Spouse Sponsorship Cohabitation Period

[bobisa]

So, I have received a letter that I have been accepted as a Permanent Resident of Canada, and that I need to land before December 26th 2013. I am married in Canada and am currently studying in a university in the United States. My spouse and I have been separated for a few months because I have been waiting for my approval. I did not expect an answer back from immigration that fast, and I have enrolled in a second semester at my university. I applied under the family class in November of 2012, so that means I am subject to the "2 year cohabitation" period in which I must live with my spouse for 2 years, and if I don't, I can have my PR revoked. I will land in Canada before the 26th, and I wanted to go back to the U.S. after winter break to finish up my second semester. Is this possible, or will immigration get suspicious? Right after my semester is over, I plan on going back to Canada and purchasing an apartment with my spouse and studying in a University there, but I would like to finish my one year in the U.S. Any advice/wisdom?

 

[bobisa]

I think I answered my own question. On the CIC site it says that I can ask for an exception to this rule, so there is a possibility that everything will work out. I will call the call center on Monday and update everyone just in case it'll help someone that might be going through the same thing!

 

[SenoritaBella]

Emm... I believe the exception you are referring to is for sponsored spouses or partners suffering abuse or neglect. Here is what the CIC website says: http://www.cic.gc.ca/english/department/media/releases/2012/2012-10-26.asp

It is not a 2-year "cohabitation period" per se, rather, it "requires certain sponsored spouses live in a legitimate relationship with their sponsor for two years or they risk losing their permanent resident status."

This rule is to deter the fraudsters who arrive and abandon their sponsors immediately after. So if you and your wife are in a legitimate relationship and you both agree that you will finish your degree first before moving permanently, then I don't see how this rule will affect you negatively. I would recommend you visit your wife and children at each opportunity you get such as holidays, long weekends, provide for them etc. To be on the safe side, speak to a lawyer and see what they say.

I think I answered my own question. On the CIC site it says that I can ask for an exception to this rule, so there is a possibility that everything will work out. I will call the call center on Monday and update everyone just in case it'll help someone that might be going through the same thing!

 

[bobisa]

Ahh, that's true. It might be for abusive relationships only. Dang it.

Hmm. I really hope you're right! I have already lived with my spouse for 1.5 years under the same roof. I can provide proof of the lease. I can provide documents that I am studying, and I can also provide evidence that I am applying to universities in Canada, plus that I am in constant contact with my spouse while we are separated.

Thank you so much for your help!

 

[Rob_TO]

It is not a 2-year "cohabitation period" per se, rather, it "requires certain sponsored spouses live in a legitimate relationship with their sponsor for two years or they risk losing their permanent resident status."

Yes, it is a cohabitation period. The rule states it quite clearly.
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp
The condition requires the sponsored spouse or partner to cohabit in a conjugal relationship with their sponsor for a period of two years after the day on which they became a permanent resident.

And yes, the "exception" rules seems to ONLY be for either the death of the sponsor, or victims of abuse.

It looks like CIC will use the same rules of "cohabitation" that they do to qualify common-law relationships. So breaks are allowed, but they must be "temporary and short". Of course 1 full year apart, whatever the reason, goes beyond "temporary and short" so the person would definitely NOT satisfy the cohabitation rule.

However that being said, yes the rule is aimed to prevent fraud. I would hope that CIC would recognize cases where the relationship was genuine, and the separation was due to a valid reason (like being enrolled in school in another city). But until we see some actual cases and how they are enforced, nobody can know for sure. I imagine CIC will mainly go after people in which the sponsor has reported the PR for fraud. But do you really want to take the chance and put all this in the hands of CIC?

I don't think talking to a lawyer will help, as they don't know how this will be enforced either, and CIC won't care in the future what a lawyer may have told you. Instead I would call CIC directly, explain the situation, and if possible get something in writing that in this case they would not go after the PR status.

 

[bobisa]

Yep, the definition is clear. We have to live together for two years under the same roof. We would be apart for four months (i'm finishing up my last semester), but that is still not a temporary break. I am hoping that they will look at individual cases because as nice as this new rule is, there are legitimate reasons why you would be apart and still be in a real relationship--for example: taking care of a sick parent. I am definitely not going to rely on being lucky and passing under the immigration radar. I will call the call center on Monday and see what they have to say about the situation. I guess this is a new experience for CIC as much as it is for me, so I hope that they will be more lenient. Meanwhile, I'll go stress about this all weekend until the call centers open. Doesn't everyone just love immigration, haha?

 

[SenoritaBella]

@Rob_TO... thanks for the correction, did not realise there was a "co-habitation period". Looks like this new rule is creating certain huddles even for genuine couples.

 

[Rob_TO]

@ Rob_TO... thanks for the correction, did not realise there was a "co-habitation period". Looks like this new rule is creating certain huddles even for genuine couples.

Ya but in my own opinion, I don't think CIC will be going after cases like this one. The only way CIC would even know the couple here wasn't cohabiting in the first place, is if the border/immigration officer noticed it by asking certain questions when the PR returns to Canada, recognized PR was a conditional PR and had just spent several months apart from spouse/sponsor, and also decided to report it to CIC.

I really doubt that would happen. But still... you never know.

 

[SenoritaBella]

Yeah... really why would they care if the sponsored spouse spent several months apart from sponsor if they both agreed to this? Sometimes, people can't just quit a secure livelihood(job) when they haven't secured a job in Canada yet. So may need to return every couple months in order to help support their family. Many immigrants suffer from depression due to lack of job, etc.

So after 2 years, then what? A fraudster could wait that long, does that now make it genuine? In my opinion, this rule was a knee jerk reaction. Besides it would be interesting to see how they enforce it, considering they did nothing under the previous rules.

Ya but in my own opinion, I don't think CIC will be going after cases like this one. The only way CIC would even know the couple here wasn't cohabiting in the first place, is if the border/immigration officer noticed it by asking certain questions when the PR returns to Canada, recognized PR was a conditional PR and had just spent several months apart from spouse/sponsor, and also decided to report it to CIC.

I really doubt that would happen. But still... you never know.

 

[keesio]

So after 2 years, then what? A fraudster could wait that long, does that now make it genuine? In my opinion, this rule was a knee jerk reaction. Besides it would be interesting to see how they enforce it, considering they did nothing under the previous rules.

True, a fraudster who will do anything to come to Canada would wait. But it is about making it as hard as possible for the fraudster.

Anyway, the new law only seems to come into play (as far as I know) if the sponsor complains to CIC or they get a tip from someone to investigate.

 

[bobisa]

I called CIC today. They don't exempt for anything except abuse and death of a spouse; there's no leniency on this subject. Good luck to everyone, and thank you all for your help.