Conditional Permanent Residence, does it apply to me??

[naazz]

Hi everyone i have a question

My application was received on Sep 4, 2012 means before the new conditional permanent residence law came into place i.e. Oct 24, 2012. which means i am not subject to this conditional status.
My application has not at the very end and soon within a week or a so i will be receiving the visa. but i have another issue that my application was withdrawn during that period but immediately reinstated.

here are the ecas notes for your review:-

We received your application for permanent residence on September 4, 2012.

We started processing your application on April 10, 2013.

Medical results have been received.

We withdrew your application on April 10, 2013 and your file has been closed.

A decision has been made on your application. The office will contact you concerning this decision.

Interview scheduled for July 24, 2013


withdrawn status came immediately after the withdrawn but soon the problem was rectified and with some help it was reinstated and CIC decided to interview which got cleared.

Now my question is that if the new conditional permanent residence apply to me or my case will still be treated as by the law before 24 Oct 2012??

Thanks

 

[marrgo]

did you have to send another file after the application was reinstated?

 

[naazz]

did you have to send another file after the application was reinstated?

No we did not had to sent any new file or new application neither any fee was paid except they asked to pay RPRF after the interview which we didnt paid at the time of submission.

 

[zardoz]

Then, you are OK. The locked in date is that of the application, regardless of what happens to it afterwards.

 

[niana.j]

Even if it does - it isn't a bad thing. Conditional permanent residence was one of the couple of things Jason Kenney was right about.

The other item was cracking down on citizenship fraudsters. People who leave Canada as soon as getting their Canadian passport- should be permanently given the boot.

Hi everyone i have a question

My application was received on Sep 4, 2012 means before the new conditional permanent residence law came into place i.e. Oct 24, 2012. which means i am not subject to this conditional status.
My application has not at the very end and soon within a week or a so i will be receiving the visa. but i have another issue that my application was withdrawn during that period but immediately reinstated.

here are the ecas notes for your review:-

We received your application for permanent residence on September 4, 2012.

We started processing your application on April 10, 2013.

Medical results have been received.

We withdrew your application on April 10, 2013 and your file has been closed.

A decision has been made on your application. The office will contact you concerning this decision.

Interview scheduled for July 24, 2013


withdrawn status came immediately after the withdrawn but soon the problem was rectified and with some help it was reinstated and CIC decided to interview which got cleared.

Now my question is that if the new conditional permanent residence apply to me or my case will still be treated as by the law before 24 Oct 2012??

Thanks

 

[marrgo]

No we did not had to sent any new file or new application neither any fee was paid except they asked to pay RPRF after the interview which we didnt paid at the time of submission.

now why would you feel the need of typing that answer in bold letters?

if it's not a new file, that the application date is the original one and that's before the new conditional permanent residence law came into place.

even though I don't see why conditional PR would be a problem after all. do you plan on divorcing in the first 2 years after landing?

 

[Rob_TO]

even though I don't see why conditional PR would be a problem after all. do you plan on divorcing in the first 2 years after landing?

The Conditional PR rules could pose problems to genuine couples, where one has to live in another country temporarily due to work or something. The conditional law states that they must live together during the entire 2 years time, which not all couples actually do.

 

[marrgo]

The Conditional PR rules could pose problems to genuine couples, where one has to live in another country temporarily due to work or something. The conditional law states that they must live together during the entire 2 years time, which not all couples actually do.

do you think that if one of the partners has to live temporarily in another country with documents proving that it's for work purposes or, I don't know, to take care of an ill parent, for example, it would be a problem? why? even if the proofs show that the household is still run financially by both of them and the communication is really often and personal and stuff?

 

[Rob_TO]

do you think that if one of the partners has to live temporarily in another country with documents proving that it's for work purposes or, I don't know, to take care of an ill parent, for example, it would be a problem? why? even if the proofs show that the household is still run financially by both of them and the communication is really often and personal and stuff?

The rules are the rules. All the rules say is you must cohabit/live together for 2 years, but you are allowed to be apart for "temporary and short" times, due to work, family, school etc.

Say a spouse got a temporary job for 1 year in another country, and the other spouse had to remain here. Is that still "temporary and short"? Who knows... but i certainly wouldn't want to risk finding out.

 

[marrgo]

The rules are the rules. All the rules say is you must cohabit/live together for 2 years, but you are allowed to be apart for "temporary and short" times, due to work, family, school etc.

Say a spouse got a temporary job for 1 year in another country, and the other spouse had to remain here. Is that still "temporary and short"? Who knows... but i certainly wouldn't want to risk finding out.

how do they even verify if the two are living together? are they doing house visits or ask for residency type documents from time to time?

 

[Rob_TO]

how do they even verify if the two are living together? are they doing house visits or ask for residency type documents from time to time?

They may do random checks during the 2 year conditional period, though this is probably not likely.

Where you could run into trouble is if the PR spouse has been living overseas for example, when they fly back to Canada solo the immigration officer at the airport will easily see that they have conditional PR, and that they've been out of the country for however many months. A few simple questions will easily determine that the sponsor is living in Canada... and hence the spouses are not cohabiting.

Will the border services immigration officer care and report it to CIC, or even be trained to look for this?? Who knows. Personally though I wouldn't want to take the risk.

 

[darelro]

Even if it does - it isn't a bad thing. Conditional permanent residence was one of the couple of things Jason Kenney was right about.

The other item was cracking down on citizenship fraudsters. People who leave Canada as soon as getting their Canadian passport- should be permanently given the boot.

Canadian citizens have rights, one of them it is freedom...including moving.
CIC's problem was in regard with getting the citizenship on false declarations, not what people are doing after getting citizenship.