Common-LAW PR - Would I have Condition 51?

[Rob_TO]

I've heard both stories... people that shouldn't have had Condition 51 getting it, and people that should have it but not getting it.

It could be a concern to people if one of the spouses expects to attend work or school in another city shortly after landing as PR for any extended period of time, so could technically be violating the cohabitation rule even though they are still a genuine couple.

 

[commonlawsponsor]

I've heard both stories... people that shouldn't have had Condition 51 getting it, and people that should have it but not getting it.

It could be a concern to people if one of the spouses expects to attend work or school in another city shortly after landing as PR for any extended period of time, so could technically be violating the cohabitation rule even though they are still a genuine couple.

That's very true. Someone in the Rome thread is a bit worried about this as well for job reasons. But there are certain people on here who seem to care only about getting their PR and sometimes it gets to me...

 

[canadianwoman]

I think not - because though not common law for 2 years before applying they were living together for more than 2 years before applying. Thus on one interpretation that condition is met. Let us know what the visa officer decides.
As for the children, that does not mean you have to be together for more than 2 years AND have children to get a non-conditional visa. One or the other is enough.

 

[screech339]

I think not - because though not common law for 2 years before applying they were living together for more than 2 years before applying. Thus on one interpretation that condition is met. Let us know what the visa officer decides.
As for the children, that does not mean you have to be together for more than 2 years AND have children to get a non-conditional visa. One or the other is enough.

I never said that you have to be together 2 years AND have children to avoid condition 51. It is one or the other. I am merely pointing out that my situation would not have mattered since I met both exemptions whether I failed either one of the exemptions.

 

[canadianwoman]

Sorry - I was replying to the original poster, because I thought he thought the couple had to be together for 2 years and have children for an unconditional PR.