Moved: Question about the legality of Common Law status.
Jun 22nd 2007, 7:08 am
#1
Just Joined
Thread Starter
Joined: Jun 2007
Posts: 3
Moved: Question about the legality of Common Law status.
Hi Guys,
Nice site, Ive got a quick question about being sponsored as spousal in common law. He is a quick few details about my visits :
Arrival Date – Length of stay
15/04/03 - 2 weeks visitor
12/08/03 - 6 month’s visitor
19/05/04 - 1 year open work visa
15/08/06 - 2 weeks visitor
03/05/07 - 2 weeks visitor
I know its been a while since the one year we stayed together, but our relationship has been on going and is still there, I have read over the whole package and are ready to apply and I have most of our documentation/supporting evidence ready for this, however we are a little worried about being defined as common law. Someone kindly showed me this on another forum -
I do believe this is valid for us however, when I said I stayed in canada for the one year as above, it wasnt fully one year, it was 7 days short, question is, will this defunct our application as common law.
Nice site, Ive got a quick question about being sponsored as spousal in common law. He is a quick few details about my visits :
Arrival Date – Length of stay
15/04/03 - 2 weeks visitor
12/08/03 - 6 month’s visitor
19/05/04 - 1 year open work visa
15/08/06 - 2 weeks visitor
03/05/07 - 2 weeks visitor
I know its been a while since the one year we stayed together, but our relationship has been on going and is still there, I have read over the whole package and are ready to apply and I have most of our documentation/supporting evidence ready for this, however we are a little worried about being defined as common law. Someone kindly showed me this on another forum -
"5.36. How can someone in Canada sponsor a common-law partner from outside Canada when
the definition says “is cohabiting”?
According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for
employment or education-related reasons, and therefore do not cohabit at present (see also 5.44 for information on persecution and penal control). Despite the break in cohabitation, a common-law relationship exists if the couple has cohabited continuously in a conjugal relationship in the
past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.
This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.
For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists."
the definition says “is cohabiting”?
According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for
employment or education-related reasons, and therefore do not cohabit at present (see also 5.44 for information on persecution and penal control). Despite the break in cohabitation, a common-law relationship exists if the couple has cohabited continuously in a conjugal relationship in the
past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.
This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.
For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists."
Last edited by scotteuk; Jun 22nd 2007 at 7:41 am. Reason: stopid question removed!
