Vacations/Holidays while on Condition 51

[screech339]

Perhaps from a passenger manifest from the airline (where you likely do present your passport)?

CBSA is not at that stage yet. I don't think that has been implemented just yet. There have been people ordering CBSA notes very recently and the records still doesn't show exit records of leaving internationally by plane.

 

[Ponga]

CBSA is not at that stage yet. I don't think that has been implemented just yet. There have been people ordering CBSA notes very recently and the records still doesn't show exit records of leaving internationally by plane.

Interesting. Thanks for the info Screech.

 

[rhcohen2014]

Using what mechanism? I don't swipe my passport at any machine, nor hand it to an officer of any sort who does. It's true, the US 'wants' Canada to do so, but we're not there yet.

i'd imagine, if you enter via a nexus pass, it is registered in some automated system that let's you pass or not? i'd imagine it would be difficult to enter canada without any proof of you being you, so it has to be recorded somewhere even if you don't hand over anything (ie: barcode). i know when entering either country by land, passports are quickly scanned before handed back at the booths. it's as quick as swiping them against a electronic pad or something, though they make it look like they aren't. this is what i believe the 2 countries are using to share entries and exits, even if it's just a printed list of every ID used to enter. There are many times when i enter canada that they ask me the last time i was in canada, and they seem to know the exact day i left, even though i did not "check" out. to me this suggests they get an entry report from the US of some sort, though who knows if that actually happens yet and they really don't know the exact date.

 

[keesio]

Using what mechanism? I don't swipe my passport at any machine, nor hand it to an officer of any sort who does. It's true, the US 'wants' Canada to do so, but we're not there yet.

every time I travel over the border, I have to hand over my travel document and they swipe it. Are you saying when entering a country, you don't have to give a border official your passport?

 

[little_apple]

When I do get my PR which will also come with the Condition 51 rule i'm guessing... what can I do in terms of travelling on my own outside of Canada?

During the 2 year Condition 51 Period after getting my PR, I want to take Vacations, go home back to the UK to see family and friends for some weeks at a time and not having to worry about breaking some rule being away from my GF....

My GF who is the Sponsor cant come with me due to work commitments and other reasons so I shouldn't let that stop me from seeing friends and family during that Condition 51 stage....

What can I do, surely its okay?

I'm in the same situation. I will fly to Germany next year without my sponsor due to his job. But it's only for 2 weeks so it'll be fine

 

[keesio]

I'm in the same situation. I will fly to Germany next year without my sponsor due to his job. But it's only for 2 weeks so it'll be fine

yup, you're fine. The time away has to be really substantial for CIC to be suspicious, like several months at least.

 

[AsWeWait]

Bumping up an old topic.

Is it possible to get an exemption to Condition 51?
For example if a PR wants to go back and complete his/her degree's semester? It would be a 4 month trip and doing so without allowance seems very risky.

 

[truesmile]

There is NO exemption.

For the second time in as many days I'll say once again. "Sometimes the less said, the better." If you tell them, they are then obligated to apply the rules as written. If I were in your shoes, and I knew I was going to return long before the two years of C51 were up, that's a chance I would likely take. Now I can only speak for myself, but I wouldn't be advertising my plans to distant friends, the CIC, etc. The CIC will likely only come sniffing around if there's a complaint or the CIC officer had some doubts on your relationship right from the start.

 

[AsWeWait]

There is NO exemption.

For the second time in as many days I'll say once again. "Sometimes the less said, the better." If you tell them, they are then obligated to apply the rules as written. If I were in your shoes, and I knew I was going to return long before the two years of C51 were up, that's a chance I would likely take. Now I can only speak for myself, but I wouldn't be advertising my plans to distant friends, the CIC, etc. The CIC will likely only come sniffing around if there's a complaint or the CIC officer had some doubts on your relationship right from the start.

That is true, if one tells or asks them, they will be obligated to follow up. I would just complete the studies here, as we likely have better universities.
Also; wouldn't the customs officer see the condition on the system file and notify CIC? Seems simple, set up an automated flagging system to notify them when a person leaves and reenters the country.

 

[Turbo2000]

What you are trying to do is a risky move...not living at the same address but within Canada can be difficult for CIC to discover...but going out of

Canada with conditional PR might be very easy to detect.

We are still to discover how CIC actually enforces this.

There was someone on this forum who had conditional PR and had to spend months out of province away from spouse for work...then he received a

letter from CBSA informing him that they have concrete proof that they don't live together. How CBSA found out was a mystery.

I don't know how the case ended.

That is true, if one tells or asks them, they will be obligated to follow up. I would just complete the studies here, as we likely have better universities.
Also; wouldn't the customs officer see the condition on the system file and notify CIC? Seems simple, set up an automated flagging system to notify them when a person leaves and reenters the country.

 

[Aquakitty]

What you are trying to do is a risky move...not living at the same address but within Canada can be difficult for CIC to discover...but going out of

Canada with conditional PR might be very easy to detect.

We are still to discover how CIC actually enforces this.

There was someone on this forum who had conditional PR and had to spend months out of province away from spouse for work...then he received a

letter from CBSA informing him that they have concrete proof that they don't live together. How CBSA found out was a mystery.

I don't know how the case ended.

What!! That's insane, do you have a link to it?

 

[Jamesdavid3]

What!! That's insane, do you have a link to it?

This sounds like another one of those rumors with no proof to back that statement up.

 

[adamj_008]

I have a quick question. I'm planning on a vacation out of Canada with my spouse (who is my sponsor) for around 3-4 weeks. Would there be any issue that I will be out of the country while I have Condition 51 on my PR?

 

[Ponga]

@jamesdavid3:

http://www.roadtocanada.com/forums/printthread.php?tid=10166


http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

Enforcement and penalties

As a result of the introduction of conditional permanent residence, additional investigations may be undertaken in cases where there is reason to believe that the condition is not being met or has not been met. CIC plans to perform random assessments of the overall level of compliance on an ongoing basis.

The measure also provides another means for enforcement action in instances of marriage fraud, including issuing removal orders to fraudulent spouses on the basis of non-compliance. This could in turn lead to their removal from Canada.


http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp

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.

If the CIC Call Centre is informed by the sponsored person that the sponsor and the sponsored spouse or partner are no longer cohabiting in a conjugal relationship, the Call Centre will refer the information within 24 hours to a local CIC office who may assess whether the sponsored spouse or partner is complying with the condition. Other calls with information or tips related to non-compliance of the condition should be referred to the CBSA Border Watch Line.


Don't be fooled. Some people are caught for non-compliance.

 

[Ponga]

I have a quick question. I'm planning on a vacation out of Canada with my spouse (who is my sponsor) for around 3-4 weeks. Would there be any issue that I will be out of the country while I have Condition 51 on my PR?

Traveling with your sponsor is fine.