Condition 51 Operational Bulletin

[automaton82]

The PR condition 51 operational bulletin was modified on June 11, 2014. Not sure what changed:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp

 

[truesmile]

I'm sure this part is not new, but it should answer a few posts with concerns over physically residing together for two years under Condition 51 (i.e. the applicant wants to work for a few months elsewhere while getting settled). The bulletin refers to:

"the condition of cohabiting in a conjugal relationship with the sponsor during the two-year conditional period"

Notice the key phrase "cohabiting in a conjugal relationship". A couple may be separated due to circumstances (such as work), and still be in a "conjugal relationship". Other (ahem) lawyers here I'm sure will be posting their interpretation.

 

[zardoz]

The PR condition 51 operational bulletin was modified on June 11, 2014. Not sure what changed:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp

Section 8 was updated. A lot of other stuff too.
See https://web.archive.org/web/20140305205957/http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp for the previous version.

 

[Rob_TO]

I'm sure this part is not new, but it should answer a few posts with concerns over physically residing together for two years under Condition 51 (i.e. the applicant wants to work for a few months elsewhere while getting settled). The bulletin refers to:

"the condition of cohabiting in a conjugal relationship with the sponsor during the two-year conditional period"

Notice the key phrase "cohabiting in a conjugal relationship". A couple may be separated due to circumstances (such as work), and still be in a "conjugal relationship". Other (ahem) lawyers here I'm sure will be posting their interpretation.

The rules for conditional PR specifically link to the definition of "cohabiting" from the common-law qualifying rules:

While the regulations require a “continuous” period of two years of cohabitation, from time to time, one or the other partner may leave the home for work or business travel or family obligations. CIC officers should follow existing guidelines when assessing a period of cohabitation where temporary or short separations have occurred. See OP 2, Section 5.35 for more information

So if you can't leave for a couple months at a time and still expect to qualify for common-law, you should expect the same rule of "cohabitation" for conditional PR. Guess we'll see otherwise if/when some actual cases come up of condition 51 being investigated/enforced.

 

[Mrs.Purcy]

So can the person who has being sponsored still be married with the sponsor but had to take a job elsewhere in the country?

 

[Applicant7]

I'm curious about my situation regarding this matter. My partner was granted his COPR on June 27. We will have cohabitated for 2 years come July 12th. We will land August 29th. So, will we be affected by this rule? At date of issue we were under 2, but by date of landing we shall be over that time limit.

Truly, it doesn't really matter as we plan to live together for far more than 2 years, but I can't help but wonder.

 

[Rob_TO]

So can the person who has being sponsored still be married with the sponsor but had to take a job elsewhere in the country?

Technically, no you need to physically live together. Same as taking a job elsewhere in the country for several month when trying to qualify for common-law, would be considered to break the cohabitation.

However what happens in reality is anyone's guess. Perhaps CIC will be very lenient on people who they find to be living apart for an extended time so not technically "cohabiting", but due to a valid reason. I wouldn't want to be one of those investigated though.

I'm curious about my situation regarding this matter. My partner was granted his COPR on June 27. We will have cohabitated for 2 years come July 12th. We will land August 29th. So, will we be affected by this rule? At date of issue we were under 2, but by date of landing we shall be over that time limit.

It goes by your status as of the date you first submitted the application. Just look at the COPR, it will state clearly on it if condition 51 applies to you or not.

 

[Mrs.Purcy]

Technically, no you need to physically live together. Same as taking a job elsewhere in the country for several month when trying to qualify for common-law, would be considered to break the cohabitation.

However what happens in reality is anyone's guess. Perhaps CIC will be very lenient on people who they find to be living apart for an extended time so not technically "cohabiting", but due to a valid reason. I wouldn't want to be one of those investigated though.

It goes by your status as of the date you first submitted the application. Just look at the COPR, it will state clearly on it if condition 51 applies to you or not.

Husband and I were actually talking about a job offer elsewhere in canada but now we are just going to go wherever the job is. Thanks!

 

[automaton82]

The rules for conditional PR specifically link to the definition of "cohabiting" from the common-law qualifying rules:

While the regulations require a “continuous” period of two years of cohabitation, from time to time, one or the other partner may leave the home for work or business travel or family obligations. CIC officers should follow existing guidelines when assessing a period of cohabitation where temporary or short separations have occurred. See OP 2, Section 5.35 for more information

So if you can't leave for a couple months at a time and still expect to qualify for common-law, you should expect the same rule of "cohabitation" for conditional PR. Guess we'll see otherwise if/when some actual cases come up of condition 51 being investigated/enforced.

I honestly think it's mostly common sense. They want people to "be together" for 2 years, as in, they live together. If one person has a job in another country/province, then clearly they won't live together, and would be violating the rule. But if one person goes back to their home country for a month to visit their parents, and then comes back for the rest of the year, I can't believe that wouldn't still count as living together.

In general, people know where their place of residence is, but they may not want to admit it (to themselves even).

I also don't see what the big deal is with condition 51. Is it so hard to ask people to live with their spouse for 2 years? And no, I don't mean "physically together everyday for 730 days without ever taking a second apart", I just mean having your home together and spending the regular amount of time you would spend at home there.