common law spouse working in another city will this affect his residency?

[stomer]

My common law just got his residency in quebec, montreal, i agreed to take care of him for 3 years. We live together in gatineau quebec. He got a job offer in montreal and we where wondering if he would lose his sponsorship/ residency card for moving to another city and working there? since he will be living in a separate address from me whilst he works in montreal

thanks you

 

[Leon]

He got his permanent residency? Does he have the condition that you must stay together for 2 years after getting his PR? If that is the case, as long as you say you are still together but you are temporarily living apart because of the job situation, nobody will do anything to his PR. Even though immigration mostly requires and unbroken period of 12 months in order to prove common law for immigration purposes, it is still accepted that common law partners are well as married couples may live apart because of job or related situations. For example, live in caregivers can declare their common law partners on their work permit applications and years later as they have been in Canada working can apply with their common law partners on their applications even though they have then lived apart for years due to the live in caregiver working in Canada.

 

[PMM]

HI

He got his permanent residency? Does he have the condition that you must stay together for 2 years after getting his PR? If that is the case, as long as you say you are still together but you are temporarily living apart because of the job situation, nobody will do anything to his PR. Even though immigration mostly requires and unbroken period of 12 months in order to prove common law for immigration purposes, it is still accepted that common law partners are well as married couples may live apart because of job or related situations. For example, live in caregivers can declare their common law partners on their work permit applications and years later as they have been in Canada working can apply with their common law partners on their applications even though they have then lived apart for years due to the live in caregiver working in Canada.

The OP was asking about the spouse moving to another city. If he has condition 51 on his PR card and they are living apart, CIC will probably take action.

 

[stomer]

We wherent given a requirement. The only thing the immigration officer asked was "are you willing to take full responsibility for him for 3 years?" That was it.. So I'm guessing if he does move to montreal for work for 1 year it shouldn't affect his pr card even though we are not living together

 

[PMM]

Hi

We wherent given a requirement. The only thing the immigration officer asked was "are you willing to take full responsibility for him for 3 years?" That was it.. So I'm guessing if he does move to montreal for work for 1 year it shouldn't affect his pr card even though we are not living together

Look at his PR card under conditions. If 51 is listed, then you have to live together.

 

[Rob_TO]

Does he have the condition that you must stay together for 2 years after getting his PR? If that is the case, as long as you say you are still together but you are temporarily living apart because of the job situation, nobody will do anything to his PR.

Condition 51 does not state that couples may live apart for any reason or that it's ok to not cohabit if you remain a couple, it just states they must cohabit for 2 years after getting PR, period. While most people hope/expect that CIC will make allowances for people investigated for living apart but are seen to still be a genuine couple, nobody knows what they will actually do.

I would recommend to anyone to simply follow the rule if they have Condition 51, and live together the entire 2 years. CIC has rejected PR apps in general for countless genuine couples, so there is no guarantee they will be lenient on people found in violation of Condition 51 simply because they are a genuine couple.

 

[stomer]

on my confirmation of permanent residence there are no conditions 00:none does that mean me and my common law can live in separate cities? she lives in gatineay qc and i will be transferring to montreal qc.

thanks

 

[Leon]

on my confirmation of permanent residence there are no conditions 00:none does that mean me and my common law can live in separate cities? she lives in gatineay qc and i will be transferring to montreal qc.

thanks

If there is no condition on your PR, there is no problem. Did you apply for sponsorship before October 2012 or were you already together more than 2 years when you applied or did you already have children together when you applied? Any one of those would exempt you from condition 51.

 

[stomer]

We had been living together for about 4 years prior to applying for the PR card. The only thing we where told when get the final approval was that "she is responsible for me and my well being for 3 years" if that's the case I won't have to worry about moving to montreal to learn French. We thought we had to live together for the duration of time or else the common law would be broken we would get in trouble!

With conditions like the one we have! Does it matter how long we don't live under the same address?

Thank you!

 

[Leon]

We had been living together for about 4 years prior to applying for the PR card. The only thing we where told when get the final approval was that "she is responsible for me and my well being for 3 years" if that's the case I won't have to worry about moving to montreal to learn French. We thought we had to live together for the duration of time or else the common law would be broken we would get in trouble!

With conditions like the one we have! Does it matter how long we don't live under the same address?

Thank you!

If you have no condition on your PR, then it doesn't matter how long you don't live together or even if you break up completely. She will still be responsible for you for 3 years as per the sponsorship agreement.

The 2 year condition was made to deter fraud marriages where the sponsored spouse gets PR and then takes off right away. Earlier, immigration couldn't do much about such cases and now they can because of that condition. However, as you were living together for 4 years before applying, you are exempt from that condition.

 

[stomer]

Awesome! Thank you very much for your knowledge

Thanks you