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Will my Permanent Residency be conditional?

Alurra71

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Owl29 said:
Now I am more confused, so if I decide to work in the cruise or as a truck driver, technically I can jeopardize my PR? As I won't be home every night?
Or is it about your residence address?
I am just quite curious what is the purpose of this condition then and is it fair that you are not allowed to support your family with some jobs? :)
I think for the most part, that there are going to be some 'concerns' about a relationship like this, but if neither spouse addresses it and CIC brings it up, then each spouse could easily explain the situation and why it is like this.

I think Condition 51 is really more for the sponsor, as sort of safety net, to assist them with those spouses who only use them for PR then bail as soon as they land.

I can't say positively, because the first waves of conditional pr's are just now passing their 2 year marks, and no real 'issues' have yet been spoken about here but I suspect that a scenario such as you describe here would not flag CIC.
 

Gemmie

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Now, it is the sponsor who would usually be the one to call the CIC and say something
as the condition is meant to be a protection for the sponsor against marriage fraud,
now most certainly a sponsor would not be calling on marriage fraud if he was a truck driver
and if he isn't leaving the country would be difficult for CIC to even know about that. Or even
bother to check, since a red flag would not be thrown up by the sponsor.
 

Owl29

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I am actually curious now if this condition actually worked and someone was removed from Canada due to marriage fraud.
I think it is cool that sponsors have this option at least, but the question does it really work in practice. Time will show.

I understand that if your relationship is genuine and you work as a truck diver there are no chances to have red flag, but still technically this chance exist and this part didn't make any sense, as I thought that condition was about maintaining genuine relationship, but not necessary spending all nights under the same roof :) I guess I was wrong.
 

Rob_TO

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Owl29 said:
I understand that if your relationship is genuine and you work as a truck diver there are no chances to have red flag, but still technically this chance exist and this part didn't make any sense, as I thought that condition was about maintaining genuine relationship, but not necessary spending all nights under the same roof :) I guess I was wrong.
FYI here are the rules: http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp
Condition 51 requires cohabitation which means you must live together under the same roof for 2 years.

The majority of cases will be where the sponsor reports the applicant to CIC if there's a breakdown in the relationship. However another kind of PR fraud is when a sponsor is paid money to fake a realtionship and sponsor someone for PR. In this case, of course the sponsor won't be reporting anything if the couple goes there separate ways after the applicant gets PR.

So CIC will probably do some random checks as well, to see if conditional PRs are following the rules. Though I imagine these cases to be rare.
 

SeulDansMonBocal

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For me cohabitation in this case isn't necessarily sleeping every night together but rather living at the same address. So condition 51 is fulfilled by staying in a geniune relationship at the same address as your spouse for 2 yrs.
 

Rob_TO

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SeulDansMonBocal said:
For me cohabitation in this case isn't necessarily sleeping every night together but rather living at the same address. So condition 51 is fulfilled by staying in a geniune relationship at the same address as your spouse for 2 yrs.
CIC indicates the rules for cohabitation are the same as qualifying for common-law status.

So while you may still have the same address on paper, if you are physically separated from your partner for long periods of time for work or school, that could technically violate the cohabitation requirement. Though if still in a genuine relationship with lots of proof of this, it's unlikely CIC would actually do anything about it even if it came to their attention.
 

screamingmoon

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I didn't know if it was different in any way from normal. If it just means we live together then I dont even care about it. I was just worried because we might have to live outside of canada for a year or two and didnt know if this meant anything. We'd still be living together. We might not have to. It just depends.
 

Rob_TO

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screamingmoon said:
I didn't know if it was different in any way from normal. If it just means we live together then I dont even care about it. I was just worried because we might have to live outside of canada for a year or two and didnt know if this meant anything. We'd still be living together. We might not have to. It just depends.
Conditional PR rules don't say anything about where in the world you're living, as long as it's together.
 

keesio

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taffy7 said:
Its about living with your partner. If one was to get a job on a cruise ship for instance and was apart for months at a time this could possible affect the condition 51
Yup. It would have to be long extended periods of time. If you had a job where a few days out of the month you are on the road, that is not an issue. You'd have to be away for weeks at a time before it would be an issue.