Condition 51

[jahking]

I have a question. I hope I can get help from experts. How does Cic proves or disproves condition 51?

 

[truesmile]

No. They apply it where they see that any of the exemption criteria have not been met. The onus is on you to include with your application, truthful evidence that would exempt you from the condition. In other words, YOU have to prove it to them, not them to you.

 

[jahking]

Thanks

 

[Lady_Ashka]

Just curious - I will probably get the condition (if my app is approved, hopefully!), and it's fine, but I am curious what the condition is exactly, is it the same as for the common law cohabitation (so no breaks longer than, say, 2 weeks), or is it ok to, for instance, visit family for 3 weeks (my hubby might not always be able to come with me)?

 

[CDNPR2014]

Just curious - I will probably get the condition (if my app is approved, hopefully!), and it's fine, but I am curious what the condition is exactly, is it the same as for the common law cohabitation (so no breaks longer than, say, 2 weeks), or is it ok to, for instance, visit family for 3 weeks (my hubby might not always be able to come with me)?

the condition is that you have to live with and cohabitate with your sponsor for 2 years after landing. this isn't suggesting the PR can't make trips by themselves for a short time. There really is no issue living your life normally. You are free to travel without your sponsor assuming you plan to come back within a reasonable amount of time. When a person goes on a longer trip by themselves (2+ months) for whatever reason, it's assumed they aren't "cohabitating" with their spouse and they are really residing somewhere else. this is where the condition gets sticky. it's not guaranteed CIC will actually find anything out. as far as anyone knows, the only way CIC finds out is if someone actually reports the break in cohabitation or a relationship breakdown to CIC.

 

[keesio]

Just curious - I will probably get the condition (if my app is approved, hopefully!), and it's fine, but I am curious what the condition is exactly, is it the same as for the common law cohabitation (so no breaks longer than, say, 2 weeks), or is it ok to, for instance, visit family for 3 weeks (my hubby might not always be able to come with me)?

Just my own opinion but I agree with CDNPR2014 and say up to 2 months would be completely fine. CIC doesn't seem to aggressively look to enforce condition 51 on their own so as long as you are legit living with your spouse and no one contacts CIC, there shouldn't be any problems

 

[Lady_Ashka]

Thanks guys! Of course, I wouldn't even want to be away from my spouse that long! But I was thinking of maybe going to visit my family at some point for around 3 weeks, and I was just curious of we have to keep the times away as closely to max. 2 weeks as possible as in the case of the cohabitation requirement for CL PR, or if it's defined somewhere for the Condition how long being away is ok. Thanks for the clarification!

 

[keesio]

Thanks guys! Of course, I wouldn't even want to be away from my spouse that long! But I was thinking of maybe going to visit my family at some point for around 3 weeks, and I was just curious of we have to keep the times away as closely to max. 2 weeks as possible as in the case of the cohabitation requirement for CL PR, or if it's defined somewhere for the Condition how long being away is ok. Thanks for the clarification!

2 weeks is nothing. 3 weeks is fine too.

If you had a lot of red flags with your original application, then there is a small chance that CIC may follow up on their own. If you had no (or minimal) reg flags and your application was processed without issue, there is almost no chance they will followup, and will count on the sponsor to contact them of any breakdown. I say "almost" because you never know, but it is really highly unlikely.

 

[CDNPR2014]

Thanks guys! Of course, I wouldn't even want to be away from my spouse that long! But I was thinking of maybe going to visit my family at some point for around 3 weeks, and I was just curious of we have to keep the times away as closely to max. 2 weeks as possible as in the case of the cohabitation requirement for CL PR, or if it's defined somewhere for the Condition how long being away is ok. Thanks for the clarification!

2-3 weeks is a reasonable length of time for vacation, so i wouldn't consider it an issue and doubt CIC will either. there's a 0-slim chance they ever would.