How to ask for Condition 51 change?

[shortyp2000]

I believe that they gave my hubby and I condition 51 by mistake.
We have been married 5 years and have 2 children.
I did order caips notes and they had listed as being married in 2013, but we advised them that they were wrong.
Now, we have no worries about having the condition, we dont plan on ever being apart, but I thought we wouldnt have it. Now someome told me I can ask CIC but do I email my VO? Hubby is landed already.

 

[Jamesdavid3]

Its NOTHING to worry about as it will automatically disappear in 2-3 years, In your situation it will be more of a problem to get it changed than to do nothing.

It's crazy to think that I didn't get Condition 51 when I should have.

 

[zardoz]

I believe that they gave my hubby and I condition 51 by mistake.
We have been married 5 years and have 2 children.
I did order caips notes and they had listed as being married in 2013, but we advised them that they were wrong.
Now, we have no worries about having the condition, we dont plan on ever being apart, but I thought we wouldnt have it. Now someome told me I can ask CIC but do I email my VO? Hubby is landed already.

The time to have had it removed was before you landed. By landing, you have effectively closed the application process. However, should it ever come down to the point of it being an issue, you will almost certainly win on appeal as it was applied not in accordance with the law. In other words, an administrative error by CIC.

On the other hand, the reverse is probably true of someone who should have had it applied to their application but was omitted due to administrative error by CIC. If it came to CIC's attention, they might enforce it regardless because there is nothing in the legislation that permits them to choose not to apply it if the prerequisite conditions are present.

 

[Ponga]

The time to have had it removed was before you landed. By landing, you have effectively closed the application process. However, should it ever come down to the point of it being an issue, you will almost certainly win on appeal as it was applied not in accordance with the law. In other words, an administrative error by CIC.

On the other hand, the reverse is probably true of someone who should have had it applied to their application but was omitted due to administrative error by CIC. If it came to CIC's attention, they might enforce it regardless because there is nothing in the legislation that permits them to choose not to apply it if the prerequisite conditions are present.

Makes sense.

So all it takes is for someone to convince CIC that they need to investigate their own screw-up? Sounds like a daunting task, but...I'm sure there are people up to the task.

 

[Aquakitty]

The time to have had it removed was before you landed. By landing, you have effectively closed the application process. However, should it ever come down to the point of it being an issue, you will almost certainly win on appeal as it was applied not in accordance with the law. In other words, an administrative error by CIC.

On the other hand, the reverse is probably true of someone who should have had it applied to their application but was omitted due to administrative error by CIC. If it came to CIC's attention, they might enforce it regardless because there is nothing in the legislation that permits them to choose not to apply it if the prerequisite conditions are present.

That's a really good point, in their case it's an error (which CIC is full of it seems, heh) so it would never be enforced. No point in thinking of this as a definitive issue, it'd be an easy matter to prove differently if it ever came to that in shorty's case. I personally would not go through the stress of dealing with CIC again over it, shortyp2000.

 

[shortyp2000]

Ok thank you!
See, they make mistakes and dont like to admit when they do. But anyway, its ok. I will just leave it. They could have made it 383626 years we have to live together, we are fine with that lol