Landing process - need advices

[MarVan]

Hi everybody,
I try to explain my situation..I got my PR visa from the Canadian embassy in Rome so my whole process is finalized (faster than expected).
On next 14th of nov I'm going to canada to see my wife for 5-6 days but then I will have to go back to Rome cause I'm still working here, just waiting for my company to relocate me in canada with the same position. As I understood I should be relocated between March and April!

So my question is: do u guys think it could be a problem if I show them the visa on my next trip on nov and "land"? I travel very often back and forth like every 2-3 weeks. So I'll continue to do it till March but at least I could start to get all the documents I need like driver Licence, the actual pr card etc and be fully ready on March!

Thanks in advance for you help!

 

[Graihn]

Hi everybody,
I try to explain my situation..I got my PR visa from the Canadian embassy in Rome so my whole process is finalized (faster than expected).
On next 14th of nov I'm going to canada to see my wife for 5-6 days but then I will have to go back to Rome cause I'm still working here, just waiting for my company to relocate me in canada with the same position. As I understood I should be relocated between March and April!

So my question is: do u guys think it could be a problem if I show them the visa on my next trip on nov and "land"? I travel very often back and forth like every 2-3 weeks. So I'll continue to do it till March but at least I could start to get all the documents I need like driver Licence, the actual pr card etc and be fully ready on March!

Thanks in advance for you help!

Answer these:
1. What is the expiry date of your CoPR?
2. Do you have Condition 51 on your CoPR?

 

[MarVan]

Answer these:
1. What is the expiry date of your CoPR?
2. Do you have Condition 51 on your CoPR?

The expire date is within the medical check expire date so it will be on apr! And yes we have cond 51..
Today I went to get the copr at the Canadian embassy in Rome and I explained my situation and they told me I can land without problems also next week since my passport doesn't need a visa for travelling! They told me there is no problem at all it's better for you so u start the whole process!!!

 

[little_apple]

With condition 51 you are not allowed to be separated from your sponsor for more than 2-3 weeks.
You have to cohabit together after you land.

If your COPR is valid until April then next week go to Canada as a visitor only and tell the border officer that you will land later due to your job.

If you land now and then go back to Rome until March/April you risk losing your PR

 

[MarVan]

With condition 51 you are not allowed to be separated from your sponsor for more than 2-3 weeks.
You have to cohabit together after you land.

If your COPR is valid until April then next week go to Canada as a visitor only and tell the border officer that you will land later due to your job.

If you land now and then go back to Rome until March/April you risk losing your PR

Ok thanks for your info.
You are basically saying they gave me a wrong information at the embassy..so I think I'll go and ask once I'm in front of the officer..

2-3 weeks sound like a generic information.its not really written somewhere! What if your job needs you to travel? Anyway I'll keep u posted and let you know!
I'll fly at least once per month back to canada while waiting for the transfer, but also at the embassy they told me it would be better for you to land in advance and start to get all the documents u need to live there taking in consideration of cond 51

 

[sakamath]

I do not think "co-habitation" is a requirement for maintaining PR status. What is important is to continue to stay in the relationship with your current spouse. The embassy gave the correct information that - usually for nationals from visa-exempt countries, PRs returning to Canada should not have a problem. For other nationals, a PR card is a must before they can board an aircraft to return to Canada.

EDIT: Note that you should complete your first "landing" process before the expiry of the COPR. Subsequently, each time you enter, you simply have to prove your PR status (by displaying the stamped COPR).

 

[Alurra71]

I do not think "co-habitation" is a requirement for maintaining PR status. What is important is to continue to stay in the relationship with your current spouse. The embassy gave the correct information that - usually for nationals from visa-exempt countries, PRs returning to Canada should not have a problem. For other nationals, a PR card is a must before they can board an aircraft to return to Canada.

Due to Condition 51 (which is new and effective for applicants on/after Oct 25, 2012) yes, they do need to co habit with their respective spouse/sponsor for 2 full years following landing in Canada. If they do not, they do in fact risk loosing their PR status. If the OP is traveling back and forth every few weeks, every time he enters the country he is bringing attention to himself as no following the Condition 51 rule. If there is any way your spouse can go with you for the duration of your job in Rome, that would be the best advisable way for you to proceed.

If your COPR still has a long way to go before it is expired, then you may want to wait to land closer to the expiry date. Get your company on the ball about getting you transferred to Canada ASAP.

 

[Jamesdavid3]

Due to Condition 51 (which is new and effective for applicants on/after Oct 25, 2012) yes, they do need to co habit with their respective spouse/sponsor for 2 full years following landing in Canada. If they do not, they do in fact risk loosing their PR status. If the OP is traveling back and forth every few weeks, every time he enters the country he is bringing attention to himself as no following the Condition 51 rule. If there is any way your spouse can go with you for the duration of your job in Rome, that would be the best advisable way for you to proceed.

If your COPR still has a long way to go before it is expired, then you may want to wait to land closer to the expiry date. Get your company on the ball about getting you transferred to Canada ASAP.

Another reason why Condition 51 is stupid...

He should be allowed to travel in and out of Canada as much as he wants without any risk....his spouse/sponsor is looking after him now.

 

[MarVan]

Another reason why Condition 51 is stupid...

He should be allowed to travel in and out of Canada as much as he wants without any risk....his spouse/sponsor is looking after him now.

That's right! We are just trying to do everything in accordance with the rules!
Why does the Canadian embassy should give a false advise? I would land before just to not waste time to start the process for all the documents...at the end my company will give me the transfer once the pr is activated!

 

[Alurra71]

That's right! We are just trying to do everything in accordance with the rules!
Why does the Canadian embassy should give a false advise? I would land before just to not waste time to start the process for all the documents...at the end my company will give me the transfer once the pr is activated!

Your PR is activated the moment you land in Canada and speak with your greeting CBSA officer. You present him/her your Passport and COPR. He/She will ask you a few questions then give you a copy of your COPR and voila, you're now a PR of Canada. If your company moves that fast to transfer you then it shouldn't be an issue for you to come to Canada without delay. Correct?

You stated that you won't be coming to Canada until March or April. If you land in Canada on the 14th of November and then only plan to stay for 5 or 6 days, then head back to Rome for the next 4 months or more you could be putting yourself at risk. That is all you are being told here. You aren't being told you can't do this, only that you could be jeopardizing yourself when you don't need to.

Condition 51 was put into effect for a reason. There are some here who are adamant about not liking it, but the reasons they provide don't really hold up to close scrutiny. Whether you like it or not, or agree with it or not is really not the point. You have it as a condition. I also have it as a condition. Many folks have it as a condition.

 

[Jamesdavid3]

Your PR is activated the moment you land in Canada and speak with your greeting CBSA officer. You present him/her your Passport and COPR. He/She will ask you a few questions then give you a copy of your COPR and voila, you're now a PR of Canada. If your company moves that fast to transfer you then it shouldn't be an issue for you to come to Canada without delay. Correct?

You stated that you won't be coming to Canada until March or April. If you land in Canada on the 14th of November and then only plan to stay for 5 or 6 days, then head back to Rome for the next 4 months or more you could be putting yourself at risk. That is all you are being told here. You aren't being told you can't do this, only that you could be jeopardizing yourself when you don't need to.

Condition 51 was put into effect for a reason. There are some here who are adamant about not liking it, but the reasons they provide don't really hold up to close scrutiny. Whether you like it or not, or agree with it or not is really not the point. You have it as a condition. I also have it as a condition. Many folks have it as a condition.

That sounds such like a easy process..

What about the so called Interview where they ask both partners questions etc?

 

[Alurra71]

That sounds such like a easy process..

What about the so called Interview where they ask both partners questions etc?

There is no interview for an OUTLAND landing process. There really is not an 'interview' for and INLAND landing process either, however it is different in the fact that an INLAND landing process requires both the sponsor and the applicant to be present at the landing.

The same questions are asked of the applicant either INLAND or OUTLAND. It is VERY easy and usually done in 10 -15 minutes.

 

[keesio]

What about the so called Interview where they ask both partners questions etc?

I think you are thinking of the sponsorship application where the VO will call both applicant and sponsor in for separate interviews because they have issues with their relationship proof. This only happens when the VO has issues with the validity of the relationship (they think it may be a MoC (Marriage of Convenience) and very rarely does it happen for applicants with a visa-exempt passport.

The landing "interview" is really just where the officer asks the applicant a few really basic questions like "Are you sick?", "Any changes in your family status since the application was mailed?", then will tell the applicant some other info they need to know. That's it. Maybe took 5 minutes. I was there when my wife landed but the officer didn't really ask me anything. Note that this was Outland but as Alurra mentioned, the interview format is similar as Inland.

 

[Rob_TO]

I do not think "co-habitation" is a requirement for maintaining PR status.

Actually yes, it is. Read here: http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp
The word "cohabit" appears over 30 times.

For "cohabit" definition they refer to Section 5.35 of the OP2 manual, which has to do with qualifying for common-law status. So basically the same rules in qualifying for common-law, need to be followed when trying to follow Condition 51 rules.

So anything over 3-4 weeks apart during time you're a conditional PR, you are pushing your luck.

 

[Graihn]

Actually yes, it is. Read here: http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp
The word "cohabit" appears over 30 times.

For "cohabit" definition they refer to Section 5.35 of the OP2 manual, which has to do with qualifying for common-law status. So basically the same rules in qualifying for common-law, need to be followed when trying to follow Condition 51 rules.

So anything over 3-4 weeks apart during time you're a conditional PR, you are pushing your luck.

Now you and others have given your advice, it is up to him/her to decide if it is worth jeopardizing the PR by traveling back and forth under condition 51..