Spouse CoPR Condition - Urgent help!

[SassyBee23]

My husband called me this morning to tell me he received his CoPR in the mail after only 4 months of waiting!
Of course, we are absolutely thrilled.

However, he is due to fly in to Canada TONIGHT! (He is American and doesn't need a visa, so he didn't get a visa or passport request, just CoPR)
He is only planning on staying 10 days (visiting for my birthday/Valentine's day).
There is a condition on our CoPR that he is required to cohabitate with me for 2 years after receiving PR status. So now I'm not sure what has to be done. He cannot simply stay once he arrives tonight. So my questions are:
Does he have to show the CoPR to the immigration officers at the border?
If he does and claims his PR status, will it violate the condition if he leaves at the end of his vacation time and then comes back in 2-3 months?
Can he just not show it, enter as a visitor on a visa, and then return before the expiry date and claim PR?

We're just not ready for the big move, we weren't expecting it to happen this soon AND the same week he was planning to arrive anyway!

Thanks for the help!!

 

[Ponga]

Congratulations!

If he lands tonight and then leaves for 2-3 months, he will be in violation of Condition 51.

He should arrive as a `visitor' and only mention the CoPR if he is specifically asked by CBSA. He should leave it at home!
Besides, there's no real proof that it came in the mail already...right? Even if CBSA is able to see that it has been issued and mailed to him, if he doesn't have it...he doesn't have it.

Technically, he has until the expiry date on the CoPR to officially land, so it really shouldn't be a problem; especially after only waiting 4 months!

 

[truesmile]

If he lands tonight and then leaves for 2-3 months, he will be in violation of Condition 51.

Very good textbook answer. Yes technically he could be in violation of C51 . . . IF they come sniffing around so soon! Unless you all start blowing your mouths off to friends and family, and someone who doesn't like you makes a complaint call, I doubt you will have any problem. Just about EVERY PR issued now has C51 on it, they have neither the time nor the resources to follow up to that extent.

Perhaps it's just me, but I would "land" now and be done with it.

 

[Ponga]

Textbook answer?

Just about every PR issued has Condition: 51?!

Where did you get that information?


The other reason why he should NOT land today, is because he likely hasn't completed a B4 or B4 Goods to Follow form. What happens when he tries to bring his `stuff' into Canada after he has landed?

 

[scylla]

I'm with truesmile. I would just land. I can't imagine CIC is going to go after people who have a one-time 2-3 month cohabitation break but are still in a relationship. They don't have the money or manpower to be reviewing all relationships to ensure they comply - and that's not the intent of Condition 51 (we don't live in a police state). They will be going after those who are reported for failing to meet Condition 51 by their sponsor.

Of course as Ponga has pointed out, if you don't have the goods forms sorted out - then delay. But if you do or aren't really planning on bringing anything in - then I would just land and get it over with.

 

[fr33z3n]

If he lands, doesnt he need his PR card before leaving to come back in?

 

[Ponga]

If he lands, doesnt he need his PR card before leaving to come back in?

He wouldn't need it leave, and may not need it to return (if he's a U.S. citizen), as they are exempt from needing it, or a PRTD to return to Canada.

 

[Alurra71]

My husband called me this morning to tell me he received his CoPR in the mail after only 4 months of waiting!
Of course, we are absolutely thrilled.

However, he is due to fly in to Canada TONIGHT! (He is American and doesn't need a visa, so he didn't get a visa or passport request, just CoPR)
He is only planning on staying 10 days (visiting for my birthday/Valentine's day).
There is a condition on our CoPR that he is required to cohabitate with me for 2 years after receiving PR status. So now I'm not sure what has to be done. He cannot simply stay once he arrives tonight. So my questions are:
Does he have to show the CoPR to the immigration officers at the border?
If he does and claims his PR status, will it violate the condition if he leaves at the end of his vacation time and then comes back in 2-3 months?
Can he just not show it, enter as a visitor on a visa, and then return before the expiry date and claim PR?

We're just not ready for the big move, we weren't expecting it to happen this soon AND the same week he was planning to arrive anyway!

Thanks for the help!!

I would advise your spouse to delay his landing if he is not yet ready to 'move' permanently, ESPECIALLY if he already has a return ticket. Just advise CBSA that he is not yet ready to complete the landing formalities because he has loose ends to tie up but would like too see you for the reasons stated in your post. He is not forced to land, yet, but keep an eye on the expiry date of his COPR to be sure he does land before its done.

If he 'lands' now but has a return ticket, the CBSA officer COULD be a total jerk and refuse to land him because he's not yet ready to adhere to the rules, i.e. C51. I read another story here on the forums somewhere that an officer did just that and took the COPR and returned it to the VO with a landing refusal because person only intended to do a quick land and leave again. Not sure what happened after that, person never came back to update post so it's anyones guess. I wouldn't risk it, period. Not worth it when he can just as easily enter as a visitor

 

[canuck_in_uk]

If he 'lands' now but has a return ticket, the CBSA officer COULD be a total jerk and refuse to land him because he's not yet ready to adhere to the rules, i.e. C51. I read another story here on the forums somewhere that an officer did just that and took the COPR and returned it to the VO with a landing refusal because person only intended to do a quick land and leave again. Not sure what happened after that, person never came back to update post so it's anyones guess.

Not true. Thousands of people land and return to their home country to wrap up their affairs. CBSA will not refuse to land someone for that, especially when the sponsor is already residing in Canada.

The case you are referring to was different; the sponsor was residing outside of Canada and, along with the applicant, had no intention of returning to Canada anytime soon.