Conditional Permanent Residency

[mojoyugo]

Hi,

My wife recently landed into Canada as a P.R. and I'm in the process of moving my belongings from the US to our home in Canada. I'd like to continue to working for my US employer remotely from Canada on my TN visa. With that being said, to fulfill the requirements of conditional permanent residency of my wife and I living together in Canada, am I allowed to travel to my US employer location for a few days at a time for customer visits, presentations, etc? Will I be violating our conjugal relationship if I were to come into the US office from time to time?

Thanks in advance!

 

[Alurra71]

Hi,

My wife recently landed into Canada as a P.R. and I'm in the process of moving my belongings from the US to our home in Canada. I'd like to continue to working for my US employer remotely from Canada on my TN visa. With that being said, to fulfill the requirements of conditional permanent residency of my wife and I living together in Canada, am I allowed to travel to my US employer location for a few days at a time for customer visits, presentations, etc? Will I be violating our conjugal relationship if I were to come into the US office from time to time?

Thanks in advance!

As long as it's only a few days and related to work it should be fine. It is when you stay longer in the US than with your spouse in Canada that it could become an issue.

 

[mojoyugo]

Thanks for the response. So it shouldn't be a problem for example if I were to like be home in Canada for 4 days and 3 days at my employer from time to time?

 

[Alurra71]

Thanks for the response. So it shouldn't be a problem for example if I were to like be home in Canada for 4 days and 3 days at my employer from time to time?

If you are talking about every week, that COULD pose a problem for you, but if you are talking occasionally, as in a couple times a year, then no, it shouldn't be a problem.

 

[Millertimez]

How about if both spouses cohibit together in the US for a during of 4 months before returning to Canada. Is that considered violating the Conditional Permanent Residency? Would you need to inform them in case they do a quality assurance audit?

Thanks.

 

[jenny12345]

It is fine.The conditional PR only applies if the person being sponsored leaves the relationship.

 

[Rob_TO]

It is fine.The conditional PR only applies if the person being sponsored leaves the relationship.

According to the rule it applies even if relationship continues, but they are living apart.

How about if both spouses cohibit together in the US for a during of 4 months before returning to Canada. Is that considered violating the Conditional Permanent Residency? Would you need to inform them in case they do a quality assurance audit?

Thanks.

As long as you are cohabiting, it can be anywhere in the world. Doesn't need to be in Canada and no need to inform them.

 

[steerpike]

Thanks for the response. So it shouldn't be a problem for example if I were to like be home in Canada for 4 days and 3 days at my employer from time to time?

No one knows. The way cond 51 is worded its completely up to the discretion of CIC and there is no "safe" amount of time you can be apart. We will have to wait a few years and see how it is used before we will really be able to know. My feeling is, it will only be used in extreme cases where the couple has split up.

 

[Millertimez]

Found this bulletin link on the CIC website which clears things up a bit (posted on June 11, 2014).

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp#sec02.4

2.4 Assessing evidence of compliance of the two-year condition

To maintain their permanent resident status, the sponsored spouse or partner is required to cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident.

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.

A conjugal relationship is interpreted as being a relationship where individuals are interdependent and have a significant degree of attachment — financially, socially, emotionally, and physically — where they share household and related responsibilities, and where they have an exclusive relationship; a mutual and continuing commitment to a shared life together. See OP 2, Section 5.35 and IP 8, Section 5.20 for more information.

The sponsored spouse or partner must provide evidence of their compliance with the condition if an officer requests such evidence because they have reason to believe that the sponsored person is not complying or has not complied with the condition (for example, when a tip is received or a CIC or a CBSA officer has information indicating non-compliance), or if requested as part of a random assessment of the overall level of compliance with the condition by the permanent residents who are or were subject to the condition.

 

[steerpike]

See OP 2, Section 5.35 for more information.

5.35. What is cohabitation?

“Cohabitation” means “living together.” Two people who are cohabiting have combined their affairs and set up their household together in one dwelling. To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year. The continuous nature of the cohabitation is a universal understanding based on case law.


While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short.

The following is a list of indicators about the nature of the household that constitute evidence that a couple in a conjugal relationship is cohabiting:
 Joint bank accounts and/or credit cards;
 Joint ownership of residential property;
 Joint residential leases;
 Joint rental receipts;
 Joint utilities accounts (electricity, gas, telephone);
 Joint management of household expenditures;
 Evidence of joint purchases, especially for household items;
 Correspondence addressed to either or both parties at the same address;
 Important documents of both parties show the same address, e.g., identification documents, driver's licenses, insurance polices, etc.;
 Shared responsibility for household management, household chores, etc.;
 Evidence of children of one or both partners residing with the couple;
 Telephone calls.

These elements may be present in varying degrees and not all are necessary to prove cohabitation. This list is not exhaustive; other evidence may be taken into consideration.

 

[Rob_TO]

Found this bulletin link on the CIC website which clears things up a bit (posted on June 11, 2014).

That reflects what others are saying. Cohabitation is a requirement regardless of relationship being genuine, and cohabitation can be anywhere in the world. What nobody knows yet is how strictly or loosely this rule will actually be enforced, since no actual cases have happened yet.

 

[little_apple]

My border officer told me that it was okay to be apart for a short time once in a while (not on a regular basis).
If one of us has to leave for a longer time, the other partner has to go with him/her to maintain the common-law status for conditional PR

 

[Calgary_Man]

Question for forum members.
So in Conditional PR, is there a restriction on travel?

 

[rhcohen2014]

Question for forum members.
So in Conditional PR, is there a restriction on travel?

no, there is no restriction once the pr card arrives. for those requiring visas to enter canada, and they need to travel prior to receiving their card, they will need to apply for a PR travel document. those who are visa exempt can travel with their passport and COPR before the pr card arrives.

as for pr residency requirements, if a couple travels together, then the time spent out of canada counts toward PR requirements. if the applicant travels alone, the time does not count toward PR requirements.

 

[Jamesdavid3]

Were Human......


Yes its perfectly fine to spend time apart, even weeks is fine.....

The CIC are not even going to know anyway.