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

[Ponga]

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

It also doesn't mean that they're not reporting it, right?

 

[Ponga]

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.

I wonder how that's going to fly with Canadians, when they find out what their promise really means. This will in no way grant a spouse or partner immediate PR, like they've been boasting about.

 

[CDNPR2014]

It also doesn't mean that they're not reporting it, right?

exactly! no one knows what is happening with that information and what it's being used for. for all we know the data is just sitting there *in case* it's needed.

 

[Ponga]

exactly! no one knows what is happening with that information and what it's being used for. for all we know the data is just sitting there *in case* it's needed.

Which is why someone with conditional PR should think about the possible consequences, because they will be knowingly violating the condition...even as people here say "you should be fine".

 

[CDNPR2014]

Which is why someone with conditional PR should think about the possible consequences, because they will be knowingly violating the condition...even as people here say "you should be fine".

true. still, the odds are very slim that anything would actually happen unless it was reported and given the recent political exposure, i doubt it's a high priority right now.

 

[mikeymyke]

I wonder what could be so urgent that she has to leave for that long and if she really needed to be there physically

 

[ifeedly]

its not about CIC/CBSA bothering to check.
whoever enters Canada gets scanned automatically thats what they do at every port.

the condition imposed on you is of "COHABIT IN A CONJUGAL RELATIONSHIP" that does not mean that you have to be within 50 feet of each other.
it simply means you have to cohabit -means live together in a conjugal relation (as partners in a marriage) have a house, have a joint account, contribute to creating a family together and live as conjugal partners.
Remember that the application you filed was of getting sponsored and the underlying reason was that you guys cant wait to be together and start a life together as long as that aspect stays true you are ok.

you going for a few weeks will have no effect as its the two of you together aspect that matters and just receiving PR does not means you can just drop everything and jump into your new life. if the previous chapters needed to be closed then you need to close them and thats it.. even if questions are raised at any given stage just be straight forward and answer truthfully.

however, if there are circumstances that may be questioned later and it turns out that the relationship was not genuine then all hell breaks loose and applicant loses PR.

 

[Ponga]

its not about CIC/CBSA bothering to check.
whoever enters Canada gets scanned automatically thats what they do at every port.
Not exactly; only those that get pulled into Secondary Inspection are `really' screened.

the condition imposed on you is of "COHABIT IN A CONJUGAL RELATIONSHIP" that does not mean that you have to be within 50 feet of each other.
it simply means you have to cohabit -means live together in a conjugal relation (as partners in a marriage) have a house, have a joint account, contribute to creating a family together and live as conjugal partners.
Remember that the application you filed was of getting sponsored and the underlying reason was that you guys cant wait to be together and start a life together as long as that aspect stays true you are ok.

you going for a few weeks will have no effect as its the two of you together aspect that matters and just receiving PR does not means you can just drop everything and jump into your new life. if the previous chapters needed to be closed then you need to close them and thats it.. even if questions are raised at any given stage just be straight forward and answer truthfully.
Um...The OP stated that she will be going [alone] for 2-3 MONTHS, not weeks.

however, if there are circumstances that may be questioned later and it turns out that the relationship was not genuine then all hell breaks loose and applicant loses PR.

 

[ifeedly]

with Thanks to Ponga


There are two types of screening 1) primary 2) secondary
during primary screening the passport is scanned as in every time we enter we go to CBSA officer and they check our passports thereby recording the movement of individuals.


Evidence of cohabitation

Evidence of cohabitation that could be used to confirm whether a sponsored spouse or partner is cohabiting with their sponsor may include:

-joint bank accounts or credit cards;
-joint ownership of residential property;
-joint residential leases;
-joint rental receipts;
-joint utilities accounts (electricity, gas, telephone);
-joint management of household expenditures;
-evidence of joint purchases, especially for household items;
-correspondence addressed to either or both parties at the same address;
-important documents of both parties show the same address, for example, identification documents, driver’s licenses, insurance policies, etc.;
-shared responsibility for household management, household chores, etc.;
-evidence of children of one or both partners residing with the couple;
-telephone calls.
These elements may be present in varying degrees and not all are necessary to prove cohabitation. This list is not exhaustive; other evidence may be taken into consideration.

While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short.


Evidence of a conjugal relationship

Factors that can be considered in determining whether the sponsored spouse is in a conjugal relationship include:

-shared shelter (for example, sleeping arrangements);
-sexual and personal behaviour (for example, fidelity, commitment, feelings towards each other) in instances where an interview is warranted;
-services (for example, conduct and habit with respect to the sharing of household chores);
-social activities (for example, their attitude and conduct as a couple in the community and with their families);
-economic support (for example, financial arrangements, ownership of property);
-children (for example, attitude and conduct concerning children);
-the societal perception of the two as a couple.
This list is a set of elements which, when taken together or in various combinations, may constitute evidence of interdependency. It should be kept in mind that these elements may be present in varying degrees and not all are necessary for a relationship to be considered conjugal.

 

[Ponga]

with Thanks to Ponga

You're welcome.



While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short.

DING DING DING...We have a winner!
This is EXACTLY the point; nobody knows what CIC means by `temporary and short', but the overwhelming consensus is that anything more than a couple of weeks is pushing it.

 

[ifeedly]

that also depends upon what the emergency is and thats why I quote "Remember that the application you filed was of getting sponsored and the underlying reason was that you guys cant wait to be together and start a life together as long as that aspect stays true you are ok."

not knowing something also opens that aspect for interpretation and judicial review.

the barrier which have been put by lawmakers are there for a reason.

what is temporary and short could be adjudicated and argued.

 

[Aquakitty]

I just read a case on CanlII where Condition 51 was the issue, so they do enforce it. It was a recent case, which I was surprised at because I assumed perhaps they wouldn't be so strict in enforcing it with the new government. Unfortunately I can't find it, nor can I remember what lead to the enforcement, but it was recent.

I'll try to find it when I have more time, or maybe someone else can.

 

[Rob_TO]

what is temporary and short could be adjudicated and argued.

If you read the complete CIC guides on Condition 51 rules, in defining cohabitation they link specifically to cohabitation definitions from the common-law qualifying sections of the manuals. This most likely means the expectation is the same.

For common-law qualifying, a separation of 3 months would cause the cohabitation to be considered ended in all cases, no matter the reason for the separation. So you should apply the same reasoning to condition 51.

Of course as mentioned, even if you violate condition 51 the chances of having PR revoked is quite small unless the sponsor has reported a breakdown in relationship. But on a technical level, one should assume a 3 months break is in violation of condition 51 no matter the reason for the break.

 

[GG and B]

I'm probably gonna be in the same situation as Lalalarey and can completely understand the worry.

The reason for it is that I will have to land within the 12 months of the medical exam as far as I understand and getting the PR granted very close to the date that the medical expires is quite possible. The problem is 1: I have to give my landlord 3 month notice, 2: I have to quit my job and 3: I have to figure out how to ship my personal belongings over to Canada. I can't do any of that before I don't know when my PR will be granted. In fact, the CIC website tells you not to quit your job or anything before approval.

Let's say I have a month or so to land. I will have to go to Canada, request my PR card and then leave again for at least 3 months to sort everything out.

I am super worried about this especially since I've read many times now that I shouldn't be leaving for more than 2 weeks after requesting the PR card. The thought of not being able to come back into Canada when I have figured everything out and my stuff is on its way is terribly scary.

 

[CDNPR2014]

The thought of not being able to come back into Canada when I have figured everything out and my stuff is on its way is terribly scary.

you will not be refused entry into canada if you land as a pr and return home! CBSA can not refuse you entry if you have valid PR status. In fact, i don't think they can even refuse entry if you're a pr and haven't met the residency obligations. All CBSA is able to do is note it in their system and notify CIC if they suspect something is up with residency obligations. again, you are free to leave and enter canada whenever you want when you become a pr, and while yes it's important to be aware of condition 51 obligations, do you really think a random CBSA officer is going to know you have "condition 51" attached to your pr? this is something that CIC is concerned about, NOT CBSA. They are separate entities and don't follow the same standards for a lot of things. From my experience many CBSA agents don't know the correct rules about PR obligations anyway. CBSA agents aren't going to be screening every single pr, asking them to prove the number of days they have been living in canada upon every reentry, ask PRs if they have condition 51 attached, or refuse entry because they are suspicious about the length of time you've been out of canada. again, CBSA does not have the authority to refuse you entry once you are a landed pr. it's really not something to worry about so relax.

While this type of thing may be "normal" in other parts of the world, in North America, we can travel freely without the fear of such hassles, assuming you have the legal right to do so (Which having PR status means!).