3 years of living together to avoid conditional PR?

[28january]

I read on this forum that you only become a common law after one year of living together. So when they say you need two years to not get conditional PR, the clock starts after that first year of cohabitation, correct? So in Reality you have to have cohabited for three years before applying to avoid conditional PR?

I read this from the comments made by a senior but can't find this info anywhere on cic site. Can someone lead me to the original source?

 

[tink23]

Yes this is correct. I don't know where the source would be. It is probably in the guide of the application forms.

 

[keesio]

In Guide 3900

The amendments specify that spouses, common-law or conjugal partners who are in a relationship with their sponsor for two years or less and have no children in common with their sponsor at the time of the sponsorship application are subject to a period of conditional permanent residence.

...

Condition applies if the couple:

is married for two years or less; or
dated for four years, but is married for two years or less; or
have been in a conjugal relationship for two years or less; or
has cohabited in a common-law relationship for two years or less; and
Do not have any children in common

Since you don't become common-law until after living together for one year, you would need over 2 years from the date you become common-law (over 3 years total).

 

[28january]

In Guide 3900

The amendments specify that spouses, common-law or conjugal partners who are in a relationship with their sponsor for two years or less and have no children in common with their sponsor at the time of the sponsorship application are subject to a period of conditional permanent residence.

...

Condition applies if the couple:

is married for two years or less; or
dated for four years, but is married for two years or less; or
have been in a conjugal relationship for two years or less; or
has cohabited in a common-law relationship for two years or less; and
Do not have any children in common

Since you don't become common-law until after living together for one year, you would need over 2 years from the date you become common-law (over 3 years total).

THANK YOU!

I still think the guidelines can be clearer..

 

[keesio]

Yup, so much of CIC's wording can be confusing that is for sure!

 

[28january]

Three years as of the day you apply or three years as of the day you get get Dm though?

Say A started living with B in 2010, so to date, they've been living together for 4 years but at the time she sent in her app they were only living together for 2 years ... Condition 51 or is she good?

I'm just the messenger by the way don't accuse me of fraud :'(

 

[Kayaker]

The day you apply is your lock in date, so to speak. It doesn't matter if by the time she gets PR they've been living together 4 years. And unless I'm mistaken, Condition 51 is not waived even if the applicant then has a baby with the sponsor.

 

[Ponga]

Three years as of the day you apply or three years as of the day you get get Dm though?

Say A started living with B in 2010, so to date, they've been living together for 4 years but at the time she sent in her app they were only living together for 2 years ... Condition 51 or is she good?

I'm just the messenger by the way don't accuse me of fraud :'(

`A' would likely have Condition 51, because her `locked-in date' (when CIC actually received her application) would only show that they had been living together for 2 years (first year to establish common-law + 1 year living AS common-law).

 

[28january]

Ahhhhhhhhhhhhh ok noted.

Thank you! Impressive as always you guys!

 

[zardoz]

The day you apply is your lock in date, so to speak. It doesn't matter if by the time she gets PR they've been living together 4 years. And unless I'm mistaken, Condition 51 is not waived even if the applicant then has a baby with the sponsor.

That's correct. As soon as the application date is "locked in", the circumstances at that time only will be taken into consideration.

 

[keesio]

`A' would likely have Condition 51, because her `locked-in date' (when CIC actually received her application) would only show that they had been living together for 2 years (first year to establish common-law + 1 year living AS common-law).

I think the lock-in date is the date the main sponsor application page (the one where both sponsor and applicant signatures is needed) is signed and dated, not the date the application is received.

 

[Ponga]

I think the lock-in date is the date the main sponsor application page (the one where both sponsor and applicant signatures is needed) is signed and dated, not the date the application is received.

Hmmm...I've not heard that before, but you could be right.

 

[keesio]

Hmmm...I've not heard that before, but you could be right.

I'm pretty sure. When you think about it, it makes sense since all the details you are providing in your application and swearing by via signature was on the date you signed it.

 

[Ponga]

I'm pretty sure. When you think about it, it makes sense since all the details you are providing in your application and swearing by via signature was on the date you signed it.

My curiosity got the better of me, so I looked through ip08 and found this:

5.3. Application made
Reference to an "application made" in the Regulations means the date that the application is date
stamped as received by the CPC-V.The CPC-V date stamps an application as received once they
have determined that the application is complete (see Section 5.4, below).
Under the spousal policy, many clients can benefit from an administrative deferral of removal if
there is evidence that they have a pending spousal application by the time they are deemed
removal-ready by the CBSA. In general, the date that the CPC-V has locked in the application is
the proof that an application has been made. For cases where a client attests that they have
made an application that has not been locked in, clients may present a copy of their application as
well as a copy of their fees receipt to show that an application has been made. Such proof may
also assist the CPC-V in locating the file for prompt action.

5.4. When does an application exist?
An application in the spouse or common-law partner in Canada class requires receipt by the
CPC-V of a properly completed and signed Application to Sponsor and Undertaking
[IMM 1344AE], a properly completed and signed In-Canada application for permanent resident
status [IMM 5002E] including the Background Declaration [IMM 5002E-Schedule 1] and proof of
payment of the correct processing fees. Under the spousal policy, H&C applications with a
spousal connection will be considered applications in the spouse or common-law partner in
Canada class after the receipt of a sponsorship, if not already submitted.

5.13. Lock-in age for dependent children
The age of any dependent children is locked in on the date the sponsorship and permanent
residence applications are jointly received, completed and signed, with the minimum requirements
met as specified in the Regulations and with proof of payment of the correct processing fees.

Maybe this means that CIC does in fact use the date received as their lock-in date.

 

[Edgehead78]

Why would somebody try to avoid conditional PR? It always made me rise suspicion as it doesn't affect anything of the applicants status here in Canada unless the relationship breaks up.
I think its legitimate for the sponsor to have a little protection as he/she is the one who is financially responsible of the applicant for 3 years.