I came across this

[Graihn]

That wasn't meant as a slight to you, but more in general really. There are many who get agitated with this condition which makes no sense to me.

Haha, I knew it.
I thought after I posted that: "She'll probably think I was offended by that, I wasn't. Should have added a smiley!"

Lol

 

[fandv]

The article states:

"Two year legitimate relationship regulation – Spouses or partners who have been in a relationship for two years of less, and who have no children together, will receive conditional permanent residency. They must prove that they continue to live with their spouse or partner in Canada, in a legitimate relationship, for two years before full permanent residency is received."


My questions:

1. Referring to the "In Canada" phrase in the above quotation ===> So what if soon after the sponsored spouse is granted a PR, the Canadian sponsor is sent abroad (outside Canada) for 2 years or more, for work assignment? Even if the sponsored spouse accompanies the sponsor, would the PR be cancelled, just because they're outside Canada then?!

2. So if the couple has children together, the conditional PR rules don't apply at all?

 

[Avadava]

The article states:

"Two year legitimate relationship regulation – Spouses or partners who have been in a relationship for two years of less, and who have no children together, will receive conditional permanent residency. They must prove that they continue to live with their spouse or partner in Canada, in a legitimate relationship, for two years before full permanent residency is received."


My questions:

1. Referring to the "In Canada" phrase in the above quotation ===> So what if soon after the sponsored spouse is granted a PR, the Canadian sponsor is sent abroad (outside Canada) for 2 years or more, for work assignment? Even if the sponsored spouse accompanies the sponsor, would the PR be cancelled, just because they're outside Canada then?!

2. So if the couple has children together, the conditional PR rules don't apply at all?

I believe if the Canadian spouse is living with the PR outside Canada for work assignment, then this period should count. The words "in Canada" are used because in my opinion it is implied that a person seeking PR in Canada does so because they would want to live there. For example, my husband and I have been married for almost 5 years and all this time we have lived outside Canada. He could have sponsored me a long time ago, but we were't ready to move to Canada then.

And yes, if the couple has children, then condition 51 doesn't apply, because it is assumed that the relationship is serious. Although, in my opinion, people would do a lot of things, including bringing a child into this world, just for immigration purposes and not necessarily out of love and commitment.

 

[screech339]

And yes, if the couple has children, then condition 51 doesn't apply, because it is assumed that the relationship is serious. Although, in my opinion, people would do a lot of things, including bringing a child into this world, just for immigration purposes and not necessarily out of love and commitment.

I am curious here. Will the condition 51 still applies if the couple had a child during the PR sponsorship before landing or is the condition is given based on locked down of no children at time of application submitted date?

Thinking similarly to the age lock down for children being sponsored once application has been received.

Screech339

 

[Avadava]

I am curious here. Will the condition 51 still applies if the couple had a child during the PR sponsorship before landing or is the condition is given based on locked down of no children at time of application submitted date?

Thinking similarly to the age lock down for children being sponsored once application has been received.

Screech339

In my opinion, I think a child changes everything, no matter if the child is born during PR application. So condition 51 wouldn't apply in that case.

 

[screech339]

In my opinion, I think a child changes everything, no matter if the child is born during PR application. So condition 51 wouldn't apply in that case.

I believe it would remove the condition if the child was born before PR landed. However the condition will still exist if a child was born after the PR landed. Having a child after PR landed, doesn't remove the condition.

Screech339

 

[zardoz]

I'm almost 100% sure it's your status on the day the application is received by CIC that matters, not what happens during processing. So, no child on that date = potential for Condition 51.

 

[screech339]

I'm almost 100% sure it's your status on the day the application is received by CIC that matters, not what happens during processing. So, no child on that date = potential for Condition 51.

I am leaning towards to your posting. The status of the applicant at time of application submitted is what determines the condition or not. I would like to know of anybody that submitted the application that would have gotten conditional PR but in the end didn't get conditional on account of child being born before PR landed.

Screech339

 

[Step]

I'm almost 100% sure it's your status on the day the application is received by CIC that matters, not what happens during processing. So, no child on that date = potential for Condition 51.

I believe you are right Zardoz. Most everything else in application works that way.
As of the day received by CIC.

 

[Avadava]

Yes, actually it seems that the status gets locked in.

"Citizenship and Immigration Canada (CIC) has introduced amendments to the Immigration and Refugee Protection Regulations (the Regulations) which apply to spouses, common-law or conjugal partners in a relationship of two years or less with their sponsor and who have no children in common with their sponsor at the time they submit their sponsorship application. "

Disregard what I said earlier.

 

[fandv]

By the way: let's say today a sponsored spouse is granted (conditional) PR. So exactly 2 years later, the CIC will send the couple a letter, requesting for proofs/evidence (such as photos, joint accounts, written testimonials from relatives, etc) to prove that they've still been together after 2 years then?
And if the CIC is satisfied with those proofs, then the sponsored spouse will eventually receive full PR?

 

[screech339]

By the way: let's say today a sponsored spouse is granted PR. So exactly 2 years later, the CIC will send the couple a letter, requesting for proofs/evidence (such as photos, joint accounts, written testimonials from relatives, etc) to prove that they've still been together after 2 years then?
And if the CIC is satisfied with those proofs, then the sponsored spouse will eventually receive full PR?

To be honest, I am not even sure how CIC will go about removing the conditional PR. Does it automatically default to full PR after 2 years? Or does the PR and sponsor must set up / go to appointment for interview for verification before condition is removed.

Does anyone have any CIC news release or links as to how one gain full PR after conditional PR?

Screech339

 

[zardoz]

See the link I posted earlier, where it states

Note: All cases with conditional permanent residence must be input into GCMS in order to allow for the automatic tracking and removal of the condition upon completion of the two-year conditional period.

 

[Alurra71]

If they did it like the US does, then at at roughly 2 years and 8 months, both parties would sign a document/declaration that they are indeed still together and send it into the appropriate office and then the condition is removed and full PR status is granted.

Somehow, I seriously doubt this is how they will go about this, since they gave me absolutely no idea what I was supposed to do, if anything, when I landed at the end of December.

 

[sing_tao]

hi all, have a situation here

wife got PR 1 week ago, she is in Hong Kong
planning to come in May
after she land in May , she is planning to go back to HK before July , the reason is because

We have planned our wedding (official one that invite relatives and all friends) in dec
she is going back to HK first to take care the stuff and i will be back in Nov helping her for the wedding
after our wedding in Dec, she will be back and we will live tgt in canada

question
under the new conditional PR rule from 2 yrs ago, saying that the new PR has to stay wif their spouse for 2 years TOGETHER in canada, am i breaking the rule ?
will CIC deny her PR status after 2 years because she went back in the first 6 months ?