Common Law Separation - condition 51

[potential_resident]

Hi Everyone,

I gained permanent residency in February 2015 through common law sponsorship. I have a condition 51 written on my permanent residency papers that I have to co-habit with my common law partner for a period of 2 years from the day I gained my permanent residency. That means this condition will expire on February 2017.

Situation: I moved out in May 2016 (because the relationship wasn't working - he didn't want to marry me and have kids among other reasons). I contacted the immigration to let them know that I moved out permanently and in doing so broke my condition 51.

They have asked me to send them the following:

In order to further assess your case, we require supporting information. Please provide me with the following document(s)/information:

1. Provide a statutory declaration about the incidents that lead you to request an exception to your conditions for permanent residence. Indicate the dates and periods you were not residing together.

2. Provide the police report(s) pertaining to any incidents in which the police were called, or a report was filed.

3. Any Emergency protection orders in place

4. Provide any court documents detailing the charges, and dismissal of charges if applicable

5. Provide any doctor letters (incident reports) if any.

6. Provide any letters or notes that you have received from any counselling.

7. Provide any information on any threats or contact from your spouse, by way of e-mail, text messaging, letters or any type of contact.

8. Provide any witness statements.

9. Provide any information about your financial situation.

10. Provide any other information that you would like to provide in support of your request.

I have documents from the doctor, counsellor, my friends, my bank statements and my statutory declaration. How will they assess my application to apply for an 'exception' from this condition ? What happens if they deny my application ? Do I have to go to court ? Will there be interviews ? Has anyone gone through this ? I am not seeking any money for joint assets from my common law partner (furniture, cycle, joint account.. etc.).

I want to know what my chances are as I tried my best to make the relationship work, but my sponsor couldn't care less. They have given me one month deadline to supply all relevant documentation by.

-Thank you everyone !

 

[Rob_TO]

My understanding is you need to show clear evidence of your sponsor abusing you in some way. This is why they are asking for police/doctor reports, etc.

Simply having the relationship break down for the reasons you mentioned is not enough for an exemption from Condition 51. There is a strong chance your PR status will end up getting revoked due to this, however ultimately the final decision is up to CIC.

 

[potential_resident]

Hi Rob,

Thank you for your reply. Can the exception be granted based on the fact that neither party sees a future with each other in the relationship ? Relationships fall out all the time and I was honest enough to make the call to the immigration to make a point that there is no future in our relationship with each other.

Does anyone know of specifically what the 'exception' legislation entails/covers ? Surely it cannot be simply just abuse ?

Thank you everyone

 

[Rob_TO]

Hi Rob,

Thank you for your reply. Can the exception be granted based on the fact that neither party sees a future with each other in the relationship ? Relationships fall out all the time and I was honest enough to make the call to the immigration to make a point that there is no future in our relationship with each other.

Does anyone know of specifically what the 'exception' legislation entails/covers ? Surely it cannot be simply just abuse ?

Thank you everyone

As the rules are written it's just for abuse/neglect, there is no exemption for a natural breakdown of relationship. You can read more here on the details:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp#sec03.1
3. Processing instructions for exceptions
3.1 Eligibility criteria
Spouses and partners who are or were subject to the condition and who are or were unable to meet it as a result of the death of the sponsor, or as a result of abuse or neglect during the two-year period of conditional permanent residence, may request an exception from the application of the condition at any time during the two-year conditional period or at the time of an investigation.

Again though how it's enforced in each specific circumstance may differ case to case. You can always appeal if they choose to revoke your PR.

 

[scylla]

Hi Rob,

Thank you for your reply. Can the exception be granted based on the fact that neither party sees a future with each other in the relationship ? Relationships fall out all the time and I was honest enough to make the call to the immigration to make a point that there is no future in our relationship with each other.

Does anyone know of specifically what the 'exception' legislation entails/covers ? Surely it cannot be simply just abuse ?

Thank you everyone

The exceptions are stated in what Rob_TO quoted: death of the sponsor or abuse/neglect. The relationship falling apart doesn't qualify under any exception unfortunately.

 

[zardoz]

Hi Rob,

Thank you for your reply. Can the exception be granted based on the fact that neither party sees a future with each other in the relationship ? Relationships fall out all the time and I was honest enough to make the call to the immigration to make a point that there is no future in our relationship with each other.

Does anyone know of specifically what the 'exception' legislation entails/covers ? Surely it cannot be simply just abuse ?

Thank you everyone

I think that you have "shot yourself in the foot". You have given CIC notice of the breach of Condition 51 with no support for a valid exemption. You should probably have just kept quiet as it's CIC's responsibility to detect breaches, not your's to self declare. Yes, essentially it's just abuse, or sponsor's death. http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp

 

[p0ppet]

Hi Rob,

Thank you for your reply. Can the exception be granted based on the fact that neither party sees a future with each other in the relationship ? Relationships fall out all the time and I was honest enough to make the call to the immigration to make a point that there is no future in our relationship with each other.

Does anyone know of specifically what the 'exception' legislation entails/covers ? Surely it cannot be simply just abuse ?

Thank you everyone

You really, really need to talk to someone at a legal aid office.

There might be a chance they won't pursue a removal order - Conditional PR is on its way out (as it should be, 'cos it's a harmful and heavy-handed policy), and I would be surprised if it's not retroactive, because it wouldn't really make sense to go 'we're getting rid of this policy because it enables domestic violence without any substantial benefit to balance it out....but only for some people! the rest of you can just deal with it' - but you really need to talk to someone at a legal aid office either way.

If your partner has said 'I don't want to marry you or have children with you *and* I don't want you here anymore, I'm not going to provide for your basic needs, get out' after you landed but prior to you moving out, you might be able to argue neglect, but in the absence of something like that....well, again, you really need to talk to an immigration lawyer.

 

[screech339]

You really, really need to talk to someone at a legal aid office.

There might be a chance they won't pursue a removal order - Conditional PR is on its way out (as it should be, 'cos it's a harmful and heavy-handed policy), and I would be surprised if it's not retroactive, because it wouldn't really make sense to go 'we're getting rid of this policy because it enables domestic violence without any substantial benefit to balance it out....but only for some people! the rest of you can just deal with it' - but you really need to talk to someone at a legal aid office either way.

If your partner has said 'I don't want to marry you or have children with you *and* I don't want you here anymore, I'm not going to provide for your basic needs, get out' after you landed but prior to you moving out, you might be able to argue neglect, but in the absence of something like that....well, again, you really need to talk to an immigration lawyer.

Actually, it is not confirmed that the liberal government is removing conditional 51. Just because the liberal "may" remove conditional 51 doesn't mean that the law doesn't apply to them anymore. The OP is still subject to the rules / conditions of conditional 51.

Take for example: The liberals plan to decriminalize marijuana. All kinds of stores opened up to sell weed in Toronto shortly after the federal election. They thought the law doesn't apply anymore since the liberal government plan to do away with it. They all got busted since marijuana is still illegal.

 

[potential_resident]

Hi everyone,

Thank you all so much for your help, I meet with a lawyer soon.

Let's say the immigration does not accept my documentation and they reject my appeal and issue a removal order. Will this prevent me from finding work overseas or prevent me from travelling as my passport has this removal order on it ? In other words, is a removal order the same as a criminal offence ? Will this have bearing on me in some way or the other ?

Thank you

 

[CDNPR2014]

Hi everyone,

Thank you all so much for your help, I meet with a lawyer soon.

Let's say the immigration does not accept my documentation and they reject my appeal and issue a removal order. Will this prevent me from finding work overseas or prevent me from travelling as my passport has this removal order on it ? In other words, is a removal order the same as a criminal offence ? Will this have bearing on me in some way or the other ?

Thank you

a removal order/revocation of PR is an immigration issue, not a criminal issue. you should not see a criminal record because of being removed from canada by immigration. whether this affects your ability to work in other countries, that is dependent on that country's application process and whether they give weight to deportations in other countries. it may or may not trigger another country to scrutinize your application further. the only way to find out for sure is to apply to work in another country and see what happens.

assuming you leave canada on your own or adhere to whatever orders immigration gives you, i don't see how it would affect you moving on with life somewhere else.

 

[canuck_in_uk]

Let's say the immigration does not accept my documentation and they reject my appeal and issue a removal order. Will this prevent me from finding work overseas or prevent me from travelling as my passport has this removal order on it ? In other words, is a removal order the same as a criminal offence ? Will this have bearing on me in some way or the other ?

There is a big difference between being removed from Canada and just being told to leave Canada.

If IRCC revokes your PR status, they will tell you to leave Canada. If you comply, then that's the end of it. However, if they tell you to leave and you don't, you will find yourself subject to a deportation order and if they catch you, you will be removed from Canada. Though not a criminal offence, it could cause problems for future travel to other countries, as you will need to declare in visa applications that you were deported from Canada.

 

[p0ppet]

Actually, it is not confirmed that the liberal government is removing conditional 51. Just because the liberal "may" remove conditional 51 doesn't mean that the law doesn't apply to them anymore. The OP is still subject to the rules / conditions of conditional 51.

Take for example: The liberals plan to decriminalize marijuana. All kinds of stores opened up to sell weed in Toronto shortly after the federal election. They thought the law doesn't apply anymore since the liberal government plan to do away with it. They all got busted since marijuana is still illegal.

It...kinda has been confirmed, though? More than once?

Mccallum literally said 'we're getting rid of it because it enables DV' back in April, and more recently at a consultation at the beginning of August he said that it's now going through the regulatory process.

And, uh, I think you may have misread some of what i posted? :S I didn't say 'p_r has no reason to worry, everything's fine and the law is literally gone right now!' I said 'there's a chance IRCC won't pursue a removal order (because all government agencies prioritize to some degree and going after non-fraud CPR violations may be low on their list of priorities right now) but you should really talk to a lawyer.'

 

[screech339]

It...kinda has been confirmed, though? More than once?

Mccallum literally said 'we're getting rid of it because it enables DV' back in April, and more recently at a consultation at the beginning of August he said that it's now going through the regulatory process.

And, uh, I think you may have misread some of what i posted? :S I didn't say 'p_r has no reason to worry, everything's fine and the law is literally gone right now!' I said 'there's a chance IRCC won't pursue a removal order (because all government agencies prioritize to some degree and going after non-fraud CPR violations may be low on their list of priorities right now) but you should really talk to a lawyer.'

These are twitter posts made by third parties. Not from McCallum himself. So it is all hearsay. These twitter posts are not confirmation of getting rid of conditional 51.

Besides there was a lot of promises made during champaign to get elected, most of which were broken already. So I see it to believe it until they actually go through with it. Until then the conditional 51 stays.

In the meantime, the current rules as of now dictates that conditional 51 still applies now under which the OP is under. Right now the lawyer will tell the OP the same thing we are saying. Sponsor dies or show proof of abuse to remove conditional 51 despite possibility that conditional 51 will be removed in the future. The lawyer will not tell the OP to "not to worry, the liberals are getting rid of it so the law don't apply to you anymore".

 

[CDNPR2014]

These are twitter posts made by third parties. Not from McCallum himself. So it is all hearsay. These twitter posts are not confirmation of getting rid of conditional 51.

Besides there was a lot of promises made during champaign to get elected, most of which were broken already. So I see it to believe it until they actually go through with it. Until then the conditional 51 stays.

exactly. just because it's being said, doesn't mean it will actually happen. politicians can't just wave a wand and make an immigration rule go away. there is a reason it was put into place, whether people agree with it or not. i'd imagine there is a process to undoing certain things. more than likely we are not going to see it removed for some time, applicants need to apply understanding the rule most likely WILL apply to them, and those currently with the condition need to abide by the rule until CIC says otherwise...

on a side note, my condition is up next week (yippeee!!!). technically, does it end ON the anniversary date of my landing or the day after? meaning - does it end at the start of the day or at the end? this is more of a curiosity sort of thing, as i have no intentions of leaving my life here...

 

[keesio]

Besides there was a lot of promises made during champaign to get elected, most of which were broken already.

Are you telling me that politicians sometimes say things but don't follow through on them?? That they will say things just to get votes??

<kidding>