3 years of living together to avoid conditional PR?

[Ponga]

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.

Totally agree, but there are times when a legitimate partner, or spouse, needs to leave Canada for more than what would be deemed as a `reasonable absence' by CIC. For example, if there is a family situation that requires the sponsored person to leave, but their partner/spouse cannot. In this case, CBSA could do a random house check and when they find that the couple is not cohabiting (as is required by Condition 51), it could be a problem.

I suspect that, as others have stated, CIC/CBSA will focus more on investigating those cases where the sponsor has `dropped a dime' to report a true breakdown in the relationship.

 

[28january]

Thank you all.

And edgehead, I do agree with you 100%.

 

[Edgehead78]

Totally agree, but there are times when a legitimate partner, or spouse, needs to leave Canada for more than what would be deemed as a `reasonable absence' by CIC. For example, if there is a family situation that requires to sponsored person to leave, but their partner/spouse cannot. In this case, CBSA could do a random house check and when they find that the couple is not cohabiting (as is required by Condition 51), it could be a problem.

I suspect that, as others have stated, CIC/CBSA will focus more on investigating those cases where the sponsor has `dropped a dime' to report a true breakdown in the relationship.

Given the resources allowed to CIC/CBSA, I would bet 100$ they will investigate only those cases where the sponsor filed a complain.
Thanks for your reply, I understand that in some cases, the conditional PR could be a bother.

 

[taffy7]

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.

I sent my application 10th April , they requested more document 9th June , they received them the 10th of June and on my notes it says file complete lock in date for dependent and applicant 10th June . SA then received in August . I thought my lock in date would have been the first time i sent the application, but if forms are missing lock in date changes according to my GCMS notes .

 

[Alurra71]

I sent my application 10th April , they requested more document 9th June , they received them the 10th of June and on my notes it says file complete lock in date for dependent and applicant 10th June . SA then received in August . I thought my lock in date would have been the first time i sent the application, but if forms are missing lock in date changes according to my GCMS notes .

Yes, but technically, your application was not 'complete' until the 10th of June when they received the information they needed from you. AOR and 'lock ins' are dependent upon a full and complete application.

 

[taffy7]

Yes, but technically, your application was not 'complete' until the 10th of June when they received the information they needed from you. AOR and 'lock ins' are dependent upon a full and complete application.

Yes ! absolutely cic locks in the date when application is received complete .Ponga wrote at the bottom may be this means cic does in fact use the date received as their lock in date. Tha'ts what i was referring to. I was just showing my time frame for explanation of lock in date just as Ponga said.