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Common Law Partner or Conjugal Partner

Common Law Partner or Conjugal Partner

Old Jun 3rd 2008, 9:29 am
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Default Common Law Partner or Conjugal Partner

Originally Posted by Andrew Miller
Married (opposite sex) couples, common-law and conjugal partners are in the same class. All 3 must prove beyond doubt that their conjugal relationship is a bona fide one, not a relationship of convenience for the immigration purposes. Marriage certificate alone proves nothing more than the fact that wedding took place.
Andrew, my partner and i (19yrs together) are currently applying for a visa - perm residency on skilled visa application. Do you know whether we should tick the married box or the common law partner box - dont want to hold things up and give those in charge a reason to return our application.
Cheers
Des and Chris

Last edited by Biiiiink; Jun 3rd 2008 at 10:40 am. Reason: Moved to new thread - previously tagged on to very old thread
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Old Jun 3rd 2008, 11:14 am
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Default Re: Common Law Partner or Conjugal Partner

Hi

Originally Posted by Des and Chris
Andrew, my partner and i (19yrs together) are currently applying for a visa - perm residency on skilled visa application. Do you know whether we should tick the married box or the common law partner box - dont want to hold things up and give those in charge a reason to return our application.
Cheers
Des and Chris

Assuming you aren't married, then common/law it is.
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Old Jun 3rd 2008, 12:42 pm
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Default Re: Common Law Partner or Conjugal Partner

Originally Posted by Des and Chris
Andrew, my partner and i (19yrs together) are currently applying for a visa - perm residency on skilled visa application. Do you know whether we should tick the married box or the common law partner box - dont want to hold things up and give those in charge a reason to return our application.
Cheers
Des and Chris
If you've been together that long then you'll have no problem documenting it, so it won't be a problem.
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Old Jun 4th 2008, 4:32 am
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Default Re: Common Law Partner or Conjugal Partner

Sorry forgot to mention we have a civil partnership - does that class as being married?
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Old Jun 4th 2008, 4:52 am
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Default Re: Common Law Partner or Conjugal Partner

Originally Posted by Des and Chris
Sorry forgot to mention we have a civil partnership - does that class as being married?
No, it is not the same as being married. A civil partnership still would be classified as a common-law relationship in Canada.

But that's not a problem. From an immigration point of view (and from many other points of view) the Canadian government gives the same weight to a common-law relationship as it gives to a marriage. The only difference is that, in the case of marriage, there's a piece of paper that says you're married. If you happen to have a couple of rugrats (children ), immigration authorities will almost certainly not question the validity of the marriage, especially if you're from a First World country. If you're from a Third World country, they tend to scrutinize things more carefully, to satisfy themselves it's not a marriage of convenience.

In the case of a common-law relationship there's a bit more of a burden of proof. You have to provide evidence of having lived together in a committed, conjugal relationship for at least 12 months. You have to show that you've been sharing living expenses, taking vacations (holidays) together, and that type of thing. Since you've been together for 19 years, it should be easy for you to demonstrate that you are in fact in a common-law relationship, and your civil partnership will back up your claim as well.

From an immigration point of view, you should claim to be in a common-law relationship and not a conjugal relationship. The way Canadian immigration authorities define it, a conjugal relationship is one in which a couple would have liked to have lived together in a common-law relationship or to have married but have not been able to do so, usually for political reasons. A couple of examples that spring to mind are: (1) not being able to get divorced and re-marry because divorce is not allowed in a given country, and (2) being gay in a country in which same-sex relationships are illegal.

Hope that helps.
x
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Old Jun 4th 2008, 4:56 am
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Default Re: Common Law Partner or Conjugal Partner

Judi
You really are the font of all knowledge....if....no when we get to Canada...we'll make a point of buying you a large glass of red if we make it to Calgary!
You're time and effort is very much appreciated!
Thanks
Des and Chris
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