Help with the conditional residence measure

[markmcd85]

Was wondering if anyone could clarify this for me.

The quote from the news release states :

"The new regulations apply to spouses or partners in a relationship of two years or less and who have no children in common with their sponsor at the time they submit their sponsorship application. The spouse or partner must live in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada"

My wife lives in Seattle and she is a Canadian citizen. I live in the UK and want to move to Vancouver to be closer. We have been in an relationship for 4 years, lived together for 3 and been married since December 2012. The first line of the conditional residence measure states relationships two years or less have to live together for two years or more. If I moved to Canada we would not be living together as she would still be USA for two years. Would I be able to apply for a visa through her or would I be classed under this new measure even though our relationship is longer that the two years stated years?

Thanks for any help!

 

[scylla]

There's another wrinkle you will have to overcome first.

In order to sponsor you while living outside of Canada, your wife will have to provide concrete proof that she plans to return to Canada to live there once your PR visa has been approved. If she has no plans to do so and can't provide the proof required, then sponsoring you for Canadian PR is premature. And she should wait until she's actually ready to relocate to Canada before she submits the application. In the meantime, you can look at the possibilities of accompanying her in the US as her spouse (presumably he's on some sort of work visa).

 

[sakamath]

The "conditional PR" measure is not for "applying" but once you get your PR status. You can apply for a PR if your spouse is eligible to sponsor you. The "conditional PR" measure is to deter people from marrying Canadian residents for the sole purpose of getting into Canada and then abandoning their spouse. If you are married and continue to stay married, you do not have to worry about this issue.

 

[zardoz]

The "conditional PR" measure is not for "applying" but once you get your PR status. You can apply for a PR if your spouse is eligible to sponsor you. The "conditional PR" measure is to deter people from marrying Canadian residents for the sole purpose of getting into Canada and then abandoning their spouse. If you are married and continue to stay married, you do not have to worry about this issue.

It is not enough that they "are married and continue to stay married".

They MUST live together as well. See http://www.gazette.gc.ca/rp-pr/p2/2012/2012-11-07/html/sor-dors227-eng.html

REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS

AMENDMENT

1. The Immigration and Refugee Protection Regulations (see footnote 1) are amended by adding the following after section 72:

DIVISION 8

CONDITION APPLICABLE TO CERTAIN PERMANENT RESIDENTS

Condition

72.1 (1) Subject to subsections (5) and (6), a permanent resident described in subsection (2) is subject to the condition that they must cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident.

So, being in two separate geographical locations will not comply with this condition and the PR is at risk.
Therefore the "wrinkle" noted by Scylla is actually a show-stopper for this situation anyway.

 

[sakamath]

I may have to beg to differ. "cohabit in a conjugal relationship with their sponsor" is not equal to "cohabit in a single dwelling". There are any number of cases where one spouse lives in Canada and the other works abroad.

Of course, the intent to move to Canada - as mentioned by Scylla - should be overcome first.

 

[zardoz]

And, just so that there is NO possible confusion about this... see the Operational Bulletin at http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp which gives the new rules AND the definition at http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp#appb

Appendix B – Definitions

Cohabitation
Means to “live together.” Two people who are cohabiting have combined their affairs and set up their household together in one dwelling.
While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations and so on. Any periods of separation must be temporary and short.

Conjugal Relationship
Is interpreted as being a relationship where individuals are interdependent – financially, socially, emotionally, and physically – where they share household and related responsibilities, and where they have made a serious commitment to one another.

 

[cempjwi]

It will be up to the VO to determine whether your recent marraige does not bar you from obtaining the cohabitation policy due to your previous relationship status (apparently common-law).

The new policy may not apply to you if the VO decides to override your marriage date with the period you cohabitated in the past. However, unless there are acceptable reasons for the separation, you may have broken the cohabitation requirement and therefore your marriage date will apply.

As another poster said, you are subject to your sponsor returning to Canada by the time you become a permanent resident. Because of the new rule (if it applied to you), you will have to prove a conjugal relationship for the 2yrs immidiately after becoming a PR in Canada, which you cannot prove unless you are living together (yes, that is part of the requirement). Although separations due to work abroad are acceptable, you must be able to prove that your sponsor made the efforts to be with you in Canada, which eveidently may not be clear if she will never actually live with you because of her job in Seattle (before and after the application). If CIC is not satistified, your PR will be revoked and you will be asked to leave Canada.