Conditional Permanent Residency

[Canada-Ontario]

Hello All,
My common law partner is going to sponser me for PR application and we have a question about this conditional PR. we are wondering if it applies to our case.

In CIC website it is mentioned:

"The amendments specify that spouses, common-law or conjugal partners who are in a relationship with their sponsor for two years or less and have no children in common with their sponsor at the time of the sponsorship application are subject to a period of conditional permanent residence."

What does "a relationship less than two years" means here? Does it mean being in a common law relationship (living with him as my partner under the same roof for two years)? Or just knowing each other for two years?

I met my partner on 1st Sep 2013. He was my room-mate. We went into the common law relationship on late DEC 2013 and we have being living together as partner since that time. So now I am wondering if I apply on Sep 2015, will I get an conditional PR or a regular PR?

Can anyone help me with this?
Thank you

 

[scylla]

If you moved in together in December 2013 - then you didn't actually become common law until December 14. So yes - conditional PR status would apply to you because you will have been common law for less than 2 years.

 

[Rob_TO]

Do you mean you started living together as a couple in Dec 2013? If so, that would mean you entered the common-law relationship in Dec 2014.

You enter a common-law relationship after living together 1 year. It's not the date you first started living together.

To not get conditional PR, you would need to be officially common-law for 2 years, meaning you had lived together 3 years (1 year qualifying then 2 years of common-law) at the time you submit the application.

 

[Panamai]

I have the same timeline as you and applied in January, so I'll be a conditional PR. It's not a big deal as long as your relationship is genuine and you plan to stay together.

 

[Panamai]

http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp I don't really see anywhere in this link where it says you have to be in a common-law relationship or marriage for two years though. It just says "in a relationship." The only thing the conditional permanent residence means is, in order to keep it, you have to live with your sponsor for another two years minimum after receiving the PR. It's not a big deal at all.

 

[Rob_TO]

I don't really see anywhere in this link where it says you have to be in a common-law relationship or marriage for two years though. It just says "in a relationship."

They are referring to a legally recognized relationship, so either marriage or common-law.

And as you said it shouldn't be a problem to satisfy the conditional PR rules. The only difficulty would be in a situation where 1 partner intends to move for an extended time for school or work, so technically could be seen as no longer cohabiting.

 

[Panamai]

They are referring to a legally recognized relationship, so either marriage or common-law.

Ah, ok. Thanks, Rob!

 

[Canada-Ontario]

Thank you every one,
Scylla: So in the CIC website when they say “in a relationship for two year” They actually mean common law relationship? I mean if two people date for let’s say 1 year and then they move in together and live together for 1 year (to become a common law) then they are not in a relationship for two years?
Panami: Yes, it is not mentioned in the website. My problem is that I am a PhD student (5 year program)currently in my third year. By the time I get my PR I will probably be in my last year. My partner is planning to go into graduate school on Sep 2016. Who knows which university he will get into! He is aiming for Ontario, but there is very low chance that we can live in a same town/city by the time I get the conditional PR. So that’s the reason I am concerned about the conditional PR.

 

[scylla]

Thank you every one,
Scylla: So in the CIC website when they say “in a relationship for two year” They actually mean common law relationship? I mean if two people date for let's say 1 year and then they move in together and live together for 1 year (to become a common law) then they are not in a relationship for two years?

Yes - they mean common law relationship. The first year you live together you are not common law. So after two years of living together you will only have one year of being in a relationship by CIC's definition. You would need to live together for three years in order to meet the "in a relationship for two years" requirement.

 

[Canada-Ontario]

Rob_TO ans Scylla, Thank you for the clarification

 

[Canada-Ontario]

I have another question, after getting the conditional PR, when you will be eligible to apply for citizenship? After 4 years (like the regular PR), or after 6 years (because it takes 2 years to fulfil the conditions of the conditional PR)?

 

[MilesAway]

PR and citizenship are completely different things. The requirement for citizenship will be 4 out of 6 years, whenever they change that law. If he qualifies after 4 years, then he can apply.

 

[Panamai]

PR and citizenship are completely different things. The requirement for citizenship will be 4 out of 6 years, whenever they change that law. If he qualifies after 4 years, then he can apply.

yeah, I don't think the conditional status affects this in any way. It's still a PR either way.