition. The following is a snippet to illustrate the key difference:		Notice the time difference?

	~~3(1)A person is~~ a spouse for the purposes of ~~this act if the person~~		Just because you qualify as a common-law spouse under Canadian immigration law, does not mean that you will necessarily qualify as a spouse for the purposes of ''Family Law Act''.

	~~(a) is married to another person, or~~		===Best interests of the child===

	(b) ~~has lived with another person in a marriage-like relationship, and~~		Section 37(1) of the ''[[Family Law Act]]'' states that best interests of the child is the only consideration when making decisions about guardianship, parenting arrangements, and contact with the child.
	~~(i) has done so for a continuous period of at least 2 years, or~~
	~~(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.~~
	~~This means that just because you qualify as a common law spouse for the purpose~~ of ~~immigration, does not mean that you will qualify as a spouse for~~ the ~~purposes of~~ ''Family Law Act''.

	~~===Best Interests~~ of the ~~Child===~~		Section 3(1)(d) of the ''[[http://canlii.ca/t/7vwq Immigration and Refugee Protection Act]]'' states that one of the objectives of the act is "to see that families are reunited in Canada." A very important case for immigration law, ''[http://canlii.ca/t/1fqlk Baker v. Canada (Minister of Citizenship and Immigration)]'', [1999] 2 SCR 817 says that "the decision-maker should consider children's best interests as an important factor, give them substantial weight, and be alert, alive and sensitive to them."

	~~Section 37(1) of the~~ '~~'Family Law Act'' states that best interests of the child is the only consideration when making decisions about guardianship, parenting arrangements, and contact with the child.~~		===Sponsor's obligations===

	~~Section 3(1)(d) of the ''Immigration~~ and ~~Refugee Protection Act~~'~~' states that one of~~ the ~~objectives of the act is “to see that families are reunited~~ in ~~Canada.” There are quite a few cases that speak about the courts being “alive” to the interests of the children~~.		Both family law and immigration law outline a stepparent's obligation to provide for the sponsored dependent in some way.

	~~===Sponsor’s Obligations===~~		As discussed in the chapter on [[Child Support]], under the heading "Stepparents and child support", section 147(4) of the''[[Family Law Act]]'' imposes a duty on stepparents in some cases to pay child support.

	~~Both family~~ and ~~immigration law outline a stepparent’s obligation~~ to ~~provide~~ for the ~~sponsored dependent~~ in ~~some way~~.		If your Canadian partner sponsored you and your children to come to Canada, and helped support that child for at least one year, then you may be able to get a child support order under the ''Family Law Act''. Be aware of the one-year limitation period noted in section 147(4)(b) above.

	~~Section 147(4)~~ of ~~the~~''~~Family Law Act~~'' ~~states that “A child’s stepparent does not have a duty~~ to ~~provide support~~ for the ~~child unless~~		Immigration rules also state that a sponsor has certain obligations to provide for their spouse's needs and the needs of any dependent children. These responsibilities are for a fixed amount of time called a ''length of undertaking''. Refer to [http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1355 the CIC website] for a table showing the different lengths of undertaking depending on who is sponsored.

	~~(a) the stepparent contributed to the support of the child for at least one year,~~ and		Family law and immigration law impose different obligations when it comes to support. One family law case from BC Supreme Court, ''[http://canlii.ca/t/1q1m5 Aujla v. Aujla]'', 2004 BCSC 1566, indicates that a sponsor's obligations under a sponsorship agreement (obligations between the sponsor and the federal government), are separate from the sponsor's obligation to pay spousal support (an obligation from one spouse to another). If you were sponsored, have dependents, and your relationship with the sponsor has now ended, talk to a lawyer to discuss your entitlement to support.

	~~(b) a proceeding for an order under this Part, against the stepparent, is started within one year after the date the stepparent last contributed~~ to ~~the~~ support ~~of the child~~.”

	~~This means that if your Canadian partner sponsored you and your child(ren) to Canada and helped support that child for at least one year~~, ~~then you could pursue child support for your child under the ''Family Law Act~~''. Be aware of the one-year limitation period noted in section 147(4)(b) above.*

	In addition, immigration rules also state that the sponsor has certain obligations to continue to provide for their spouse's needs and the needs of any dependent child(ren). These responsibilities are for a fixed amount of time. Refer to [http://~~www.cic.gc~~.ca/~~english/helpcentre~~/~~answer.asp?qnum=1355&top=14 this page on the CIC website] that outlines this undertaking.~~

	~~From a legal perspective, the sponsor’s obligations under family and immigration law are not identical. A family law case at the BC Supreme Court, ''~~Aujla v. Aujla'', 2004 BCSC 1566, ~~held~~ that a sponsor's obligations under a sponsorship agreement ~~were~~ obligations between the sponsor and the federal government, separate from the sponsor's obligation to pay spousal support ~~under those acts~~.
	~~Either way, if~~ you were sponsored, have dependents, and your relationship with the sponsor has now ended, talk to a lawyer to discuss your entitlement to support.

	===Sponsorship application===		===Sponsorship application===
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	If you do not have permanent resident status, you must seek legal advice and help right away, since the breakdown of your relationship with your sponsor may affect your ability to remain in Canada (if that is in fact what you would like to do). There are a number of agencies that help immigrants and refugees. Seek them out immediately.		If you do not have permanent resident status, you must seek legal advice and help right away, since the breakdown of your relationship with your sponsor may affect your ability to remain in Canada (if that is in fact what you would like to do). There are a number of agencies that help immigrants and refugees. Seek them out immediately.


	===Links===		===Links===
	*[http://www.clicklaw.bc.ca/resource/1073 Legal Services Society booklet, Sponsorship Breakdown]		*[http://www.clicklaw.bc.ca/resource/1073 Legal Services Society booklet: ''Sponsorship Breakdown'']
	*[http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1355&top=14 How long am I financially responsible for the family member or relative I sponsor?]		*[http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1355&top=14 How long am I financially responsible for the family member or relative I sponsor?]

	*Thank you to Vicky Law and Jasmeet Wahid for allowing me to use their presentation on Family and Immigration Law for some of the materials in this article.

	{{REVIEWED \| reviewer = [[Taruna Agrawal]], May 24, 2019}}		{{REVIEWED \| reviewer = [[Taruna Agrawal]], May 24, 2019}}

Corinne Shortridge: /* Links */

2019-07-04T18:03:47Z

Links

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	===Links===		===Links===
	*[http://www.clicklaw.bc.ca/resource/1073 Legal Services Society booklet, Sponsorship Breakdown]		*[http://www.clicklaw.bc.ca/resource/1073 Legal Services Society booklet, Sponsorship Breakdown]
	*[http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1355&top=14]		*[http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1355&top=14 How long am I financially responsible for the family member or relative I sponsor?]

	*Thank you to Vicky Law and Jasmeet Wahid for allowing me to use their presentation on Family and Immigration Law for some of the materials in this article.		*Thank you to Vicky Law and Jasmeet Wahid for allowing me to use their presentation on Family and Immigration Law for some of the materials in this article.

Corinne Shortridge: /* Permanent resident spouses */

2019-07-04T17:59:19Z

Permanent resident spouses

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	The change applies to those who were under investigation under the previous rule. That is, if you left your spouse within two years of receiving your permanent resident status and the government of Canada was investigating you under the previous conditional permanent residency rule, they will no longer continue that investigation.		The change applies to those who were under investigation under the previous rule. That is, if you left your spouse within two years of receiving your permanent resident status and the government of Canada was investigating you under the previous conditional permanent residency rule, they will no longer continue that investigation.

	This means that if your sponsor is abusive, you no longer need to worry about the threat of deportation or potential loss of status. Your residency status is no longer contingent on the length of the relationship. That being said, the government of Canada will still continue to investigate complaints about marriage fraud (that is, if someone marries a Canadian citizen or permanent ~~residence~~ for the sole purpose of gaining entry into Canada). This means that if you leave your spouse, there is a possibility that he or she may file a complaint of marriage fraud with IRCC. IRCC will then send you a letter with a 30 day deadline to respond to their concerns and tell your side of the story. At this point, I suggest seeking legal advice. You could also write to the IRCC officer and ask for an extension on the response date. This will buy you some time to find a lawyer. If you do not receive a positive response from the immigration officer, then you must respond by the date listed on the letter to avoid a removal order.		This means that if your sponsor is abusive, you no longer need to worry about the threat of deportation or potential loss of status. Your residency status is no longer contingent on the length of the relationship. That being said, the government of Canada will still continue to investigate complaints about marriage fraud (that is, if someone marries a Canadian citizen or permanent resident for the sole purpose of gaining entry into Canada). This means that if you leave your spouse, there is a possibility that he or she may file a complaint of marriage fraud with IRCC. IRCC will then send you a letter with a 30 day deadline to respond to their concerns and tell your side of the story. At this point, I suggest seeking legal advice. You could also write to the IRCC officer and ask for an extension on the response date. This will buy you some time to find a lawyer. If you do not receive a positive response from the immigration officer, then you must respond by the date listed on the letter to avoid a removal order.

	No matter what, your spouse may still remain responsible for supporting you and your children. If you are married, you will also remain entitled to claim a share in the family property.		No matter what, your spouse may still remain responsible for supporting you and your children. If you are married, you will also remain entitled to claim a share in the family property.

Corinne Shortridge: /* Permanent resident spouses */

2019-07-04T17:52:51Z

Permanent resident spouses

← Older revision		Revision as of 17:52, 4 July 2019
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	===Permanent resident spouses===		===Permanent resident spouses===

	In October 2012, the government of Canada introduced a new rule that sponsored spouses are under a conditional permanent residency status for the first two years (with some exceptions). This condition was removed on April 28, 2017. In April 2017, the government introduced a rule that sponsored spouses or partners of Canadian citizens and permanent residents no longer need to live with their sponsor in order to keep their permanent resident status ~~(Source- http://www.cic.gc.ca/english/department/media/notices/2017-04-28.asp)~~.		In October 2012, the government of Canada introduced a new rule that sponsored spouses are under a conditional permanent residency status for the first two years (with some exceptions). This condition was removed on April 28, 2017. In April 2017, the government introduced [http://www.cic.gc.ca/english/department/media/notices/2017-04-28.asp a rule] that sponsored spouses or partners of Canadian citizens and permanent residents no longer need to live with their sponsor in order to keep their permanent resident status.

	The change applies to those who were under investigation under the previous rule. That is, if you left your spouse within two years of receiving your permanent resident status and the government of Canada was investigating you under the previous conditional permanent residency rule, they will no longer continue that investigation.		The change applies to those who were under investigation under the previous rule. That is, if you left your spouse within two years of receiving your permanent resident status and the government of Canada was investigating you under the previous conditional permanent residency rule, they will no longer continue that investigation.