Conditional Permanent Residency

[Crawley007]

Hey all. Assuming the new government does not do away with Conditional Residency before the new year... I was wondering about the wording of the paragraph describing who Conditional Residency applies to.

So the website says...

"No, if you have been in a relationship with your sponsor for more than two years."

First off, as someone applying through spousal sponsorship, does this mean MARRIED for two years or just in a relationship? If we can prove we've been in a relationship for more than two years, does that count?

Secondly, if the answer is "yes" to the latter, would 2.5 years be considered "over 2 years" or would it have to be 3?

 

[Aquakitty]

Hey all. Assuming the new government does not do away with Conditional Residency before the new year... I was wondering about the wording of the paragraph describing who Conditional Residency applies to.

So the website says...

"No, if you have been in a relationship with your sponsor for more than two years."

First off, as someone applying through spousal sponsorship, does this mean MARRIED for two years or just in a relationship? If we can prove we've been in a relationship for more than two years, does that count?

Secondly, if the answer is "yes" to the latter, would 2.5 years be considered "over 2 years" or would it have to be 3?

It's supposed to be if your relationship is over 2 years (2 years 1 day is still over 2 years), they use the terminology "2 years or less". I am not sure if just being b/f g/f would count, but common-law should.

See below.

However, we received this silly Condition 51 and we've lived together for 9 years, married for just under 2 at the time. I thought they were being very strict since our app got to them a couple weeks before our 2nd wedding anniversary, however apparently they just made a mistake. I didn't want to send back our COPR to get it fixed. I was too happy to care.

So, show as much proof as you can, though the condition is really not an issue at all if you are in a good relationship. It just annoys me

 

[Rob_TO]

It's 2 years of official status... so 2 years of being married or 2 years of being common-law (time spent dating or living together during the 1st qualifying year would not count). Or it's 2 years of being in a conjugal relationship, but only for conjugal applications.
Time spent dating does not count.

Read here: http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp#sec02.3
Condition does not apply

If the CIC officer approves the permanent resident application and the person has been the spouse, common-law or conjugal partner of the sponsor for more than two years or they have children in common at the time of the sponsorship application, the permanent resident is not subject to the condition.

For examples, see the chart below.

Condition applies if the couple does not have any children in common and
-has been married for two years or less;
-dated for four years, but has been married for two years or less;
-has been in a conjugal relationship for two years or less;
-has cohabited in a common-law Footnote 1 relationship for two years or less; or
-has been in a common-law or conjugal relationship for more than two years and has been married for less than two years, and the person submitted an application as a spouse.

Condition does not apply if the couple
-has been married for more than two years;
-has been in a conjugal relationship for more than two years and the person submitted an application as a conjugal partner;
-has cohabited in a common-law relationship for more than two years and the person submitted an application as a common-law partner; or
-has children in common.

 

[Rob_TO]

However, we received this silly Condition 51 and we've lived together for 9 years, married for just under 2 at the time. I thought they were being very strict since our app got to them a couple weeks before our 2nd wedding anniversary, however apparently they just made a mistake. I didn't want to send back our COPR to get it fixed. I was too happy to care.

Actually upon reading the rules carefully, they didn't make a mistake. Time spent as a common-law couple only counts to avoid conditional PR, if you are applying as a common-law couple. If you are applying as married couple the ONLY thing that matters is if you've been married more or less than 2 years when the app is submitted.

Condition applies if the couple does not have any children in common and
-has been in a common-law or conjugal relationship for more than two years and has been married for less than two years, and the person submitted an application as a spouse.

 

[Aquakitty]

Actually upon reading the rules carefully, they didn't make a mistake. Time spent as a common-law couple only counts to avoid conditional PR, if you are applying as a common-law couple. If you are applying as married couple the ONLY thing that matters is if you've been married more or less than 2 years when the app is submitted.

Condition applies if the couple does not have any children in common and
-has been in a common-law or conjugal relationship for more than two years and has been married for less than two years, and the person submitted an application as a spouse.

That's what I thought too, but someone on here said that was a mistake. What you listed clearly shows that was not the case. That rule is still beyond silly, but I assume it saves them work looking at proof of the common-law relationship beforehand.

I feel better about it now though!

 

[Rob_TO]

That's what I thought too, but someone on here said that was a mistake. What you listed clearly shows that was not the case. That rule is still beyond silly, but I assume it saves them work looking at proof of the common-law relationship beforehand.

I feel better about it now though!

Who knows it may have been me, as I actually used to think that spending 2 years a a common-law couple would then exempt you from conditional PR despite if you apply as married or not. This just made more common sense.

So the rule is if you spend 2 years as a common-law couple, then apply for PR as common-law, you are exempt from condition 51.
But if you spend 2 years as a common-law couple, then get married and apply for PR as married, you have conditional 51 given to you.

Agreed... very silly rule.

 

[Gemini020]

mm I guess based on this, I will have the conditional PR. I haven't looked into it yet first of all because I thought we would get it but also because I fully expect us living together for much longer than two years and otherwise I'll go back home. However, now I'm a little worried what is and isn't allowed. Obviously we will be living together and I assume some nights apart (for his business trips) isn't a problem. However, what about if I go back home for a holiday for let's say a month? (alone) any other advice/information considering the condition 51 is always welcome

 

[MilesAway]

I imagine that would be okay. I don't think that CIC has the resources to check up on every couple that applies, so the general consensus is that CIC will only investigate couples where the sponsor (or someone) has reported the breakdown of the relationship.

 

[shortyp2000]

My hibby and I got condition 51, and we have been married 5 years and have 2 children together. Weird. But its not a hinderance to us as we plan on being together for the rest of our lives, I just thought we wouldnt have that condition. Oh well.

 

[Rob_TO]

I imagine that would be okay. I don't think that CIC has the resources to check up on every couple that applies, so the general consensus is that CIC will only investigate couples where the sponsor (or someone) has reported the breakdown of the relationship.

I wouldn't say there is no chance if sponsor doesn't report it. In some fraudulent relationships the sponsor is being paid to sponsor and is in on the scam, so wouldn't report it. CIC will be doing random checks of people. Also CBSA can report non-compliance of Condition 51 if they see a conditional PR returning to Canada after a long absence without their sponsor.

Though I think the majority of cases will be reported breakups.

My hibby and I got condition 51, and we have been married 5 years and have 2 children together. Weird. But its not a hinderance to us as we plan on being together for the rest of our lives, I just thought we wouldnt have that condition. Oh well.

Now that is definitely a mistake on CIC's part.

 

[zardoz]

There appears to have been an update to the relevant Operational Bulletin. May be worth taking a look. http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp

 

[JamesinCanada]

mm I guess based on this, I will have the conditional PR. I haven't looked into it yet first of all because I thought we would get it but also because I fully expect us living together for much longer than two years and otherwise I'll go back home. However, now I'm a little worried what is and isn't allowed. Obviously we will be living together and I assume some nights apart (for his business trips) isn't a problem. However, what about if I go back home for a holiday for let's say a month? (alone) any other advice/information considering the condition 51 is always welcome

I just read up on this because I am probably also going to be in this group since we applied for PR only a few months after our marriage. It appears that there are no differences other than one: you have to live with your sponser for 2 years after your conditional PR is given to you. If you break up or anything you'll lose your PR status and could be removed from Canada. There appear to be special cases where you'll be okay, such as in the death of a sponser or in cases where a sponsee had to leave due to abuse.

I think this is a very easy thing for anyone in a genuine relationship, so everyone not trying to pull one over has nothing at all to fear!

 

[zardoz]

Sometimes CIC screws up and incorrectly applies Condition 51 to an application, as they did in my case, even though we had been married for eight years when we applied. In cases like that, you are perfectly within your rights to get them to remove the condition.

 

[Gemini020]

Ya I was one of the people against canceling the condition, if you're in a genuine relationship it doesn't change anything (special cases aside) However no I'm worried about the trips back home I'll partly be taking on my own as my boyfriend will have to work. I'll have to fly home so everything is on record. Are there any rules on this or is everyone using "common sense"? I would say I'll go back once a year for a month maybe.

 

[MilesAway]

It's CIC. Does anyone actually understand what they're doing? (CIC included!) There is always the chance that they could randomly check up on couples. Just like they can do random interviews for "quality control". The majority of the checks will be for cases where CIC or CBSA gets a tip from someone.

We do not have Condition 51, even though we should. It's not an issue for us. We spent 3 weeks apart when she went home to help her mom, then I went back to join her. I really don't see what the huff is with the condition. (Not at anyone in particular) You married your partner to be with them for the rest of your life, so why would living with them for 2 years be an issue?

Going home for a month should be fine. As long as you can prove that your relationship is continuing, I don't think CIC will have an issue. This is my opinion though.