Condition 51 question

[bruneian]

Hi everyone, I have not been around for awhile! I'd gotten my PR back in July 2014, with condition 51. I have a question about the condition. Both me and my husband (sponsor) is still happily in a genuine relationship.

Last week he had gotten a job offer in New Zealand so we are both applying for residence there at the moment. He is leaving to start his job on a work visa there sometime next month so I will still be in Canada sorting things out at our apartment, phone, insurance etc. while waiting for our NZ residence visa. He is a Canadian citizen so I won't lose my PR here. But I'm just worried about condition 51.

We have a rental lease until August this year under both our names. Joint accounts, insurance etc. I am also visiting my family back in Brunei for a month in May. Will this cause a problem at the border? (Since he's in NZ and I'm coming back to Canada)

Oh, and I wouldn't bother with my Canadian PR but.. Since he is a Canadian citizen if we ever chose to come back to Canada then it's better to keep it instead of going through the hassle again.

 

[CDNPR2014]

from what i understand the condition suggests that you and your husband must live together continuously for 2 years. it doesn't matter where in the world that happens, as long as you are both living together. you can still meet your residency obligations if you live with your husband in NZ.

crossing the border by yourself is not going to be an issue (if i'm understanding your concern correctly). cbsa isn't going to care if you are traveling normally without your husband and i highly doubt they are going to question you. i also don't think traveling for a month here or there is going to risk anything either. if you are maintaining residence together while traveling, then your lease agreement will be proof of your cohabitation. i can't see why they would give you issues if you happen to travel separately for a month. it's not like you are planning to be a part for an extended period of time. i would think this would be different if you start traveling for 3-6 months separately, not 1 or 2.

 

[Aquakitty]

How long will you live apart if he's leaving next month? They probably won't know what's up with just your one month trip, I can't see them bothering to look up if he's still in Canada over that. It's possible though, if you do get asked you'll just have to explain why he's overseas.

As long as your passport gets stamped you'll have proof of the 1 month trip.

 

[bruneian]

Oh thanks for your help everyone! I feel better about visiting my family next month now. It is the first time I travel without my husband.

I am not sure for how long we will be in different countries. The residence visa for NZ takes 6-9 months to process, if everything goes well, but my condition 51 here gets lifted in about 2 months after he leaves for his job in NZ. I read somewhere that cohabitation is living together 12 months continuously but after that as long as the separation is not permanent eg. Due to work or visiting family then it's fine?

We moved in together after we got married (June 2013) but I only gotten PR July 2014

 

[canadianwoman]

I read somewhere that cohabitation is living together 12 months continuously but after that as long as the separation is not permanent eg. Due to work or visiting family then it's fine?

The definition of cohabitation you are referring to is the definition CIC uses to determine if a couple is common-law when applying for PR. For Condition 51, this is not the definition they would be using. For Condition 51, the couple is supposed to live together for 2 years. However, what exactly that includes is not yet clear. If a couple has been living together and plans to continue, but are apart for a while because of work, almost certainly CIC will do nothing about this. Probably the only time PR will be revoked is when one partner tells CIC that the relationship is over.

Your situation will almost certainly not cause you any problems.