Does my PR status has conditional rule ?

[Harwood]

Hey guys,

i need a good advice from you guys. I am married to my husband last January 20, 2013 and just recently got landed last January 21, 2016. My husband and I submitted our application lat January 18, 2014 almost a year after we got married. We have a good relationship with my partner since we got married in short our marriage is not a fraud nor marriage for convenience. We still living the same address and own a place in small town but since i got my residency I decided to moved to Vancouver and look for better job. In short, we only see each other like once/twice a week as he travel as well due to his work.

We have planned to settle in Vancouver soon but things changed fast and turned out for a big fight, threatening over the phone, yelling etc. I don't need this kind of sh***. until it reaches to the point of divorce plan.

He threats me that he will call CIC and waive or cancel my PR
He told me that he will sue me, what would be my violation or case?

Questions:

1.)Is my PR have conditional status?
2.) I checked my CoPR, there was only one condition which is number 32: which i believe related on my health issue before that needs follow up.
3.) Under my Personal Details on my CoPR, there is undertaking of 36 months- what does this mean?
4.) if i file a divorce, can i be deported of not staying longer to our marriage?

Thank you ..

 

[canadianwoman]

If you have a conditional PR, it will say 'Condition 51 somewhere on your COPR or PR card. If it does say Condition 51, then you and your husband have to live together for two years after you landed. You would already be in breach of this condition, probably, thought each case is different and no one can be sure how CIC would view it. If you file for divorce, then you certainly will be in breach of the condition, and the government could take away your PR status.

However, it sounds like you don't have Condition 51. Therefore even if you leave your husband now, and file for divorce, you can still remain a PR. Your husband could claim to CIC that you only married him to immigrate to Canada, but he would need proof of this, and in general CIC does not do much to investigate such cases.

 

[Harwood]

Thank you for the reply

 

[Ponga]

Questions:

1.)Is my PR have conditional status?
2.) I checked my CoPR, there was only one condition which is number 32: which i believe related on my health issue before that needs follow up.
3.) Under my Personal Details on my CoPR, there is undertaking of 36 months- what does this mean?
4.) if i file a divorce, can i be deported of not staying longer to our marriage?

Thank you ..

2. If that's the only condition listed, you do not have it.
3. It means that he is financially responsible for you for 36 months after the date that you landed.
4. No.

 

[profiler]

Even if you had a Condition 51 on your COPR, if you seek counselling or therapy for the behaviour, they can help you to compile evidence to have the CIC waive the condition.

 

[canuck_in_uk]

Even if you had a Condition 51 on your COPR, if you seek counselling or therapy for the behaviour, they can help you to compile evidence to have the CIC waive the condition.

IRCC only waives the condition when there is solid evidence of abuse/neglect, such as police reports, medical reports of abuse etc. OP's situation would not qualify for an exemption.

 

[Harwood]

2. If that's the only condition listed, you do not have it.
3. It means that he is financially responsible for you for 36 months after the date that you landed.
4. No.

Ponga,

Thank you for these advices. At first, I assumed our marriage is a conditional due to the fact that were considered that we don't have kids and our application submitted after October 2012 law/rule.

 

[profiler]

IRCC only waives the condition when there is solid evidence of abuse/neglect, such as police reports, medical reports of abuse etc. OP's situation would not qualify for an exemption.

I made the recommendation to have the OP start the collection of said evidence...

 

[Ponga]

Ponga,

Thank you for these advices. At first, I assumed our marriage is a conditional due to the fact that were considered that we don't have kids and our application submitted after October 2012 law/rule.

Not everyone that applied after Oct 2012 has Condition 51. Only those that were either married, or deemed to be Common-Law for 2 years or less, on the day that CIC received the application for sponsorship.

Looking back at your original post...you should have received Conditional PR, because you applied less than one year after getting married. It looks like CIC made a mistake.

 

[Harwood]

Not everyone that applied after Oct 2012 has Condition 51. Only those that were either married, or deemed to be Common-Law for 2 years or less, on the day that CIC received the application for sponsorship.

Looking back at your original post...you should have received Conditional PR, because you applied less than one year after getting married. It looks like CIC made a mistake.

I don't know how CIC works about the conditional but we've been married since January 2013 and we were in 3 years and one day to be exact in our marriage when i got landed. I heard once the couple cohibit for 2 years or more the conditional is no longer be issued when you get landed.

 

[Harwood]

Even if you had a Condition 51 on your COPR, if you seek counselling or therapy for the behaviour, they can help you to compile evidence to have the CIC waive the condition.

thank you.

 

[Ponga]

I don't know how CIC works about the conditional but we've been married since January 2013 and we were in 3 years and one day to be exact in our marriage when i got landed. I heard once the couple cohibit for 2 years or more the conditional is no longer be issued when you get landed.

It's the day that CIC received your application that matters, not the day that you landed.

For a couple that has been married for less than two years, on the day that CIC receives the application, they should have Condition 51.

Yes, after two years from the date of landing, the condition simply disappears. Since it looks like you were supposed to have this, it would have been removed on 21 Jan 2018, but...it looks like you were lucky.

 

[Harwood]

It's the day that CIC received your application that matters, not the day that you landed.

For a couple that has been married for less than two years, on the day that CIC receives the application, they should have Condition 51.

Yes, after two years from the date of landing, the condition simply disappears. Since it looks like you were supposed to have this, it would have been removed on 21 Jan 2018, but...it looks like you were lucky.

So, What does it mean? Do you think should i worry something if i divorce my partner? thank you

 

[Ponga]

So, What does it mean? Do you think should i worry something if i divorce my partner? thank you

If your COPR doesn't show Condition: 51, you have nothing to worry about.

 

[Harwood]

If your COPR doesn't show Condition: 51, you have nothing to worry about.

It makes sense. Thank you!