Does this rule apply to me?

[confused.waiting]

Hi eveybody, thank u in advance for answering my question.
ok, my relationship with my wife started in Oct 2010, and we got married in Dec 2011. we have no kid. and we havent filed the paper work yet.
i am wondering if the new conditional permanant residency rule applies to me? which is following

Effective October 25, 2012, sponsored spouses or partners must now live together in a legitimate relationship with their sponsor for two years from the day they receive permanent residence status in Canada.

If you are a spouse or partner being sponsored to come to Canada, this applies to you if:

You are being sponsored by a permanent resident or Canadian citizen
You have been in a relationship for two years or less with your sponsor
You have no children in common
Your application was received on or after October 25, 2012

does this apply to me?

 

[fandv]

Hi eveybody, thank u in advance for answering my question.
ok, my relationship with my wife started in Oct 2010, and we got married in Dec 2011. we have no kid. and we havent filed the paper work yet.
i am wondering if the new conditional permanant residency rule applies to me? which is following

Effective October 25, 2012, sponsored spouses or partners must now live together in a legitimate relationship with their sponsor for two years from the day they receive permanent residence status in Canada.

If you are a spouse or partner being sponsored to come to Canada, this applies to you if:

You are being sponsored by a permanent resident or Canadian citizen
You have been in a relationship for two years or less with your sponsor
You have no children in common
Your application was received on or after October 25, 2012

does this apply to me?

The new rule started becoming effective as of 25 October 2012. When you submit your paperwork, obviously it will be after that date, so it will apply to you.

But hold on, the rule also says that if you've been in the relationship (i.e.: marriage) for 2 years or less then the rule applies to you. You got married in Dec 2011, which means that if you file your paperwork before your 2nd wedding anniversary (Dec 2013), the rule will apply to you.....

 

[confused.waiting]

So 2 years will be counted from the day we got married? Why not from the day, our relationship started?

 

[mikeymyke]

Why should it start from the day your relationship started? The two years thing is not a big deal, it protects the sponsor from having his/her spouse doing a quick divorce, and then staying in Canada. This law protects the sponsor, and doesn't affect you negatively in anyway if you're in a real relationship/marriage, unless you planned on coming Canada and then quickly divorcing your spouse, so don't need to worry about it.

 

[CanadianJeepGuy]

So 2 years will be counted from the day we got married? Why not from the day, our relationship started?

Why does that even matter? This tactic it only to make it more distasteful to people who want a MOC. Adding a two year probationary period won't matter to legimate couples because the expectation is they will remain married long after the 2 years. This adds a level of potential protection for sponsoring spouses who might be duped into a MOC and allows the government the right to revoke the PR if the marriage dissolves before the two year period.

 

[confused.waiting]

We are not worrying about it.
We are planning to move down south after i get my landing status.
As the rule states, we have to maintain our relationship, does long distance counts too? Or we have to live together as after landing in Canada i will be going down south n my wife will join me after a while.
Is that gona be a prob?

 

[CanadianJeepGuy]

We are not worrying about it.
We are planning to move down south after i get my landing status.
As the rule states, we have to maintain our relationship, does long distance counts too? Or we have to live together as after landing in Canada i will be going down south n my wife will join me after a while.
Is that gona be a prob?

Down south where?

 

[confused.waiting]

Ecuador

 

[CanadianJeepGuy]

Ecuador

LOL. To maintain your PR status you have to have lived in Canada for 2 years out of 5. If you do not plan to live here why do you want residency?

 

[mikeymyke]

Yeah they won't give you PR, unless you plan on living Canada for 2 out of 5 years. And if you plan living in Ecuador, why would you need a Canada PR?

 

[confused.waiting]

We want PR coz we will going to Ecuador twice a year n also live in canada.

 

[CanadianJeepGuy]

We want PR coz we will going to Ecuador twice a year n also live in canada.

Which country will be your primary residence?

 

[confused.waiting]

Canada of course. Thats why we are confused
our plan is to file paper n go down south n wait for process in Ecuador, once landed then i will going to south again n my wife will join me after few months.
Is that gona be a problem?

 

[Leon]

If you are living with your Canadian wife outside Canada, your days will also count towards the PR residency requirements. Immigration will not revoke your PR just because you happen to be living outside Canada after 2 years or even if you are sometimes long distance. If your wife says you are still together, I am sure immigration will have no problem. This new rule is meant for cases where the sponsored spouse runs off on the sponsor shorts after getting their PR. There have been cases where the sponsored spouse landed in Canada and did not even contact their sponsor after arriving or tell them that they landed. There have been cases where a sponsored spouse left their sponsor as soon as the PR card came in the mail. Immigration wants such people to lose their PR.

 

[CanadianJeepGuy]

Canada of course. Thats why we are confused
our plan is to file paper n go down south n wait for process in Ecuador, once landed then i will going to south again n my wife will join me after few months.
Is that gona be a problem?

As along as you live in Canada for 2 years out of every 5 years then it won't be a problem to maintain your residency. I believe its also possible to apply from outside Canada but you have to be able to prove that once the PR is granted you will be returning to Canada.