Does Conditional Permanent Resident rule apply to me?

[chakrab]

i think this is a good thread for my query. i have always been confused by this line

"you and your sponsor have been in a relationship for two years or less"

so what is defined as the start of relationship? dating, engagement, living together, common-law, marriage?

also two years before application or getting the PR? and what happens, if a person has 51, after the additional two years?

 

[zardoz]

It means a "formal" relationship, such as married or common-law. it does NOT mean dating, engaged or even living in the same location. You must be cohabiting. It also means BEFORE the date of application. There is a statement about this somewhere on the CIC web site. If I can track it down, I'll update this post with the citation. Meh, let's go back to the actual law. Same page as my previous link...

72.1 (2)(b)

(b) at the time the sponsor filed a sponsorship application with respect to the person under paragraph 130(1)(c) had been the spouse, common-law partner or conjugal partner of the sponsor, as applicable, for a period of two years or less; and

See http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp

For examples see the chart below:

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 has cohabited in a common-law [Note 1] relationship for two years or less; and
Do not have any children in common.

Condition does not apply if:

Couple is married for more than two years; or
Couple have been in a conjugal relationship for more than two years; or
Couple has cohabited in a common-law [Note 1] relationship for more than two years; or
Have children in common.

[1] Common-law Partner, as described in s.1 (1) of IRPR, 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.

 

[chakrab]

+1. thanks for the clarification. i thought the same.

so what happens after two years, the condition just goes into oblivion or CIC has to be notified?

 

[zardoz]

+1. thanks for the clarification. i thought the same.

so what happens after two years, the condition just goes into oblivion or CIC has to be notified?

Oblivion. You don't need to do anything.

 

[screech339]

Oblivion. You don't need to do anything.

That's the default assumption at the moment. Have to wait until sometime in 2015-16 to hear from anyone who have 2 years lapse since landing as PR will we can confirm what happens after 2 years has passed.

 

[zardoz]

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp

2.5 Processing Instructions for cases that have met the condition

The condition ends two years after the day on which the sponsored person becomes a permanent resident. GCMS will automatically remove the tracking of the condition once the conditional period ends, except for cases under investigation. The permanent resident status of these individuals does not differ from that of other permanent residents apart from the requirement that they cohabit in a conjugal relationship with their sponsor for a period of two years after the day on which they became a permanent resident.

 

[screech339]

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp

Oh cool thanks zardoz for the link. Now I can answer the question properly next time someone asked to same question. I don't want to make statements without backed up documentations.

 

[Double Rainbow]

Hi Everyone What happens if the application is submitted 2012 visa denied had an ADR Appeal meeting won and now hub by will be getting his PR very soon. Will hubby be still under teh old rule or the new conditional? We married May 2012 We just had our 2nd wedding anniversary. This is confusing I thought it was when they land also Sorry guys for asking but I just wnat to be clear to know 100% Thankyou all in advance

 

[screech339]

Hi Everyone What happens if the application is submitted 2012 visa denied had an ADR Appeal meeting won and now hub by will be getting his PR very soon. Will hubby be still under teh old rule or the new conditional? We married May 2012 We just had our 2nd wedding anniversary. This is confusing I thought it was when they land also Sorry guys for asking but I just wnat to be clear to know 100% Thankyou all in advance

I think you may fall under the no conditional clause since CIC was dealing with your first and only application the whole time. If you were to re-submit a new application, before your 2 years of marriage was up, you would have had conditional PR.

Screech339

 

[zardoz]

Hi Everyone What happens if the application is submitted 2012 visa denied had an ADR Appeal meeting won and now hub by will be getting his PR very soon. Will hubby be still under teh old rule or the new conditional? We married May 2012 We just had our 2nd wedding anniversary. This is confusing I thought it was when they land also Sorry guys for asking but I just wnat to be clear to know 100% Thankyou all in advance

I suspect that as you are still working on the original application from mid-2012, it should not apply to your case.

 

[Double Rainbow]

Thankyou so much Screech339 and zardoz :-* ;D 8)

 

[screech339]

Thankyou so much Screech339 and zardoz :-* ;D 8)

You're welcome.