How Does Conditional PR Affect Me?

[Cheeseburger]

So I see this rule for conditional permanent residency where you must live with your partner in Canada for two years after being accepted. This apparently applies to those not in a legitimate relationship for over 2 years. My question is how does this affect us?

We first began our relationship online in November of 2010. And we first met in person in April of 2011. We were married in Canada in February of 2013. And we submitted our application in April of 2014 and just today our application has moved to step 2.

Does this rule apply to us? If so, is it an additional 2 years after our sponsorship is accepted? Or two years from the date we were married or some other date? Also if this rule does apply, does this mean I cannot travel to the US during those 2 years? What limitations are there?

If anyone can clarify this rule I would greatly appreciate it.

 

[chakrab]

the rule applies to you. you need to have been married for 2 years before you filed the application and the 2 years will start from the day of landing. you need to have the same residential address as your spouse. of course you can travel and go to vacation, but mustn't live separately from your spouse.

 

[QuebecOkie]

It will likely apply to you (it's not clear if CIC is counting only the duration of the marriage, or of the entire relationship). It just means you have to live together as a married couple for at least two years following the date when you become a PR. You can travel freely, separately or together. You just need to live together at a single address, and if your relationship were to fail prior to the end of that first two years, your PR status *may* be in danger (still too early to know how strictly and with what methods CIC will enforce the condition). As long as you're in a real marriage, and you share a household, there's nothing to worry about.

 

[Cheeseburger]

Okay two questions. How does this 2 year requirement work in relation to the PR requirement of living in Canada for 2 out of 5 years? Does this new rule mean I would have to live in Canada for 2 years, and then another 2 out of 5 years. So 4/7 years?

Also, I currently do not have employment lined up in Canada. I was hoping when our sponsorship is accepted that if I didn't have work lined up yet that I would continue at my current employment in the US for a couple months while I looked for work in Canada. People had said that after being accepted, I could go to Canada for "landing" and then return to the US to work for a few months before leaving my current employer and moving to Canada permanently. Does this rule mean I will not be able to do this and I will in fact have to quit my job the day our sponsorship is accepted?

 

[chakrab]

Okay two questions. How does this 2 year requirement work in relation to the PR requirement of living in Canada for 2 out of 5 years? Does this new rule mean I would have to live in Canada for 2 years, and then another 2 out of 5 years. So 4/7 years?

Also, I currently do not have employment lined up in Canada. I was hoping when our sponsorship is accepted that if I didn't have work lined up yet that I would continue at my current employment in the US for a couple months while I looked for work in Canada. People had said that after being accepted, I could go to Canada for "landing" and then return to the US to work for a few months before leaving my current employer and moving to Canada permanently. Does this rule mean I will not be able to do this and I will in fact have to quit my job the day our sponsorship is accepted?

will your spouse accompany you to US? if not, you will have issues.

now if your spouse is a citizen and accompanies you to US, then even time spend out canada will apply towards the residency timeline.

 

[screech339]

Okay two questions. How does this 2 year requirement work in relation to the PR requirement of living in Canada for 2 out of 5 years? Does this new rule mean I would have to live in Canada for 2 years, and then another 2 out of 5 years. So 4/7 years?

Also, I currently do not have employment lined up in Canada. I was hoping when our sponsorship is accepted that if I didn't have work lined up yet that I would continue at my current employment in the US for a couple months while I looked for work in Canada. People had said that after being accepted, I could go to Canada for "landing" and then return to the US to work for a few months before leaving my current employer and moving to Canada permanently. Does this rule mean I will not be able to do this and I will in fact have to quit my job the day our sponsorship is accepted?

In order for your situation to work out under PR conditional clause, your spouse would have to be a Canadian citizen and can then leave to US with you while you wait for a job in Canada.

However if the spouse is PR or Canadian unwilling to move to US with you, you would be violating the conditional clause in which you are suppose to "live at same address" together for 2 years.

 

[Cheeseburger]

Yes my spouse is a Canadian citizen. It is uncertain if she would be with me during those first few months after being accepted. She has off work for all of September, if it lined up that we were accepted during September then yes she would be with me in the states during that time. But likely our sponsorship will be accepted around next April I would think, give or take a few months. In that case she would be in Canada while I work a few additional months in the states to save up money while I also look for work in Canada.

So basically the day our sponsorship is accepted, I would have to quit my job immediately and go to Canada? I am willing to accept that, the sooner I can be with my wife the better, but it is just that this would unfortunately add quite a deal more pressure to have work lined up for exactly when we are accepted, and that is especially difficult considering I would have to basically tell potential employers I am not sure exactly when I will be accepted and can move there. I figured finding work would be much easier after being accepted. So I was hoping to continue to work in the states for potentially a few months while I find employment.

 

[Cheeseburger]

And how does this 2 years work in relation to the requirement of living in Canada for 2 out of 5 years? Does this conditional requirement mean I have to be in Canada for 2 years, and then an additional 2 out of 5 years? Or do my 2 years to meet the conditional requirement also fulfill the 2 out of 5 years requirement?

In order for your situation to work out under PR conditional clause, your spouse would have to be a Canadian citizen and can then leave to US with you while you wait for a job in Canada.

However if the spouse is PR or Canadian unwilling to move to US with you, you would be violating the conditional clause in which you are suppose to "live at same address" together for 2 years.

 

[chakrab]

And how does this 2 years work in relation to the requirement of living in Canada for 2 out of 5 years? Does this conditional requirement mean I have to be in Canada for 2 years, and then an additional 2 out of 5 years? Or do my 2 years to meet the conditional requirement also fulfill the 2 out of 5 years requirement?

it's included in the PR residency period. so let's say you stay first 2 years in canada. that will make you qualified for PR renewal after 5 years. mind you, PR residency requirement is a rolling 5 years time period. you have to be in canada any 2 years within last 5 years.

 

[taffy7]

When you receive your Papers for PR the date of the PR could be months away. Therefore you don't have to land and return to the U.S. Fingers crossed you have that time to find another job in Canada.

 

[agarand8]

When you receive your Papers for PR the date of the PR could be months away. Therefore you don't have to land and return to the U.S. Fingers crossed you have that time to find another job in Canada.

This. When you are accepted for PR you'll get some sort of landing document that has an 'expire date' and you have until that date to land. It's usually based on when your medical exam was because the medical needs to be valid when you land and it's valid for a year from when CIC receives the results. So you could have 6 months to tie up loose ends, you could have 3 months, you could have 1 month. It all depends on how fast your app is processed after they receive your medical.

Your 2 years of living together won't start until you land in canada as a PR.

I think because you are an American, you will get a request to provide an update photocopy of your passport instead of them requesting your entire passport. When you get this request you should start setting up job interviews and letting your employer know you'll be quitting soon. It'll take a couple of weeks for you to send them the papers and for them to send you your landing document and then you'll have to look at the date on it to know how long you have.

 

[Cheeseburger]

Does anyone know if I will be told officially if this rule applies to me? There seems to be some possibility that even though I haven't been married 2 years, since my relationship is well over 2 years perhaps that will be considered.

 

[Rob_TO]

Does anyone know if I will be told officially if this rule applies to me? There seems to be some possibility that even though I haven't been married 2 years, since my relationship is well over 2 years perhaps that will be considered.

After your PR is approved, it will clearly say on the COPR documents you will get to land with, if the condition applies to you or not.

 

[Zarilenth]

Does anyone know if I will be told officially if this rule applies to me? There seems to be some possibility that even though I haven't been married 2 years, since my relationship is well over 2 years perhaps that will be considered.

I have been in a relationship with my husband since 2009, married since October 2013. No kids, and the conditional PR was on my husbands COPR. Not that it really matters at all, I mean you're going to be with them for 2 years after they land anyway, so what's the big deal?

 

[mikeymyke]

The big deal is, if a person wants to leave their Canadian spouse, they'd have to suck it up for 2 years. Of course I agree, if you're in a legitimate relationship, Condition 51 means absolutely nothing.

What I think the OP should do is continue looking for work while the sponsorship process is happening. Have a plan of what he wants to do. Get his spouse to help him. Even just work a simple job while he's in Canada until he gets one that he wants. There's no shame in doing general labour jobs until you get a job you like.