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Condition 51 - Am I Affected By This Measure ?

Abia

Member
Aug 14, 2015
13
0
Hello Members,

I would like to understand how the conditional permanent residency applies to a person. On cic.gc.ca (Publications and Manuals) page it says the following:

Yes, if your application was received on or after October 25, 2012.

Yes, if you have been in a relationship of two years or less and do not have children in common with your sponsor at the time of your sponsorship application.

No, if you have been in a relationship with your sponsor for more than two years.

No, if you had children in common with your sponsor at the time of your sponsorship application.

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My question is, if a person's spouse sponsorship application submitted to CIC before October 25, 2012 i.e. (September 2012 and has no condition 51 written on his/her COPR) but his/her spousal relationship period was less than two years i.e. (6 months or so plus no kids when he/she submitted his/her sponsorship application to CIC) does that means he/she still fall under the conditional permanent residency status despite having written "NONE" under the heading of Condition on his/her COPR?

Thanks and appreciate your comments.
Abia
 

PMM

VIP Member
Jun 30, 2005
25,494
1,949
Hi


Abia said:
Hello Members,

I would like to understand how the conditional permanent residency applies to a person. On cic.gc.ca (Publications and Manuals) page it says the following:

Yes, if your application was received on or after October 25, 2012.

Yes, if you have been in a relationship of two years or less and do not have children in common with your sponsor at the time of your sponsorship application.

No, if you have been in a relationship with your sponsor for more than two years.

No, if you had children in common with your sponsor at the time of your sponsorship application.

------------------------------------------------------------------------

My question is, if a person's spouse sponsorship application submitted to CIC before October 25, 2012 i.e. (September 2012 and has no condition 51 written on his/her COPR) but his/her spousal relationship period was less than two years i.e. (6 months or so plus no kids when he/she submitted his/her sponsorship application to CIC) does that means he/she still fall under the conditional permanent residency status despite having written "NONE" under the heading of Condition on his/her COPR?

Thanks and appreciate your comments.
Abia
1. You answered your own question, as there NONE under conditions.
 

dpenabill

VIP Member
Apr 2, 2010
6,328
3,086
Abia said:
Hello Members,

I would like to understand how the conditional permanent residency applies to a person. On cic.gc.ca (Publications and Manuals) page it says the following:

Yes, if your application was received on or after October 25, 2012.

Yes, if you have been in a relationship of two years or less and do not have children in common with your sponsor at the time of your sponsorship application.

No, if you have been in a relationship with your sponsor for more than two years.

No, if you had children in common with your sponsor at the time of your sponsorship application.

------------------------------------------------------------------------

My question is, if a person's spouse sponsorship application submitted to CIC before October 25, 2012 i.e. (September 2012 and has no condition 51 written on his/her COPR) but his/her spousal relationship period was less than two years i.e. (6 months or so plus no kids when he/she submitted his/her sponsorship application to CIC) does that means he/she still fall under the conditional permanent residency status despite having written "NONE" under the heading of Condition on his/her COPR?

Thanks and appreciate your comments.
Abia
Not sure what you are asking beyond what is indicated in the CoPR. I mean, no condition means there is no condition, relative to Condition 51 or otherwise.

That is, as PMM posted, the CoPR answers the question.

That said:

If the context for this query is that someone is being threatened, that is told that their PR status is in jeopardy because the relationship broke down less than two years after the date of landing and becoming a PR, any such threat is vacuous unless there was some fraud involved in making the application (relationship not genuine for example).

The difference is that a breakdown in a sponsorship relationship within two years, or the failure to cohabitate for two years, more or less automatically results in a basis for IRCC (formerly CIC) to terminate PR status if Condition 51 applies, whereas a breakdown or cessation of cohabitation within a short time after landing might otherwise have evidentiary weight regarding the genuineness of the relationship during the application process if a claim is made that there was fraud.
 

Abia

Member
Aug 14, 2015
13
0
dpenabill said:
Not sure what you are asking beyond what is indicated in the CoPR. I mean, no condition means there is no condition, relative to Condition 51 or otherwise.

That is, as PMM posted, the CoPR answers the question.

That said:

If the context for this query is that someone is being threatened, that is told that their PR status is in jeopardy because the relationship broke down less than two years after the date of landing and becoming a PR, any such threat is vacuous unless there was some fraud involved in making the application (relationship not genuine for example).

The difference is that a breakdown in a sponsorship relationship within two years, or the failure to cohabitate for two years, more or less automatically results in a basis for IRCC (formerly CIC) to terminate PR status if Condition 51 applies, whereas a breakdown or cessation of cohabitation within a short time after landing might otherwise have evidentiary weight regarding the genuineness of the relationship during the application process if a claim is made that there was fraud.
Appreciate your reply.