Rules: 6 months, 2 years, and 1095 days

[quercus]

Hello!

I had in my head that I had to live with my common law partner for 6 months in Canada after landing, but I can't find where I got that idea. My COPR says that I have to live with him for 2 years after landing (gladly :-* !). Is there a 6-month rule I can't find? I know it used to be that you risked your PR if you were outside the country for more than 6 months, but I think that is no longer the case?

The information about applying for a PR card (which I've already done as part of my PR application, I just need to land), says that we don't have to live in Canada for the 2 years out of every 5? Am i reading this correctly? If we can show that we have been living together as common law for 2 of the 5 years after landing, that counts toward my residency requirement. I'm curious because my partner, a Canadian citizen, may have to take a job out of country in the next year or two. I think it's saying I won't have to choose between PR & being with him, but maybe I'm misunderstanding?

Would the 2 years I've lived as a temp resident in Canada count toward the 5, or does the clock start when you land? I think the latter, but since I'm here, I'll get all the info in one spot

I just realized...we have had to live apart for a few months at a time this past year. Could this hurt us when I'm landing? Should we bring phone records and plane tickets and whatnot, to show that the separation is purely geographical and economical?

Edit: I was/am an inland applicant, if that makes any difference.

(PR card info)
http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#5445E4

Thank you, you're always so helpful! These forums have helped keep me (mostly) sane the past year.

 

[Bcboundboy]

There is no six month rule.

Condition 51 is that if your relationship (marriage/common-law status) was less than 2 years old when granted, your PR status is conditional on the relationship enduring for two years after being granted. This is currently being looked at for repeal, but nominally in effect.

You must be in Canada, or outside Canada with your Canadian citizen-partner for 730 days in every five year period in order to retain your PR status.

 

[CDNPR2014]

agreed, there is no 6 mo. rule pertaining to PR status.

have you landed yet?

if you haven't landed DO NOT mention anything about possible future living conditions to the landing officer. only answer what is asked, and don't elaborate. your life as a pr is none of their business. they could see this as not being ready to have pr and refuse to land you or even worse, advise CIC of the information for approval to be reversed.

if your canadian citizen sponsor needs to leave canada for work, you can go with him and that will count towards your residency obligations (being physically in canada for 2 out of 5 years) and condition 51 (living together for 2 years after landing). if you stay in canada and your spouse leaves the country or moves to a different province, you would technically be in violation of condition 51. no one really knows how it's monitored (if it is at all). for the most part, it is assumed CIC only investigates condition 51 violations if it's reported to them. this isn't to suggest it is smart to live apart to "fool" cic. it is information for yours to have and deal with.

I'm not sure why you are applying for a PR card? there is no need to. this form is filled out by the landing officer at your landing interview, and they submit the form for your first pr card. was this specifically requested by CIC as preparation for your inland landing interview?

 

[canuck_in_uk]

I just realized...we have had to live apart for a few months at a time this past year. Could this hurt us when I'm landing? Should we bring phone records and plane tickets and whatnot, to show that the separation is purely geographical and economical?

Edit: I was/am an inland applicant, if that makes any difference.

Your previous post history seems to indicate you applied outland. Which is it?

If you did apply inland, note that you were required to be cohabiting with your partner in Canada throughout the entire process, so if they find out that you weren't, you may have problems.

 

[NTPatni84]

agreed, there is no 6 mo. rule pertaining to PR status.

have you landed yet?

if you haven't landed DO NOT mention anything about possible future living conditions to the landing officer. only answer what is asked, and don't elaborate. your life as a pr is none of their business. they could see this as not being ready to have pr and refuse to land you or even worse, advise CIC of the information for approval to be reversed.

if your canadian citizen sponsor needs to leave canada for work, you can go with him and that will count towards your residency obligations (being physically in canada for 2 out of 5 years) and condition 51 (living together for 2 years after landing). if you stay in canada and your spouse leaves the country or moves to a different province, you would technically be in violation of condition 51. no one really knows how it's monitored (if it is at all). for the most part, it is assumed CIC only investigates condition 51 violations if it's reported to them. this isn't to suggest it is smart to live apart to "fool" cic. it is information for yours to have and deal with.

I'm not sure why you are applying for a PR card? there is no need to. this form is filled out by the landing officer at your landing interview, and they submit the form for your first pr card. was this specifically requested by CIC as preparation for your inland landing interview?

Hi there came across this post looking for answers to my problem, my husband and me got married a year back, he is a citizen while I just got sponsorship approval and ppr request, even though I will fly to canada in dec, I will come back to india, due to exam commitments and return back to my husband in canada after 2 months...my question is if condition 51 is applicable to us, should I inform the immigration officer about my absence for 2 months in advance with proof of examination?? Is it too much of a risk to be away for that long...
Hope you can help..Thanks

 

[BonManush]

Hi there came across this post looking for answers to my problem, my husband and me got married a year back, he is a citizen while I just got sponsorship approval and ppr request, even though I will fly to canada in dec, I will come back to india, due to exam commitments and return back to my husband in canada after 2 months...my question is if condition 51 is applicable to us, should I inform the immigration officer about my absence for 2 months in advance with proof of examination?? Is it too much of a risk to be away for that long...
Hope you can help..Thanks

Do you have a deadline for landing? Why not just land all at once after you have finished your exam if the deadline falls afterwards?

 

[malbrax]

Do you have a deadline for landing? Why not just land all at once after you have finished your exam if the deadline falls afterwards?

Hi,

Her spouse

Deadline for landing we are assuming is medical expiration feb 1st , Exams are in May

Looks like Condition 51 is being repealed, what is the effective date?

 

[Bcboundboy]

Hi,

Her spouse

Deadline for landing we are assuming is medical expiration feb 1st , Exams are in May

Looks like Condition 51 is being repealed, what is the effective date?

Nobody knows. The Minister said in the speech today that repeal was coming, the groundwork had been done, but it takes some time to get it through Parliament.

 

[quercus]

There is no six month rule.
Condition 51 is that if your relationship (marriage/common-law status) was less than 2 years old when granted, your PR status is conditional on the relationship enduring for two years after being granted.

I don't know where I got this 6-month rule!
At the time of application, my partner and I had lived together just over 2 years, in Canada together for just under 2 years. I think we put that we'd been living together a little over a year because it asked when we became common law, which we counted as a year from the time we moved to Canada. The COPR still specified that we needed to live together for 2 years.

have you landed yet?
if your canadian citizen sponsor needs to leave canada for work, you can go with him and that will count towards your residency obligations (being physically in canada for 2 out of 5 years) and condition 51 (living together for 2 years after landing).
I'm not sure why you are applying for a PR card? was this specifically requested by CIC as preparation for your inland landing interview?

I have not landed yet; plan to do so in February. My deadline is April.
I am terrified of trying to fool CBSA! I agree it's easier for everyone if I answer what's asked. I know our intentions are good, no reason to drag an officer through long explanations. I have been working in the US off & on this year, but all I have is about 2 weeks' worth of clothes and some other personal items. Most of my life is in Canada, including my partner
I was unclear: Yes, I applied for the PR card with my application and expect to have it approved and mailed to me after I land.
Thank you so much!

Your previous post history seems to indicate you applied outland. Which is it?
If you did apply inland, note that you were required to be cohabiting with your partner in Canada throughout the entire process.

Good catch! Yes, outland. I would update my original post, but I think it is too old. It won't let me. We were warned that inland would take longer AND leaving Canada during that time at all could harm our application.

Hi there came across this post looking for answers to my problem...

Good luck! I hope it all works out smoothly for you.

Y'all are great! Thanks again!

 

[quercus]

Hi,

Her spouse

Deadline for landing we are assuming is medical expiration feb 1st , Exams are in May

Looks like Condition 51 is being repealed, what is the effective date?

Now that Feb 1 has passed, I'm curious how this is playing out for you. Was your wife able to land and go back for exams?