Can you exit Canada while on conditional PR for 2 years?

[Lalalarey]

Hi guys, I hope you could help me with this.

I just got my passport with PR visa today. I was sponsored by my husband. In the COPR, there's a condition:

"MUST COHABIT IN A CONJUGAL RELATIONSHIP WITH YOUR SPONSOR FOR CONTINUOUS PERIOD OF 2 YEARS AFTER THE DAY WHICH BECAME PR"

We are subject to this condition because we have no children and have been married for less than 2 years.

I plan to land as a PR in Toronto this June. But I can only stay in Toronto for 3 weeks (maybe 1 month max) I have to go back to the Philippines without my husband because of family and work-related issues I won't go into details anymore but I really have no choice so I have to go back.

I plan to come back in Canada to be with my husband and stay for good on September once I sort things out in the Philippines.

Question:
1. Will I be allowed to leave Canada?
2. If I leave Canada, will this have a negative affect in my PR status? Could I lose my PR?
3. Will cic think our marriage is not real if I leave Canada without my husband?

 

[CDNPR2014]

Hi guys, I hope you could help me with this.

I just got my passport with PR visa today. I was sponsored by my husband. In the COPR, there's a condition:

"MUST COHABIT IN A CONJUGAL RELATIONSHIP WITH YOUR SPONSOR FOR CONTINUOUS PERIOD OF 2 YEARS AFTER THE DAY WHICH BECAME PR"

We are subject to this condition because we have no children and have been married for less than 2 years.

I plan to land as a PR in Toronto this June. But I can only stay in Toronto for 3 weeks (maybe 1 month max) I have to go back to the Philippines without my husband because of family and work-related issues I won't go into details anymore but I really have no choice so I have to go back.

I plan to come back in Canada to be with my husband and stay for good on September once I sort things out in the Philippines.

Question:
1. Will I be allowed to leave Canada?
2. If I leave Canada, will this have a negative affect in my PR status? Could I lose my PR?
3. Will cic think our marriage is not real if I leave Canada without my husband?

1. yes
2. no and you will only be subject to losing your pr status if you are reported to CIC, which is very rare. I highly doubt CBSA is going to report you and CBSA can not revoke your pr card on entry. as an approved pr you have to right to enter and leave canada at anytime. getting your pr revoked requires investigation, time and a process through CIC.
3. no one can tell you what CIC will think. Again, you can't have your pr revoked until you are reported, they investigate, call a hearing and a decision is made. there needs to be substantial proof submitted in order for that to happen, and sometimes there are valid reasons for the break in cohabitation that is beyond the couple's control.

while it is a risk to not live together for 6 months, the only way CIC will find out if it is reported to them. CIC does not go searching for PRs to confirm where they are at all times.

 

[rambopg]

Hi guys, I hope you could help me with this.

I just got my passport with PR visa today. I was sponsored by my husband. In the COPR, there's a condition:

"MUST COHABIT IN A CONJUGAL RELATIONSHIP WITH YOUR SPONSOR FOR CONTINUOUS PERIOD OF 2 YEARS AFTER THE DAY WHICH BECAME PR"

We are subject to this condition because we have no children and have been married for less than 2 years.

I plan to land as a PR in Toronto this June. But I can only stay in Toronto for 3 weeks (maybe 1 month max) I have to go back to the Philippines without my husband because of family and work-related issues I won't go into details anymore but I really have no choice so I have to go back.

I plan to come back in Canada to be with my husband and stay for good on September once I sort things out in the Philippines.

Question:
1. Will I be allowed to leave Canada?
2. If I leave Canada, will this have a negative affect in my PR status? Could I lose my PR?
3. Will cic think our marriage is not real if I leave Canada without my husband?

No, you won't have any problems entering back into Canada especially since you are coming back in the same year.
Conditional PRs have all the same benefits and responsibilities as a normal PR.

However, you will need a travel document to enter back to Canada. Unless your husband can courier you the PR Card to Phillipines once it arrives in Canada.

 

[Lalalarey]

Thank you so much for replying.

I'm just really really worried that I might violate the condition since it says that we have to cohabit CONTINUOUSLY for 2 years.

Since I might be gone for 2-3 months during that 2-year period, won't I be violating the "CONTINUOUS" part of the condition?

 

[CDNPR2014]

Thank you so much for replying.

I'm just really really worried that I might violate the condition since it says that we have to cohabit CONTINUOUSLY for 2 years.

Since I might be gone for 2-3 months during that 2-year period, won't I be violating the "CONTINUOUS" part of the condition?

stop worrying. i highly doubt CIC is going to bother coming after you because you were away for 2-3 months in 2 years. again, this condition is to protect sponsors from those who take advantage of them for pr or there's significant abuse. it doesn't sound like this is your case.

 

[Lalalarey]

Okay. Thanks a lot!

 

[mikeymyke]

Condition 51 is mostly to protect the sponsor, in which the sponsor has the ability to report his/her spouse is not living with them. I think you'll be fine as long as no one's reporting this to CIC and you're not exactly taking up residence back in Philppines. There might be some element of risk since you're going to be gone for a significant amount of time, not just a few weeks or a couple months. But who knows.

 

[Lalalarey]

Condition 51 is mostly to protect the sponsor, in which the sponsor has the ability to report his/her spouse is not living with them. I think you'll be fine as long as no one's reporting this to CIC and you're not exactly taking up residence back in Philppines. There might be some element of risk since you're going to be gone for a significant amount of time, not just a few weeks or a couple months. But who knows.

Isn't cic keeping track of new immigrants?

 

[mikeymyke]

They probably keep track of people entering/leaving the country for security purposes, but as far as tracking Condition 51 applicants is concerned, I believe it only becomes a problem when someone reports that you're not currently living with your sponsor. But then again, you're going to be gone for a very long period of time uninterrupted, so I can't really say what will happen or might happen, as I don't think no one really knows how they operate internally. I can definitely say with certainty, that if you were only gone for a few weeks, it's 100% a non issue.

Honestly I think you'll be fine, since you're not taking up permanent residence in Philippines, you're in a genuine continuing relationship, and this Condition 51 is mostly to protect the sponsor.

 

[Ponga]

I would think that it is possible for CIC to know if a person with conditional PR has left Canada without their spouse/partner. Since CBSA has exit data, wouldn't it make sense for a person with Condition 51 to be on some sort of list when it comes to things like this?

IMO, too many people think that this is not really monitored/enforced by CIC until, and unless, someone `tips them off' or the sponsor reports the PR for non-compliance. While I agree that this is probably the easiest way for CIC to find out, it can't possibly be the only way.

 

[mikeymyke]

I would think that it is possible for CIC to know if a person with conditional PR has left Canada without their spouse/partner. Since CBSA has exit data, wouldn't it make sense for a person with Condition 51 to be on some sort of list when it comes to things like this?

IMO, too many people think that this is not really monitored/enforced by CIC until, and unless, someone `tips them off' or the sponsor reports the PR for non-compliance. While I agree that this is probably the easiest way for CIC to find out, it can't possibly be the only way.

Based on the experiences of the people on these forums, leaving for just a short time had no issues at all. Almost everyone I've seen in this situation hadn't had their PR revoked or anything like that. However, I'm not entirely sure of the OP's case, just becuase she's planning on leaving for an extremely long period of time, and I don't know what would happen in this case. Likely nothing will happen is what I think.

 

[Ponga]

Based on the experiences of the people on these forums, leaving for just a short time had no issues at all. Almost everyone I've seen in this situation hadn't had their PR revoked or anything like that. However, I'm not entirely sure of the OP's case, just becuase she's planning on leaving for an extremely long period of time, and I don't know what would happen in this case. Likely nothing will happen is what I think.

You don't think that a 2-3 month trip without the sponsor could be a problem? I'm not sure that CIC would see that as a `short' trip.

Since nobody here truly knows how/if conditional PRs are monitored, when they leave Canada...it really is nothing more than a guessing game.

 

[CDNPR2014]

I would think that it is possible for CIC to know if a person with conditional PR has left Canada without their spouse/partner. Since CBSA has exit data, wouldn't it make sense for a person with Condition 51 to be on some sort of list when it comes to things like this?

just because CBSA has the ability to do this, it doesn't mean it is being reported to CIC without CIC asking for it.

 

[mikeymyke]

You don't think that a 2-3 month trip without the sponsor could be a problem? I'm not sure that CIC would see that as a `short' trip.

Since nobody here truly knows how/if conditional PRs are monitored, when they leave Canada...it really is nothing more than a guessing game.

Yeah that's the thing, she's gone for 5 months, which is very long time, I don't know what would happen in this case, as I've yet to see a forum member go through something like this.

 

[Rob_TO]

I'm just really really worried that I might violate the condition since it says that we have to cohabit CONTINUOUSLY for 2 years.

Since I might be gone for 2-3 months during that 2-year period, won't I be violating the "CONTINUOUS" part of the condition?

Yes, technically you would be violating Condition 51 of your PR.

However the odds of CIC actually investigating and revoking your PR due to this, is slim to none. Majority of time on this is spent in cases where sponsor has reported a realtionship breakdown. They do random checks as well, but really it's not likely.

Not to mention the Liberal government is eliminating Condition 51 so I don't think they will put many resources into enforcing it for people who still have it.