List of Actions_Landing as a PR (spousal sponsor) for the first time

[shy_guy]

Hi Senior members,

Query:

I will be landing as a PR (spousal category) in Calgary in a couple of weeks. I have following questions given I am going for 2 months time and then will return back for settling my affairs (job, apartment, studies...etc) here. I will finally move in beginning of next year i.e, 2016.


1) What documents should I take with me?
2) Should I have Medical Insurance cover before I travel?
3) Should I apply for health card or wait until I move there for permananat (i.e. beginning of 2016)
4) What about bank account ?
5) What other things apart from SIN, I should do in this first tour?
6) Will the visa officer have problem with my plan?
7) Is it okay to travel with light luggage and later bring my total luggae and stuff when I finally move there?
8) PR residency obligation is still the same , right, 2/5 years time ?

thanks and best regards,

 

[Rob_TO]

1. Passport, COPR and B4 goods to declare/follow (if required)
2. Yes, since you are only staying for 2 months you won't meet the Alberta residency requirement for healthcare.
3. Either way should be fine
4. What about it?
5. Completely up to you.
6. I wouldn't mention your "plan" to the visa officer. Family class PR app requires a commitment to move to Canada after you get your PR. So if you tell the officer you have no intention of actually moving to Canada until next year, they may have a problem with that. Once you get PR though, of course you're free to live wherever you want as long as you meet the RO.
7. Yes. But if you intend to import anything later on under exemptions you should declare it at your official landing as a goods-to-follow in B4 forms, so you aren't hit with taxes/duties later on.
8. Yes it's 2 of every 5 years. However if you have "Condtion 51" on your COPR then you have conditional PR which requires you to cohabit with your sponsor for 2 years after landing as PR. So if you return back to your home country until next year while your sponsor stays in Calgary, then technically you would be in violation of the condition. If you don't have condition 51 listed, then this is not an issue.

 

[shy_guy]

Regarding the Point 8.
The sponsored spouse must cohabit in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. If they do not remain in the relationship, the sponsored spouse’s status could be revoked.

It says on website that If they do not remain in the relationship, the sponsored spouse’s status could be revoked.

so in view of the above description, first tell me if I am still right or wrong? My spouse will stay in Calgary while I will finish stuff here in 4 months..
Is it not ok or legal?

8. Yes it's 2 of every 5 years. However if you have "Condtion 51" on your COPR then you have conditional PR which requires you to cohabit with your sponsor for 2 years after landing as PR. So if you return back to your home country until next year while your sponsor stays in Calgary, then technically you would be in violation of the condition. If you don't have condition 51 listed, then this is not an issue.

 

[Rob_TO]

The rules specifically state "cohabit", which means living together. So despite if you are in a relationship, by not cohabiting you would be in violation of condition 51. This exists because in fraudulent PR cases people can easily fake being in a long-distance relationship, but it's much harder to fake cohabitation.

That being said, the chances of CIC actually finding out that you went back to home country and launching an investigation into your cohabitation, is probably super low. But I wouldn't push my luck by staying outside Canada longer than you have to.

 

[shy_guy]

The rules specifically state "cohabit", which means living together. So despite if you are in a relationship, by not cohabiting you would be in violation of condition 51. This exists because in fraudulent PR cases people can easily fake being in a long-distance relationship, but it's much harder to fake cohabitation.

That being said, the chances of CIC actually finding out that you went back to home country and launching an investigation into your cohabitation, is probably super low. But I wouldn't push my luck by staying outside Canada longer than you have to.

but the thing is that my spouse wont be able to travel with me because she is expecting and I only be away for 4 months.. So even in that case you think that CIC will raise eyebrow...if its a yes, then its very unkind...what say?

 

[Rob_TO]

but the thing is that my spouse wont be able to travel with me because she is expecting and I only be away for 4 months.. So even in that case you think that CIC will raise eyebrow...if its a yes, then its very unkind...what say?

I am not CIC so I can't say what they will or won't do. Regardless of your personal situation, you will not be cohabiting for those 4 months so technically are in violation of condition 51.

As I also said the chances are probably very very low that CIC will do anything about it. Personally I don't think CIC will notice anything nor will it come up as an issue, but anytime you are going against the stated rules you should still be aware of it.