Common Law 1yr cumulative cohab

Old Aug 13th 2014, 8:51 pm
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Default Common Law 1yr cumulative cohab

Hi,

Wondering if anyone has any experience regarding or info pertaining my situation.

Me and my partner moved in together June 2013. My WHV expired in August 2013 however I stayed on with a visitor visa until April 2014. At which time I ran out of money and have since returned to the UK to save up for PR. So we didn’t make the 1yr of cohabitation but obviously maintained our relationship, visits to the UK and holiday in Europe etc this summer.

Now I’m planning on going back September 1st, where we will be living together again. Will I then be able to apply for my PR around December with a cumulative 12 months cohabitation ?

All advice or points in the right direction are most welcome.
Kind Regards,
Bri
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Old Aug 13th 2014, 8:59 pm
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Default Re: Common Law 1yr cumulative cohab

Hi, and welcome to the forum.

I'm really sorry to be the bearer of bad news, but no, I don't think you'll be able to apply as you've had such a long break in living together.

You are allowed breaks in cohabitation, but they must be short, the Op Manual says the following:

It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year. The continuous nature of the cohabitation is a universal understanding based on case law.

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. The separation must be temporary and short.


I personally don't think that 5 or 6 months would be considered 'temporary and short', and I think you'll have to start your year again and apply in Sept 2015. Your only other option would be to apply if you don't mind losing the application fees and other costs if you're rejected, but given how strict CIC usually are on this (they've rejected people for just a couple of weeks apart in the past), I don't really see the point personally.

HTH, good luck with it.
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Old Aug 14th 2014, 1:13 am
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Default Re: Common Law 1yr cumulative cohab

I don't want to rain on your parade, but I agree with Oomps... the break was too long. It doesn't help that you actually MOVED apart either; you picked up and actually changed your residence to another country that was not with your girlfriend, so the cohabitation actually broke.

There is some flexibility where maybe one person goes on a three-week holiday; they are nominally still living with their other half and just travelling, but there have been cases where even 3 weeks apart just on vacation has resulted in CIC saying that cohabitation has been broken. So given yours is actually moving your residence, and it's been a few months, chances of your application being successful are pretty slim.

So I agree with Oomps, not worth wasting the application fees applying... when you move back in September you can restart your 12 months living together. The other option is to get married and then apply as a married couple, which you can do right after the wedding.

Good luck.
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Old Aug 14th 2014, 8:21 pm
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Default Re: Common Law 1yr cumulative cohab

Hello

search with - conjugal relationship Canada -

if you can not live together because you have no Status in Canada then about the conjugal relationship is the way.

you find Information and - no you don't have a Problem.

for example:

"Are You Eligible For A Conjugal Partner Visa?

You may apply as a conjugal partner if:

You have maintained a conjugal relationship with your sponsor for at least 1 year;
You have been prevented from living together or marrying because of:
An immigration barrier;... "

Last edited by maximpouska; Aug 14th 2014 at 8:39 pm. Reason: live and not life
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Old Aug 14th 2014, 8:26 pm
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Default Re: Common Law 1yr cumulative cohab

Originally Posted by maximpouska
Hello

search with - conjugal relationship Canada -

if you can not life together because you have no Status in Canada then about the conjugal relationship is the way.

you find Information and - no you don't have a Problem.

for example:

"Are You Eligible For A Conjugal Partner Visa?

You may apply as a conjugal partner if:

You have maintained a conjugal relationship with your sponsor for at least 1 year;
You have been prevented from living together or marrying because of:
An immigration barrier;... "
Nice idea but that wouldn't work I'm afraid, conjugal is only for people that really can't live together (perhaps because homosexuality is illegal in their home country, and they can't get a TRV to get married in Canada, for example).

The OP could have stayed in Canada and only left for work reasons, which isn't good enough for conjugal, plus they can get married at any time, so conjugal isn't relevant to them.

HTH.
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Old Aug 14th 2014, 8:37 pm
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Default Re: Common Law 1yr cumulative cohab

Hello

sorry -
that's an old myth - and in 2014 outdated.

this information is all around but today just BS - sorry.
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Old Aug 14th 2014, 8:51 pm
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Default Re: Common Law 1yr cumulative cohab

Originally Posted by maximpouska
Hello

sorry -
that's an old myth - and in 2014 outdated.

this information is all around but today just BS - sorry.
If it's an 'old myth', it seems rather odd that it's still current regulations then? You might want to read the following, which are from section 5.45 of the current Op Manual:

"What is a conjugal partner?

This category was created for exceptional circumstances – for foreign national partners of Canadian or permanent resident sponsors who would ordinarily apply as common-law partners but for the fact that they have not been able to live together continuously for one year, usually because of an immigration impediment.

In most cases, the foreign partner is also not able to marry their sponsor and qualify as a spouse.

If a Canadian and a foreign national can get married or can live together and establish a common-law relationship, this is what they are expected to have done before they submit sponsorship and immigration applications.

In the immigration context, there are some exceptional circumstances where a Canadian is in a conjugal relationship with a foreign national partner and would ordinarily sponsor that person as a common-law partner, but the two have not been able to live together continuously for one year, usually because immigration rules prevent them from long stays in one another’s countries. As well, for these individuals, marriage is usually not an available option. The conjugal partner category is mainly intended for partners where neither common-law partner status nor marriage is possible, usually because of marital status or sexual orientation (both analogous grounds of discrimination under the Charter), combined with an immigration barrier.

For example, the foreign partner may be married but comes from a country where divorce is not possible or the Canadian and partner may be in a same-sex relationship. In both cases, the partners probably will not be able to obtain long-stay visas in order to live together in one another’s country and meet the cohabitation requirement for common-law partners. Because the other option – marriage – is not available to these couples, they are permanently separated. This is unfair and discriminatory. The conjugal partner category provides the ability for a Canadian in these circumstances to sponsor the foreign national partner. It is not intended to be used to avoid the usual requirement to be a spouse or common-law partner before immigrating.

The conjugal-partner applicant should explain why they have not been able to live continuously with their sponsor for at least one year. In most cases, there will be an immigration impediment to continuous cohabitation (e.g., inability to obtain long-stay visas for one another’s country). Non- cohabitation for purely personal or economic reasons (i.e., did not want to give up a job or studies) does not normally qualify as a sufficient impediment, but should be assessed on a case-by-case basis.

Although the intention of the conjugal-partner category is to accommodate those few Canadians with foreign partners who can neither marry nor live together, inability to marry cannot be an absolute requirement, since this could have the effect of “forcing” those couples to marry who may have chosen not to do so. "


As above, conjugal is really only for exceptional circumstances, and only for those that cannot marry or live together - the OP could do both, he's not stopped from doing either, so wouldn't qualify under that category.

Hope that clarifies it for you.

Last edited by christmasoompa; Aug 14th 2014 at 9:09 pm.
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Old Aug 15th 2014, 1:09 am
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Default Re: Common Law 1yr cumulative cohab

+1 for what Oompa said. Conjugal is when you legally cannot live together - there is nothing to stop the OP from getting married, or from them going to each other's countries as a visitor.

OP - conjugal is NOT an option for you. Please do not take incorrect advice. This is a very good thread on another forum where a conjugal application was rejected simply because the couple could legally get married. Frustrated!!!PLEASE HELP, Leon or anybody. Conjugal Partnership e-mail.

Because there is absolutely nothing stopping from either OP or his other half from getting married in either Canada or the UK, conjugal does not apply.

THe application was refused and they ended up getting married and applying as spousal. Refused, Re-apply or Appeal? (the thread gets hijacked on the second page)

CIC is going to see their application, say "uhhh you can get married in either country..." and give a big fat refusal. So no, conjugal is not an option.
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Old Aug 28th 2014, 5:15 am
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Default Re: Common Law 1yr cumulative cohab

Hello everyone, so coming off of all the information you have listed I'm now concerned about my situation. Me and my partner got together in September 2011 and moved in the following year in august 2012 lived together for one year then moved to Argentina together In June 2013 we travelled around a bit and lived mainly in one place. I then landed a job in Canada and I started the process of pnp. (Here's the complicated part) I decided to return to England whilst my girlfriend who is Argentinian had to stay because of our small dog we decided to get together, in Argentina(getting him to the uk is a very long process) so I returned home for roughly 2 months to sort out my pnp application. I then decided as the process was quoted 14-16 weeks to return to south America to visit for 2 months then when my holiday and visit to my girlfriend was up we could move to Canada together. Unfortunately for me I returned two weeks ago to be notified the times are now 5-6 months so I will again be separated potentially an additional 2 months whilst waiting on my nomination.

She is part of my pnp so I'm sure we won't have a problem in getting work permits when/if approved I'm just now concerned if we will be able to claim common law status for her pr ?

Any help would be appreciated as she is considering to fly to England prior to canada to live with me whilst we wait this out.
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Old Aug 28th 2014, 5:18 am
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Default Re: Common Law 1yr cumulative cohab

I have records of our tenancy agreement back in 2012 aswell as our flight confirmations when we decided to move aswell as my flight bookings back and forth to Argentina. Do they accept photo evidence and an explanation to the cause of our separation. Due to misleading information from the pnp office
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