Establishing/mantaining Residency after receiving PR

[keesio]

True. That instance I mentioned was a case where the sponsor it was a case where they suspected that the sponsor was in on it. When CIC visited, the sponsor didn't know the whereabouts of their spouse and there was no physical evidence of the spouse living there (clothes, toothbrush, etc)

 

[PhBee]

carlabea - one IMPORTANT thing to note is that I don't know if you applied after October 26, 2012, but if you did, you are subject to Condition 51, which requires you to live with your spouse for 2 years after becoming a PR. So if both you and your spouse go back to the US, it is fine. But if you plan on going back to the US by yourself while your spouse stays in Canada, AND you are subject to Condition 51, you a technically violating the Condition and can lose your PR status. That is the big thing I can think of. You weren't clear in your original post if you plan on going back to the US by yourself or if you are subject to Condition 51

Question for those of you who landed a month or two before moving that relates to this.

I checked our ECAS today and it said DM! Shocked Just got PPR on the 24th! Notes said started processing the 26th, so, hopefully that means COPR is on its way? Anyway! To the question - if DH receives his COPR before the end of the month (when he plans to come up here for a visit) he is planning on landing. However, he won't be moving to Canada and/or importing his car until June or so when his lease is up. So!

- Does he have to fill out the B4/B4A form and submit a copy at landing (which 'goods to follow' checked)? Or, can he land and then bring the forms with his goods when he plans to move up?
- Does he have to import his car at the same time as submitting the B4/A forms when he lands, or, does he do this when he's ready to move to Canada?

Say he lands at the end of March, but his lease at his apartment isn't up until the end of June (so, he wouldn't move to Canada until late June/early July: 3 mo after landing) - will this new 'must live together for two years after PR' be impacted by this?

Thanks for your help! Smiley

 

[CdnandTrini]

As Rob mentioned, it is likely that this condition will most often be investigated on request by the sponsor. This condition came about because of complaints by jilted sponsors who felt used by applicants as a way to get PR status and have no recourse. So this condition would all sponsors to report any breakdowns in the relationship to CIC to get their partners removed from Canada. If the sponsor doesn't contact CIC, most likely it is fine (though there *was* some reports of CIC officers making unannounced visits to couples to see if they were living together).

Short visits I imagine are fine. Really it would have to be an extended absence where your spouse actually sets up residency in another country.

Thanks keesio, I also read about the unannounced visits but again, I would think only if something is reported. I don't see any way that CIC could manage that either when they do not even have the capacity to track stats about the fraud that does get reported. Blessings.

 

[CdnandTrini]

Keep in mind the other kind of immigration fraud, in which the sponsor is part of the fraud. Usually this involves an applicant paying cash to a Canadian in order to arrange a fake marriage and sponsor them to Canada. Under the previous PR way, the new PR could just separate shortly after landing in Canada and both parties would go on their separate ways.

However now with the new conditions as they are written, they must actually live together 2 years. Not impossible to do, but also not ideal to a potential fake sponsor to live with a fake spouse (perhaps this has increased the price for this service lol). So obviously in this case, the sponsor would not be reporting anything if the PR actually lived elsewhere, since sponsor was part of the fraud. In these cases it's up to CIC to determine if they are really cohabiting... which could be done through spot checks or by reports of CBSA/immigration officers.

For this reason I can see why CIC wrote the rules as they did. It makes the whole thing a little more tough on genuine couples, but incredibly more tough on fake ones.

From what I have read/seen/understood, writing the rules is one thing, enforcing them seems to be another matter entirely!

 

[Rob_TO]

Say he lands at the end of March, but his lease at his apartment isn't up until the end of June (so, he wouldn't move to Canada until late June/early July: 3 mo after landing) - will this new 'must live together for two years after PR' be impacted by this?

The cohabitation requirement for conditional PR, begins as soon as you officially land as PR. So if he landed and then moved right back to US until July, that would be 3 months where you are not cohabiting and technically not following the conditional rules.

Would anything ever actually happen? Probably not. But just be aware.

From what I have read/seen/understood, writing the rules is one thing, enforcing them seems to be another matter entirely!

I completely agree. I don't think many will be investigated unless for when sponsors actually report separations. But the rules are still there, so one should just be cautious in how far they try to go outside the written rules. Will be interesting to see in the next few years, if people actually start getting their PRs revoked under condition 51.

 

[keesio]

The cohabitation requirement for conditional PR, begins as soon as you officially land as PR. So if he landed and then moved right back to US until July, that would be 3 months where you are not cohabiting and technically not following the conditional rules.

Would anything ever actually happen? Probably not. But just be aware.

PhBee - If I were him, I'd wait until after July to officially land - assuming that the expiry date on his COPR is not before.

 

[PhBee]

PhBee - If I were him, I'd wait until after July to officially land - assuming that the expiry date on his COPR is not before.

He received his COPR today, and he has to land by the end of May. So, he can't land after July. I emailed CIC to check on that, and the officer that responded said it would be okay for him to land and then go back to wrap-up his affairs in the US. We didn't anticipate getting his COPR this early (were thinking it would be around end of May/June so he'd have until July/August to land). The best we could do would be to push the landing as close to the deadline as we can. ???