Orlaith

Hi all,
Just a little observation.
All the Juners (like myself) are starting to fall outside the average time for DM from sponsorship approval. Also it seems like the Juners are also outside the average time when it comes to going "in process" to DM. The average I can tell from the spreadsheet is somewhere between a few days to two weeks. I am closing out on my sixth week "in process". I"m finding the daily wait, turning into the weekly wait, to the monthly wait - excruciating. I see from the 2012 spreadsheet that people did get DMs in January. Fingers crossed we start to see some movement soon…..

UKHR

Thanks alot for the heads up........ I just received an email from the London office stating that my application is in the final stage and requesting passport copy etc!!!!

I am now concerned as I had been planning to 'land' at the end of this uear but I had submitted my medical back in July 2013 and thus worriee that I will not have enough timevto tie things up here.

I read the rules on spousa visal conditions and would appreciate peoples feedback...... Ive been in a relationship for 4.5 years ....so if i land this summer and come back to the UK and return at the end of the year would I be contravening the conditions?? As the conditions apply to couples in relationships of less than two years and without children.

My wife is a medical student in Canada so will not be able to come back with me to the UK after I land in Canada

Worried worried worried!!!

SchnookoLoly

Passport request is a great sign!! You should have COPR in the next few weeks I would think - likely by the end of January, assuming you send your passport off quickly! Congrats!!

The rule about living together says that you and your sponsor must live together for 2 years from the time you become a PR, which means, from the time you land.

That rule only came into effect in 2013, so no one has really experienced how strict it is yet, and whether cases like yours are given any leeway or not. If you search around the forum and on CanadaVisa, most people say to obey the rule and not "wait and see" - that is, move and live together from the time you land. No one knows how they'll enforce it as no one has had to face it yet, but if it were me, I wouldn't be taking the chance. However, as you said, you have been with your partner for more than two years, so it doesn't sound like the rule applies to you anyway.

Wording from CIC's website (emphasis mine):

Jim Humphries

When did you marry?

UKHR

Married in June 2013 (we had been in a relationship for 4 years at that point) and have not be living together since as i reside inthe UK and my partner in Canada.

Thanks for the insight so far, the rules do clearly spell out 2 years or less and no children so hoping my circumstances are exempt?

SchnookoLoly

Unless you have to have been married for 2 years...

UKHR

The more I read up on this the more relaxed I am becoming....... the condition became effective for applications received on or after 25th October 2012 and for those who were in a relationship for 2 years or less at the time of the application and do not have children..............

In every guidance this is stated so I think I'm safe and the condition will not be attached to my visa..... I hope I'm not coming across as arrogant without wisdom from the above statement but I think this new condition is a bit misleading until you look into some of the fine printing!!!

SchnookoLoly

You need to be one hundred percent sure about the definition of relationship. I will put money on them meaning two years as legal partners, not two years dating. (Legal partners being either two years married or two years common law.)

If I had to guess, as far as CIC is concerned, you have not been in a relationship for more than two years, legally.

But I don't know that for sure, just my guess.

UKHR

Thanks alot for all your input.... im still not 100% assured myself to be honest....
I have emailed CIC also so will wait and see.

Just hoping they will come back with a reasonable solution.....back to biting nails!!

SchnookoLoly

Do post back once you get an answer as it will be interesting to know what they have to say about it.

UKHR

I definately will do......Ive read up a faor amount and the amendment to attach a condition was introduced to deter 'sham' marriages. In terms of my context, without sounding arrogant, ive been in a relationship for over 4.5 years, married for 7months now, professional background and am a British citizen so the risk of a sham marriage would be lower in comparison to lets say a developing country, bearing in mind Im requesting to land in December or to land in the summer and return to the UK to permanently move to Canada in December but my fear is will CIC follow the rules to the book or be pragmatic (if the rule is at all applicable to my circumstances)!?

I hope the latter.....

SchnookoLoly

I agree the chances of it being a sham marriage are slim, but CIC isn't going to bend a rule for you because of it. Either two years means married for two years or it does not, which means either the condition applies to you or it does not. There isn't really a middle ground with this. So best to find out the actual definition instead of just guessing or hoping for some kind of special dispensation, which isn't going ot be given. Rules are rules.

christmasoompa

It's easy enough to check the 'fine printing' on the CIC website, which defines 'relationship'.

From the website:

"The Condition does not apply if:

Couple is married for more than two years; or

Couple have been in a conjugal relationship for more than two years; or

Couple has cohabited in a common-law relationship for more than two years; or

Have children in common.

Condition applies if:

Couple is married for two years or less; or

Couple dated for four years, but is married for two years or less; or

Couple have been in a conjugal relationship for two years or less; or

Couple has cohabited in a common-law relationship for two years or less; and

Do not have any children in common."

I've not read your previous posts, but if you've lived together for 2 years or more (length of marriage is irrelevant) then the condition won't apply to you, if you've not lived together then it will.

HTH.

SchnookoLoly

^ Awesome, thanks Oompa. You rock.

UKHR

Thanks Oompa........I think based on that the condition looks like it will apply....

Im not concerned about the condition applying so long as I can land at the end of this year but doesnt look like its going that way....

Alarm bells for me