Urgent.... Conditional pr

[shahzad2002]

Good morning and happy new year everyone

My wife just got her pr approved. On her COPR it says:

"Must cohabit in a conjugal relationship with ur sponsor for continues period of 2 years after the day on which became PR"

We just celebrated our 2nd anniversary on 28 dec with two kids.

Does it still apply on us to live together?

Does it matter if my wife goes back home for 6 months or 1 year in those two conditional years?

Thanks in advance.

Regards

 

[BethanyM]

Good morning and happy new year everyone

My wife just got her pr approved. On her COPR it says:

"Must cohabit in a conjugal relationship with ur sponsor for continues period of 2 years after the day on which became PR"

We just celebrated our 2nd anniversary on 28 dec with two kids.

Does it still apply on us to live together?

Does it matter if my wife goes back home for 6 months or 1 year in those two conditional years?

Thanks in advance.

Regards

Yes, this condition applies to you. If you had been married for two years before you applied for her PR, then Immigration would not have put this restriction.
But this restriction does apply.
I think a case could be made if your wife returns to her home country for 6 months or more, that she is NOT meeting the requirements of her PR as you are not cohabitating during that time.
It might be best to contact Immigration to inquire how long your wife could go on vacation and still be considered to be cohabitating with you.
I feel they will NOT regard you as cohabitating if she is away for one year out of two,
and likely the same would apply if she is gone for 6 months out of 2 years. She would be in breach of the conditions of her PR.
Immigration would learn of her lengthy absence upon her return to Canada.

The government does plan to do away with this rule, but it may take them some time to do so.
I believe the plan is to remove this rule retroactively which means it would be removed as a condition of your wife's PR,
but the government stated that intention last October, and the Minister said it would take some time as the change has to
be carried out under an official process which includes consultation with Canadians.
It may still be quite some time before that proposed change comes into effect.

 

[profiler]

Yes, this condition applies to you. If you had been married for two years before you applied for her PR, then Immigration would not have put this restriction.
But this restriction does apply.
I think a case could be made if your wife returns to her home country for 6 months or more, that she is NOT meeting the requirements of her PR as you are not cohabitating during that time.
It might be best to contact Immigration to inquire how long your wife could go on vacation and still be considered to be cohabitating with you.
I feel they will NOT regard you as cohabitating if she is away for one year out of two,
and likely the same would apply if she is gone for 6 months out of 2 years.
Immigration would learn of her lengthy absence upon her return to Canada.

The government does plan to do away with this rule, but it may take them some time to do so.
I believe the plan is to remove this rule retroactively which means it would be removed as a condition of your wife's PR,
but the government stated that intention last October, and the Minister said it would take some time as the change has to
be carried out under an official process which includes consultation with Canadians.
It may still be quite some time before that proposed change comes into effect.

The rule doesn't apply if they share children in common or they had spent 2 years in the relationship at the time of application. If this was the case, it may have been added in error. That said, yes, they have mentioned they plan to repeal it.

 

[CDNPR2014]

Good morning and happy new year everyone

My wife just got her pr approved. On her COPR it says:

"Must cohabit in a conjugal relationship with ur sponsor for continues period of 2 years after the day on which became PR"

We just celebrated our 2nd anniversary on 28 dec with two kids.

Does it still apply on us to live together?

Does it matter if my wife goes back home for 6 months or 1 year in those two conditional years?

Thanks in advance.

Regards

is that specific line actually written on the COPR or are you quoting it from supplemental paperwork included with the approval paper?
My COPR with condition 51 does not have the definition of condition 51 written on my COPR, it simply says "condition: 51". If you are reading this information on another piece of paper that came with the COPR and "condition 51" is not actually written on the physical COPR paper, then it doesn't apply to you - it is merely defining the condition for those who have it listed on their COPR. The only piece of paper that applies specifically to the applicant is the COPR. everything else sent along with the COPR is general information sent to every single person who is approved for pr. it may not all pertain to your situation.

Were your children born before you applied? if not, then condition 51 would certainly apply in your case. you would have had to be married 2 years and/or have children together BEFORE sending in your application to be waived the condition.

 

[shahzad2002]

Thanks all for reply.

As I mentioned it says on COPR.

My marriage was 3 months old at the time f application with no kids at that time.

What if I go and stay with her in back home for 2 years? any idea?


I am planning to do her landing in first week of may. I can pull it to last week of june. You guys expecting this condition to get wave by that time?

Appreciate all of your guys help.

 

[BethanyM]

Thanks all for reply.

As I mentioned it says on COPR.

My marriage was 3 months old at the time f application with no kids at that time.

What if I go and stay with her in back home for 2 years? any idea?


I am planning to do her landing in first week of may. I can pull it to last week of june. You guys expecting this condition to get wave by that time?

Appreciate all of your guys help.

Nobody knows when the condition will be removed or if it will actually get removed.

No, you going to your home country for 2 years doesn't meet the requirement for her to reside with you in Canada for the next two years.

Did you add your kids to your application, update your application when each child was born?
If you did add your children while the application was still under consideration, perhaps you can inquire with CIC
whether the condition could be removed because you have children together and the children were declared.

 

[shahzad2002]

Nobody knows when the condition will be removed or if it will actually get removed.

No, you going to your home country for 2 years doesn't meet the requirement for her to reside with you in Canada for the next two years.

Did you add your kids to your application, update your application when each child was born?

Yes. The got pr approved too wit my wife.

 

[profiler]

Condition 51 simply states you must cohabitate. It does not say where.

Here is a snip from the Operational Bulletin 480 ( http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp ) :
"
2.4 Assessing evidence of compliance of the two-year condition

To maintain their permanent resident status, the sponsored spouse or partner is required to cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident.

While the Regulations require a “continuous” period of two years of cohabitation, from time to time, one or the other partner may leave the home for work or business travel or family obligations. CIC officers should follow existing guidelines when assessing a period of cohabitation where temporary or short separations have occurred. See OP 2, Section 5.35 for more information.

A conjugal relationship is interpreted as being a relationship where individuals are interdependent and have a significant degree of attachment—financially, socially, emotionally, and physically—where they share household and related responsibilities, and where they have an exclusive relationship; a mutual and continuing commitment to a shared life together. See OP 2, Section 5.25 and IP 8, Section 5.20 for more information.

The sponsored spouse or partner must provide evidence of their compliance with the condition if an officer requests such evidence because they have reason to believe that the sponsored person is not complying or has not complied with the condition (for example, when a tip is received or a CIC or CBSA officer has information indicating non-compliance), or if requested as part of a random assessment of the overall level of compliance with the condition by the permanent residents who are or were subject to the condition.
"

As long as you can prove you stayed together, and she is meeting her residency obligation, it should be ok.

 

[BethanyM]

Yes. The got pr approved too wit my wife.

Then it might be worthwhile to inquire whether the condition shouldn't have been placed as you have kids who were declared before the decision was made,
and before the PR was issued.

 

[canuck_in_uk]

No, you going to your home country for 2 years doesn't meet the requirement for her to reside with you in Canada for the next two years.

Did you add your kids to your application, update your application when each child was born?
If you did add your children while the application was still under consideration, perhaps you can inquire with CIC
whether the condition could be removed because you have children together and the children were declared.

As said above, there is no requirement to cohabit in Canada, only that they cohabit. If that is in her home country, it's perfectly fine.

The condition is based on the situation of the couple when they submit the application. Having children after the app was submitted doesn't change it.

 

[Aquakitty]

Ya unfortunately they only look at the status of the couple when the application was received. For instance, we were a few days from our 2 year anniversary when our apps were sent in, but still got the condition.

 

[HarkiranKaur]

Nobody knows when the condition will be removed or if it will actually get removed.

No, you going to your home country for 2 years doesn't meet the requirement for her to reside with you in Canada for the next two years.

Are you sure about this?? I read on CIC website that time spent out of Canada WITH THE SPONSOR counts towards PR time. because you are still together.

Quoted:

Pursuant to A28(2), a permanent resident complies with the residency obligation provisions
with respect to a five-year period if, for at least 730 days in that five-year period, the
permanent resident is physically present in Canada, or:

 is outside Canada accompanying a Canadian citizen who is their spouse or common-law
partner or is a child accompanying a parent;

I know this doesnt pertain exactly to the 2 year conditional part, but it seems Canada is ok with a sponsored person leaving the country WITH their sponsor who is their spouse as that still counts as co-habitation.

 

[barch88]

I have a question regarding this. I don't mean to hijack your thread and I'll create my own if need be...my wife (sponsor) and I just applied and sent package off. We have been dating since 2012 but only have been married since October. I'm guessing once I become a PR this rule will be put in place for me as well. What if I cross the border daily for work in the USA, but then cross back at night to live/stay at my home in Canada (once I get my PR and move there)? I obviously will be commuting 5+ days a week into the USA but I'm living and crossing back into Canada to my soon to be home...will that count as In-Canada time I'm assuming?

thanks

 

[Aquakitty]

Are you sure about this?? I read on CIC website that time spent out of Canada WITH THE SPONSOR counts towards PR time. because you are still together.

Quoted:

Pursuant to A28(2), a permanent resident complies with the residency obligation provisions
with respect to a five-year period if, for at least 730 days in that five-year period, the
permanent resident is physically present in Canada, or:

 is outside Canada accompanying a Canadian citizen who is their spouse or common-law
partner or is a child accompanying a parent;

I know this doesnt pertain exactly to the 2 year conditional part, but it seems Canada is ok with a sponsored person leaving the country WITH their sponsor who is their spouse as that still counts as co-habitation.

Only if the sponsoring spouse (the OP in this case) is a Canadian citizen, not a PR. PR's must remain together in Canada.

I have a question regarding this. I don't mean to hijack your thread and I'll create my own if need be...my wife (sponsor) and I just applied and sent package off. We have been dating since 2012 but only have been married since October. I'm guessing once I become a PR this rule will be put in place for me as well. What if I cross the border daily for work in the USA, but then cross back at night to live/stay at my home in Canada (once I get my PR and move there)? I obviously will be commuting 5+ days a week into the USA but I'm living and crossing back into Canada to my soon to be home...will that count as In-Canada time I'm assuming?

thanks

Commuting for work is not the same as not co-habitating. It only matters where you come home to at night.

In either scenario, you'll want to keep proof of your cohabitation, just in case.

 

[canuck_in_uk]

Are you sure about this?? I read on CIC website that time spent out of Canada WITH THE SPONSOR counts towards PR time. because you are still together.

I know this doesnt pertain exactly to the 2 year conditional part, but it seems Canada is ok with a sponsored person leaving the country WITH their sponsor who is their spouse as that still counts as co-habitation.

As you said yourself, that does not pertain to Condition 51 and therefore has no relevance for this thread.