I landed as 2-year conditional PR, what if my husband lose his PR?

[supercarp]

Hi everyone, I just have a question about my PR status:
I just landed recently as a two-year conditional PR through the family sponsorship by my husband. But he has to leave canada for 5 months due to some job reasons. If he lose his own PR later, will that affect mine, which will also be revoked as his? Thank you so much for your advice and enlightenment.

 

[keesio]

Your issue is that you are supposed to cohabitate with your husband for 2 years. If he leaves for 5 months and you don't leave with him, then you are technically breaking that rule...

 

[supercarp]

Your issue is that you are supposed to cohabitate with your husband for 2 years. If he leaves for 5 months and you don't leave with him, then you are technically breaking that rule...

I have no problem going with him and live abroad together during the 5 months, but I'm worried if he lose his PR, i will also be affected. Thank you so much again!

 

[keesio]

No - your PR status is separate. If he loses his PR down the road due to being unable to meet his residency obligation, then it will not affect you... as long as you meet your residency obligation and do not violate your 2-year conditional PR requirement.

 

[supercarp]

No - your PR status is separate. If he loses his PR down the road due to being unable to meet his residency obligation, then it will not affect you... as long as you meet your residency obligation and do not violate your 2-year conditional PR requirement.

you mean i can stay with him abroad for 2 years together, and return canada later myself in the following 3 years to keep my PR? (We are a true couple though, not fraud or so whatsoever. it's just my husband has a better professional job outside canada and his citizenship application is still postponed by RQ that he can not wait any longer here. He wishes to switch to a visitor visa to stay with me in canada later.)
Thanks again.

 

[keesio]

you mean i can stay with him abroad for 2 years together, and return canada later in the following 3 years to keep my PR? Thanks.

i'm not sure. I know that when you sponsor someone, CIC expects you to live with that person in Canada when that person becomes PR. That is why part of the sponsor assessment is if the sponsor is established in Canada (and if the sponsor is Canadian and lives abroad, they need to provide proof that they plan on moving back to Canada).

Hopefully someone more knowledgeable can clarify things.

 

[supercarp]

i'm not sure. I know that when you sponsor someone, CIC expects you to live with that person in Canada when that person becomes PR. That is why part of the sponsor assessment is if the sponsor is established in Canada (and if the sponsor is Canadian and lives abroad, they need to provide proof that they plan on moving back to Canada).

Hopefully someone more knowledgeable can clarify things.

Thank you so much for your help again! At the same time I'll try best to persuade my husband to stay here with me permanently. We do love canada, but he does have some problem finding his professional careers here somehow.

 

[ziggy30]

No - your PR status is separate. If he loses his PR down the road due to being unable to meet his residency obligation, then it will not affect you... as long as you meet your residency obligation and do not violate your 2-year conditional PR requirement.

I've never read something as ignorant as that, have you read about condition 51? To be feeding something such trash?!!

 

[ziggy30]

Your issue is that you are supposed to cohabitate with your husband for 2 years. If he leaves for 5 months and you don't leave with him, then you are technically breaking that rule...

The copr says you must live with the person for 2 years except for other circumstances

 

[Alurra71]

I've never read something as ignorant as that, have you read about condition 51? To be feeding something such trash?!!

She has condition 51 on her COPR. She MUST cohabit with her sponsor for the first 2 years. If he leaves the country, that is not cohabiting. She is allowed to leave with him and she will be adhering to the rules set forth by Condition 51. So long as she does not stay outside of Canada, with her spouse, for more than her allowed 1094 days in her first 5 years, she is adhering to the rules.

Now, the question is, have YOU read about condition 51? The ONLY time it does not apply is if the spouse with the condition is being abused, then they MAY be allowed to keep their PR regardless of the condition.

For the OP. If your husband currently has a citizenship application in process and already received and RQ his leaving the country for any amount of time is not going to help his application at all. I would suggest he figure out a way to stay put if he really wants that citizenship.

 

[keesio]

I've never read something as ignorant as that, have you read about condition 51? To be feeding something such trash?!!

Of course I know condition 51. My wife has it. Sounds like I am more familiar with it than you.

 

[supercarp]

She has condition 51 on her COPR. She MUST cohabit with her sponsor for the first 2 years. If he leaves the country, that is not cohabiting. She is allowed to leave with him and she will be adhering to the rules set forth by Condition 51. So long as she does not stay outside of Canada, with her spouse, for more than her allowed 1094 days in her first 5 years, she is adhering to the rules.

Now, the question is, have YOU read about condition 51? The ONLY time it does not apply is if the spouse with the condition is being abused, then they MAY be allowed to keep their PR regardless of the condition.

For the OP. If your husband currently has a citizenship application in process and already received and RQ his leaving the country for any amount of time is not going to help his application at all. I would suggest he figure out a way to stay put if he really wants that citizenship.

I see, thank you so much! that's really a great relief to me. And can we conclude that: either I have to leave with my husband for his job abroad for the first two years, and then come back to keep my own PR in the following three years; or I should not let him go at all, in order to keep both of our PRs and get his citizenship. And there are no other ways to stick to condition 51 for my PR, e.g. I can not let him leave by himself while I work here separately.

 

[supercarp]

The copr says you must live with the person for 2 years except for other circumstances

Of course I know condition 51. My wife has it. Sounds like I am more familiar with it than you.

Please. Keesio is trying to help me, and I really respect all of our friends on this board to generously share their time and knowledge throughout the PR and citizenship applications. Thanks.

 

[keesio]

I see, thank you so much! that's really a great relief to me. And can we conclude that: either I have to leave with my husband for his job abroad for the first two years, and then come back to keep my own PR in the following three years; or I should not let him go at all, in order to keep both of our PRs and get his citizenship. And there are no other ways to stick to condition 51 for my PR, e.g. I can not let him leave by himself while I work here separately.

yes, it sounds like you got it. Once you have lived together with your husband for your first two years as PR, you have fulfilled your Condition 51 obligation. After that, your only other obligation to keep your PR is to make sure you stay at least 730 days in Canada during a 5 year period. It doesn't matter if your husband doesn't meet his RO days, it won't affect yours anymore.

As I mentioned before, one thing I am not positive on is if it is ok for you and your husband to leave Canada (for a long period of time) right after you land. But I think it is ok, as I am not aware of any official rule that requires you and your husband to remain in Canada after you landed.

 

[supercarp]

yes, it sounds like you got it. Once you have lived together with your husband for your first two years as PR, you have fulfilled your Condition 51 obligation. After that, your only other obligation to keep your PR is to make sure you stay at least 730 days in Canada during a 5 year period. It doesn't matter if your husband doesn't meet his RO days, it won't affect yours anymore.

As I mentioned before, one thing I am not positive on is if it is ok for you and your husband to leave Canada (for a long period of time) right after you land. But I think it is ok, as I am not aware of any official rule that requires you and your husband to remain in Canada after you landed.

right, if I leave now with him, I also feel unstable and unpredictable in the following years of life, as I have to sacrifice my possible permanent job here, or even the time for a child, if I want to have a canadian baby. so complicated then...