Condition 51 Question

[Mariac819]

Hello Everyone -

I attempted to search the forums for condition 51 topics but I get every single thread with the word "condition" in it! lol

So I hope someone doesn't mind answering my question.



I know that Condition 51 applies when:


Yes, if your application was received on or after October 25, 2012.

Yes, if you have been in a relationship of two years or less and do not have children in common with your sponsor.

And doesn't apply WHEN:

No, if you have been in a relationship with your sponsor for more than two years.

No, if you had children in common with your sponsor at the time of your sponsorship application.


Now my question:

The two years they state for "in a relationship" - Are they counting total length of time of a relationship from dating, to engagement to marriage. OR just the length of time you have been married?

 

[rhcohen2014]

2 years married or commonlaw. not total relationship time.

 

[Ponga]

CIC published an Operational Bulletin regarding conditional PR earlier this year (OB 480). Here's what it states in section 2.3:

Condition applies if:

Couple is married for two years or less; or
Couple dated for four years, but is married for two years or less; or
Couple have been in a conjugal relationship for two years or less; or
Couple have cohabited in a common-law [Footnote 1] relationship for two years or less; and
Do not have any children in common.

(Here's Footnote 1)-

Footnotes

Footnote 1

Common-law Partner, as described in s.1 (1) of the Regulations, means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.
-----------

So, based on that I would agree with rhcohen2014.

 

[keesio]

One thing that trips up people is common-law. Note that it is 2 years from the date common-law status was established... People often get confused into thinking it is when they first started living together... when actually the clock officially starts after the couple has already lived together for a year and became common-law.

 

[Ponga]

Excellent point.

 

[Mariac819]

Ok so we have been together for 5 years but married less than 2 years so I will get condition 51 right?

It doesn't matter to us but I am curious what to expect

 

[truesmile]

. . . and no kids, YES you will.

 

[Kopje]

Ok so we have been together for 5 years but married less than 2 years so I will get condition 51 right?

It doesn't matter to us but I am curious what to expect

The only chance condition 51 will not apply to you is if you have lived together for at least 3 years prior to your application.

Bit as you are saying condition 51 doesn't really matter ... it's really just a technicality.

 

[Mariac819]

The only chance condition 51 will not apply to you is if you have lived together for at least 3 years prior to your application.

Bit as you are saying condition 51 doesn't really matter ... it's really just a technicality.

Great, Thank you! ... I just like knowing what to expect. I hate the unknown! I had a hard time understanding their page when I read it. I appreciate everyone's answers.