Conditional PR Question

[bchung]

Hi,

I am new to the forum, so I will get straight to the point. We received the Conditional PR notification within 3 months of the application (which to me seems like a new record). However, my wife (of 6 months) (who lives over seas currently) has a contract with the company that expires in 2015 July. Right now, the pay is really good, so she wants to finish the contract since it will help her find a job here. However, currently the Landing Visa expires in 2014 June. I am currently employed and don't want to quit my job just to meet the requirements since it is hard finding a job in Toronto with the current economy.

However, if I was forced to move to China for 1 year, how would CIC or immigration even know I am living with her during that 1 year period?

Also, any advice on how to get through this would also help.

 

[zardoz]

Who sponsored who? Could you provide some more info about your Timeline up to now and what you would like it to be from here on. What exactly are you asking for comments on?

 

[Rob_TO]

Let me see if i can interpret.

You are sponsoring your wife for PR, and she was approved and now has visa/COPR. The expiry date on COPR is June 2014. However she wants to stay in China until her contract expires in 2015, while you stay in Toronto during the entire time.

Assuming that's right....

First off, she will need to officially "land" in Canada before the COPR expires. So she'll need to make a trip here at least once to land and become an official PR. She could then go back to China to continue working. When her PR card arrives in the mail, you could deliver it to her in China.

In terms of living apart and satisfying the conditional status of PR, I wouldn't worry about it. Conditional PR was created for people that actually separate or get divorced during the 2-yr conditional period. If you guys are still a couple yet your wife is working in China and you here... I don't think CIC will do anything. They will most likely only be investigating cases where a sponsor reports a relationship ended and wants to cancel the applicant's PR.

 

[bchung]

FYI, I am a canadian Citizen sponsoring her. And Rob_TO is correct in the interpretation.

So just to clarify, they will not immediately revoke the PR once she leaves after she landed to get the PR card? And I don't have to quit my job to live over there for 1 year?

 

[maverick.dexter]

FYI, I am a canadian Citizen. And Rob_TO is correct in the interpretation.

So just to clarify, they will not immediately revoke the PR once she leaves after she landed to get the PR card? And I don't have to quit my job to live over there for 1 year?

In the one years time when you will be apart (till 2015)...I assume you will make atleast 1/2 trips to meet each other...you can keep proof of the visits tickets etc...also you would be communicating thru phone/email/web chat...you can also keep a record of the above just to be safe...

 

[truesmile]

To renew PR you don't need to gather all that being together stuff all over gain. Once you have 'landed' and get PR, you simply need to remain in Canada for two years out of five, entry and exit stamps will be sufficient.

 

[bchung]

So basically, they will need immediately evaluate the case? I will have 2 years to prove my marriage is not a fraud?

 

[bchung]

Hi Truesmile, I am not worried about the renewal at the moment. I am more concerned about them revoking the PR, once she leaves to finish her contract.

 

[can_4visa]

You need to stay together in case of COPR, and norms for PR are different.

 

[can_4visa]

To renew PR you don't need to gather all that being together stuff all over gain. Once you have 'landed' and get PR, you simply need to remain in Canada for two years out of five, entry and exit stamps will be sufficient.

That's not gonna work in case of COPR.

 

[bchung]

To address Zardos' request:

I am currently a Canadian citizen living in Canada. Worked for over 9 years. I met my wife a little over 5 years ago, and have maintained a long distance relationship. We recently got married in Ontario on Dec 8 2012. Shortly after, around March 2013, we applied for the PR. Since we figured it would take about 2 years for everything to finish, She signed a contract to a company that paid fairly well, in Shanghai, China. She got the medical request around early May and submitted it afterwards. In early June, she got a notification to send her passport to the office. In Late June, she got it back with a VISA for the PR that expires in June 2014, and a notification that it was a Conditional PR.

She wants to finish her contract which ends in June 2015, but the conditional PR states we need to be cohabitant. So my concern was that I would need to quit my job in Canada, in order to move over there to meet the conditions. However, I didn't understand how that works since the CIC officer wouldn't be able to evaluate us properly during that time.

 

[bchung]

Hi can_4visa,

Is there any advice you can give on this situation, I am actually losing sleep over this now. Since it may be a big change in my life to relocate.

 

[maverick.dexter]

To address Zardos' request:

I am currently a Canadian citizen living in Canada. Worked for over 9 years. I met my wife a little over 5 years ago, and have maintained a long distance relationship. We recently got married in Ontario on Dec 8 2012. Shortly after, around March 2013, we applied for the PR. Since we figured it would take about 2 years for everything to finish, She signed a contract to a company that paid fairly well, in Shanghai, China. She got the medical request around early May and submitted it afterwards. In early June, she got a notification to send her passport to the office. In Late June, she got it back with a VISA for the PR that expires in June 2014, and a notification that it was a Conditional PR.

She wants to finish her contract which ends in June 2015, but the conditional PR states we need to be cohabitant. So my concern was that I would need to quit my job in Canada, in order to move over there to meet the conditions. However, I didn't understand how that works since the CIC officer wouldn't be able to evaluate us properly during that time.

I think you should consult with a lawyer about the conditional PR. Since this is fairly new, I doubt if anybody can give you accurate advice. Good luck!

 

[bchung]

Hi Maverik,

I am currently trying to find the right lawyer in Toronto. However, the ones I have found only specialize in Applications, not the Conditional PR part.

 

[maverick.dexter]

Hi Maverik,

I am currently trying to find the right lawyer in Toronto. However, the ones I have found only specialize in Applications, not the Conditional PR part.

How about immigration consultants? Did you try them?