Condition 51 Dilemma

[isookvi]

Hi All,

I just learned about condition 51 today. I applied to sponsor my wife in June 2015 and she received her COPR in December. Our visa office was London and we were very happy about how quick and smoothly the whole process went. But after learning about condition 51, I realized that the process getting completed so quickly did not work in our favour.

My situation is that my wife is still in school and has one more year left. When I applied in June, I submitted the application based on the processing times for London which was 28 months at the time so that she would be done by the time she gets her COPR. But since our application got processed so quickly, it has created a very frustrating situation for us. My wife is planning on visiting in April this year and get the PR. She will stay for a month and then she will have to go back as she has school. Once she finishes up her degree she will move here permanently but that will be early next year. But now with this plan of ours, she will be violating condition 51.

Is there any way around this? Is there any way I can request CIC for an exception? I did mention in her sponsorship application about when her degree program is ending.

Please advise as this is causing us a lot of headache.

Thanks

 

[isookvi]

Bump

 

[zardoz]

Hi All,

I just learned about condition 51 today. I applied to sponsor my wife in June 2015 and she received her COPR in December. Our visa office was London and we were very happy about how quick and smoothly the whole process went. But after learning about condition 51, I realized that the process getting completed so quickly did not work in our favour.

My situation is that my wife is still in school and has one more year left. When I applied in June, I submitted the application based on the processing times for London which was 28 months at the time so that she would be done by the time she gets her COPR. But since our application got processed so quickly, it has created a very frustrating situation for us. My wife is planning on visiting in April this year and get the PR. She will stay for a month and then she will have to go back as she has school. Once she finishes up her degree she will move here permanently but that will be early next year. But now with this plan of ours, she will be violating condition 51.

Is there any way around this? Is there any way I can request CIC for an exception? I did mention in her sponsorship application about when her degree program is ending.

Please advise as this is causing us a lot of headache.

Thanks

You can't ask for an exemption on those grounds. Exemptions are clearly defined and optional separation for study purposes is not in the list. All you can do is hope that CIC don't randomly check on you and that nobody reports you to CIC.

 

[Baseballbritt18]

I am in the same boat (I must land by March 2017 but wasn't planning to move until July 2017). Any updates on how your situation worked out?? I plan to start preparing for life in canada (apply for sin, get a driver license, start to move my stuff, etc) but wait about 3 months to officially move.

 

[canuck_in_uk]

I am in the same boat (I must land by March 2017 but wasn't planning to move until July 2017). Any updates on how your situation worked out?? I plan to start preparing for life in canada (apply for sin, get a driver license, start to move my stuff, etc) but wait about 3 months to officially move.

Condition 51 is most likely going to be repealed soon, so don't worry about it.

 

[keesio]

Condition 51 is most likely going to be repealed soon, so don't worry about it.

It will likely be repealed but the big question is when? It may not be as soon as people first predicted.

 

[canuck_in_uk]

It will likely be repealed but the big question is when? It may not be as soon as people first predicted.

http://www.gazette.gc.ca/rp-pr/p1/2016/2016-10-29/html/reg1-eng.php

If approved, the regulatory repeal is anticipated to come into force in spring 2017.