Appealing condition 51 on grounds of UN position

[ski]

Hello everyone,

Happy new year . My wife landed on December 24 and has condition 51 on her COPR. She had been working with the United Nations (UNESCO) in Kabul, Afghanistan as a education specialist. She works with countries experiencing war and struggling to maintain education systems as a result. She is done with her stay in Kabul which was a one year contract. But because of her work in Kabul, she has been requested to take up a position in Hamburg, Germany with UNESCO again for a year to help overall coordination of education in war affected countries (Afghanistan, South Sudan, Palestine etc). She would have to leave in a month if she decides to accept this position.

So my question is - is it possible to request an exemption from condition 51 on the grounds that she is working with the UN and in a humanitarian role? I checked up the CIC site and it only lists exemption on the grounds of abuse and neglect. The problem is she will be leaving the country and if she comes back alone and the officer at the airport looks at her file with condition 51, he/she might report it. Do you think this will happen? There is talk that condition 51 will be repealed soon but I wouldn't want to assume that will happen. Any other suggestions?

Thanks in advance.

 

[zardoz]

I don't believe that you will gain an exemption for what is essentially a lifestyle choice. However, it's unlikely that you would ever have to face this issue.

 

[ski]

Thanks for the response. Will CIC only investigate if the sponsor reports the sponsored spouse for abandonment? That is if the marriage breaks down and there is no sign of abuse or neglect? In the case of couples living apart in Canada there is little chance that CIC will investigate random cases. But if she leaves the country and comes back there will be a record of exit and entry.

Thanks again.

 

[zardoz]

Generally, IRCC have better things to do than checking up on everyone. They have mentioned the ability to perform random checks but I don't think that we have seen any examples reported. If she were to be stopped in secondary and subjected to interrogation on the compliance with Condition 51, that would be incredibly bad luck. I suspect that IRCC work on information received for the most part.

 

[ski]

Thanks again. Yes, I too guessed so. They won't do anything unless they receive a complaint. If she gets caught at the border, it would be rotten luck. If she decides to take the job, it would be a risk we take.

 

[Sous02]

Hello everyone,

Happy new year . My wife landed on December 24 and has condition 51 on her COPR. She had been working with the United Nations (UNESCO) in Kabul, Afghanistan as a education specialist. She works with countries experiencing war and struggling to maintain education systems as a result. She is done with her stay in Kabul which was a one year contract. But because of her work in Kabul, she has been requested to take up a position in Hamburg, Germany with UNESCO again for a year to help overall coordination of education in war affected countries (Afghanistan, South Sudan, Palestine etc). She would have to leave in a month if she decides to accept this position.

So my question is - is it possible to request an exemption from condition 51 on the grounds that she is working with the UN and in a humanitarian role? I checked up the CIC site and it only lists exemption on the grounds of abuse and neglect. The problem is she will be leaving the country and if she comes back alone and the officer at the airport looks at her file with condition 51, he/she might report it. Do you think this will happen? There is talk that condition 51 will be repealed soon but I wouldn't want to assume that will happen. Any other suggestions?

Thanks in advance.

She is still living and married to you just working somewhere else. that is not the kind of situation CIC is worried about.

 

[keesio]

Thanks again. Yes, I too guessed so. They won't do anything unless they receive a complaint. If she gets caught at the border, it would be rotten luck. If she decides to take the job, it would be a risk we take.

If you are really risk adverse, you can always decide to accompany her on her trips back to Canada.

 

[Aquakitty]

If you are really risk adverse, you can always decide to accompany her on her trips back to Canada.

That's a good idea (provided they can afford it). Plan your visits with her returns.