Can I land first and go back to my country? [2 years condition]

[McKenzie]

Hi All,
I received CoPR via DHL on Monday and says I need to land in Canada before December 24, 2014, and I have 2 years condition to cohabit with my common-law partner.
I planned to go to Canada before validation date, land temporary and come back to my country. I will land permanently next year, gonna be in June 2015. As far as I know, PR card will be sent to my partner's address in Canada, and he could ship it to me. There is no concern for the next landing. Anyways,

Condition says:
51. MUST COHABIT IN A CONJUGAL RELATIONSHIP WITH YOUR SPONSOR FOR CONTINUOUS PERIOD OF 2 YEARS AFTER THE DAY ON WHICH BECAME PR.

Means, I need to stay in Canada since I land? Any ideas or similar situation?

 

[Ponga]

You run the risk of losing your PR if you land and then return to your country (without your partner) until June, 2015.

You and your partner need to continue to cohabit for 2 years once you land; that's the whole point of Condition 51.


And for the record, you can't land temporarily and then land permanently at a later date. I suppose you could wait until the last day before your CoPR expires to land, but then you'd still have the Condition 51 requirement.

 

[Kayaker]

That's what it says, and that's what it means.

Of course, whether they enforce it or not, and how they will actually enforce it, will remain to be seen, as it's a new rule tat's only come into effect recently.

My guess is, they will of course take action if the couple split up and the sponsor informs CIC. I'm doubting they would do random house checks (although you never know). What I'd be more worried about in your particular case is that it would be very easy for CIC to know on which date you landed and when you left Canada and for how long - it's all recorded with CBSA. I don't know if you might possibly have problems re-entering as a PR when you come back to Canada after a six month absence, but it's possible.

 

[Kayaker]

You could avoid having problems if your sponsor leaves Canada with you and stays with you until June 2015. That way, you will not be violating Condition 51. You don't have to cohabit in Canada - it can be anywhere in the world.

 

[McKenzie]

Thank you for the reply,
but I know that I have condition and I will stay with him forever, but just it cannot be this year for some reason(my family and work issue), not so soon, I meant.
and I also understand the validation date will not be extend or delay anything.

That is why I made inquiry - land first, and give the detail of my itinerary or whole schedule for next year to immigrant officer.
Just wanted to know you guys have similar situation, because I saw some posts in the other website say she got conditional letter but she planned to land in January first, and permanently land in July something like that.


Regards,
McKenzie

 

[Ponga]

I think you're getting confused:

Landing- Is when you come to Canada (if not here already, present your CoPR and then `land' as a Permanent Resident.

Settling in Canada- Is when you actually move to Canada (if you didn't so so on the day that you landed).



Those without Condition 51, can come to Canada to land and then return to their home country for up to 2 years without the risk of losing their PR. You, however, would not have that same luxury. IMHO, you are really risking your PR if you leave for that long without your partner, but...it sounds like you've already made your decision.

 

[McKenzie]

I think you're getting confused:

Landing- Is when you come to Canada (if not here already, present your CoPR and then `land' as a Permanent Resident.

Settling in Canada- Is when you actually move to Canada (if you didn't so so on the day that you landed).



Those without Condition 51, can come to Canada to land and then return to their home country for up to 2 years without the risk of losing their PR. You, however, would not have that same luxury. IMHO, you are really risking your PR if you leave for that long without your partner, but...it sounds like you've already made your decision.

Oh, I thought the word 'LAND' means stay in Canada permanently. Sorry, haha.
Meaning, I will be the PR since I LAND in Canada before December (date in the letter), so I have to stay in Canada or other country with my spouse. Right?
Only one thing, it is too soon.

...Thank you guys anyways, I seriously need to call CIC call centre via my spouse...
I appreciate your time! Thanks!!

 

[Ponga]

Oh, I thought the word 'LAND' means stay in Canada permanently. Sorry, haha.
Meaning, I will be the PR since I LAND in Canada before December (date in the letter), so I have to stay in Canada or other country with my spouse. Right?
Only one thing, it is too soon.

...Thank you guys anyways, I seriously need to call CIC call centre via my spouse...
I appreciate your time! Thanks!!

Unfortunately, CIC will not care that it's `too soon' and will tell you that you should have planned better. Once they are aware that you and your spouse/partner will NOT be living together after you land in December, they're probably not going to be very sympathetic to your plan.

But...Good luck!

 

[McKenzie]

Unfortunately, CIC will not care that it's `too soon' and will tell you that you should have planned better. Once they are aware that you and your spouse/partner will NOT be living together after you land in December, they're probably not going to be very sympathetic to your plan.

But...Good luck!

Thanks, I will try to figure it out, or, just go to Canada in December! haha... thank you for your time again!

 

[Rob_TO]

...Thank you guys anyways, I seriously need to call CIC call centre via my spouse...

To be honest it will be a waste of time to contact CIC about this. The rules clearly say you must cohabit with your spouse for immediate 2 years after getting conditional PR. If you decide to live outside Canada without your partner after becoming a PR, then you run the risk of being reported by a CBSA officer upon your return to Canada for violating conditional PR obligations. Neither CBSA nor CIC will care what any call centre agent may have told you.

Most likely you won't have any problems if you are still a genuine couple and do not come under CIC's radar, but it's still a risk as nobody can say for sure what'll happen.