Brian

I lived with my partner for over a year, but presently he is in the U.S.
finishing up college. I'm in Canada on a work permit. I applied under
skilled worker category, and wrote down my partner as my common-law partner.

I'm thinking they would assess my app by the end of this year in Buffalo,
and my partner just got a job offer in the U.S. So by the time they assess
my app, he'll be in the U.S. working on H-1B, and I will be in Canada on a
work permit. Would this become a problem? we're gonna be visiting each other
on a monthly basis and keep our relationship.

Please let me know. Thanks.

Andrew Miller

Yes, it can be a serious problem. Regulations provide clear definition of
common-law partner:

----------------------------------------------------------------------------
"common-law partner" means, in relation to a person, an individual who is
cohabiting with the person in a conjugal relationship, having so cohabited
for a period of at least one year.
----------------------------------------------------------------------------

Please pay attention to the phrase "is cohabiting" in the above definition.
Seems that you are conjugal partners, not common-law ones - so' your partner
is not your dependant common-law partner in your application. Fact that you
are visiting each other is irrelevant. You clearly don't meet the
definition.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"Brian" <[email protected]> wrote in message
news:[email protected]...
    > I lived with my partner for over a year, but presently he is in the U.S.
    > finishing up college. I'm in Canada on a work permit. I applied under
    > skilled worker category, and wrote down my partner as my common-law
partner.
    > I'm thinking they would assess my app by the end of this year in Buffalo,
    > and my partner just got a job offer in the U.S. So by the time they assess
    > my app, he'll be in the U.S. working on H-1B, and I will be in Canada on a
    > work permit. Would this become a problem? we're gonna be visiting each
other
    > on a monthly basis and keep our relationship.
    > Please let me know. Thanks.

Brian

Thanks for your reply. However, according to OP 5.35,
"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."

It also lists employment as one of the reasons why common-law partners may
live separately.

So, in my case, do you think RPC will make this a problem and require an
interview?

Thanks.

"Andrew Miller" <[email protected]> wrote in message
news:KnHOb.36060$n44.11162@clgrps13...
    > Yes, it can be a serious problem. Regulations provide clear definition of
    > common-law partner:
    > --------------------------------------------------------------------------
--
    > "common-law partner" means, in relation to a person, an individual who is
    > cohabiting with the person in a conjugal relationship, having so cohabited
    > for a period of at least one year.
    > --------------------------------------------------------------------------
--
    > Please pay attention to the phrase "is cohabiting" in the above
definition.
    > Seems that you are conjugal partners, not common-law ones - so' your
partner
    > is not your dependant common-law partner in your application. Fact that
you
    > are visiting each other is irrelevant. You clearly don't meet the
    > definition.
    > --
    > ../..
    > Andrew Miller
    > Immigration Consultant
    > Vancouver, British Columbia
    > email: [email protected]
    > (delete REMOVE from the above address before sending email)
    > ________________________________
    > "Brian" <[email protected]> wrote in message
    > news:[email protected]...
    > > I lived with my partner for over a year, but presently he is in the U.S.
    > > finishing up college. I'm in Canada on a work permit. I applied under
    > > skilled worker category, and wrote down my partner as my common-law
    > partner.
    > >
    > > I'm thinking they would assess my app by the end of this year in
Buffalo,
    > > and my partner just got a job offer in the U.S. So by the time they
assess
    > > my app, he'll be in the U.S. working on H-1B, and I will be in Canada on
a
    > > work permit. Would this become a problem? we're gonna be visiting each
    > other
    > > on a monthly basis and keep our relationship.
    > >
    > > Please let me know. Thanks.
    > >
    > >

Andrew Miller

Section 5.35 you are referring to is taken from OP 02 - Family Class and
applies to sponsored common-law partners.

You applied in Skilled Workers class. Expect at least some problems proving
that you met the definition of common-law partners at the time of
application and continue meeting such throughout entire process. Yes, it may
mean the interview needed to determine the bona fide of relationship and
meeting the definition.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"Brian" <[email protected]> wrote in message
news:[email protected]...
    > Thanks for your reply. However, according to OP 5.35,
    > "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."
    > It also lists employment as one of the reasons why common-law partners may
    > live separately.
    > So, in my case, do you think RPC will make this a problem and require an
    > interview?
    > Thanks.
    > "Andrew Miller" <[email protected]> wrote in message
    > news:KnHOb.36060$n44.11162@clgrps13...
    > > Yes, it can be a serious problem. Regulations provide clear definition
of
    > > common-law partner:
    > >
    > --------------------------------------------------------------------------
    > --
    > > "common-law partner" means, in relation to a person, an individual who
is
    > > cohabiting with the person in a conjugal relationship, having so
cohabited
    > > for a period of at least one year.
    > --------------------------------------------------------------------------
    > --
    > >
    > > Please pay attention to the phrase "is cohabiting" in the above
    > definition.
    > > Seems that you are conjugal partners, not common-law ones - so' your
    > partner
    > > is not your dependant common-law partner in your application. Fact that
    > you
    > > are visiting each other is irrelevant. You clearly don't meet the
    > > definition.
    > >
    > > --
    > >
    > > ../..
    > >
    > > Andrew Miller
    > > Immigration Consultant
    > > Vancouver, British Columbia
    > > email: [email protected]
    > > (delete REMOVE from the above address before sending email)
    > > ________________________________
    > >
    > >
    > > "Brian" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > I lived with my partner for over a year, but presently he is in the
U.S.
    > > > finishing up college. I'm in Canada on a work permit. I applied under
    > > > skilled worker category, and wrote down my partner as my common-law
    > > partner.
    > > >
    > > > I'm thinking they would assess my app by the end of this year in
    > Buffalo,
    > > > and my partner just got a job offer in the U.S. So by the time they
    > assess
    > > > my app, he'll be in the U.S. working on H-1B, and I will be in Canada
on
    > a
    > > > work permit. Would this become a problem? we're gonna be visiting each
    > > other
    > > > on a monthly basis and keep our relationship.
    > > >
    > > > Please let me know. Thanks.
    > > >
    > > >
    > >
    > >

Andres

HI BRIAN,

I have the same problem than you, me and my partner are currently
living in different countries. Even though, we lived together for more
than a year.

Mr. Millers answers really freak me out. Could u please give me your
email or something. I have so many questions to ask you, we are about
to file our application but we are not sure how to proof our
relationship.

Thanks.

andrew



"Andrew Miller" <[email protected]> wrote in message news:<tdKOb.32441$Eq.8948@clgrps12>...
    > Section 5.35 you are referring to is taken from OP 02 - Family Class and
    > applies to sponsored common-law partners.
    >
    > You applied in Skilled Workers class. Expect at least some problems proving
    > that you met the definition of common-law partners at the time of
    > application and continue meeting such throughout entire process. Yes, it may
    > mean the interview needed to determine the bona fide of relationship and
    > meeting the definition.
    >
    > --
    >
    > ../..
    >
    > Andrew Miller
    > Immigration Consultant
    > Vancouver, British Columbia
    > email: [email protected]
    > (delete REMOVE from the above address before sending email)
    > ________________________________
    >
    >
    > "Brian" <[email protected]> wrote in message
    > news:[email protected]...
    > > Thanks for your reply. However, according to OP 5.35,
    > > "According to case law, the definition of common-law partner should be
    > read
    > > as "an individual who is (ordinarily) cohabiting". After the one year
    > period
    > > of cohabitation has been established, the partners may live apart for
    > > periods of time without legally breaking the cohabitation."
    > >
    > > It also lists employment as one of the reasons why common-law partners may
    > > live separately.
    > >
    > > So, in my case, do you think RPC will make this a problem and require an
    > > interview?
    > >
    > > Thanks.
    > >
    > > "Andrew Miller" <[email protected]> wrote in message
    > > news:KnHOb.36060$n44.11162@clgrps13...
    > > > Yes, it can be a serious problem. Regulations provide clear definition
    > of
    > > > common-law partner:
    > > >
    > >
    > > --------------------------------------------------------------------------
    > > --
    > > > "common-law partner" means, in relation to a person, an individual who
    > is
    > > > cohabiting with the person in a conjugal relationship, having so
    > cohabited
    > > > for a period of at least one year.
    > >
    > > --------------------------------------------------------------------------
    > > --
    > > >
    > > > Please pay attention to the phrase "is cohabiting" in the above
    > definition.
    > > > Seems that you are conjugal partners, not common-law ones - so' your
    > partner
    > > > is not your dependant common-law partner in your application. Fact that
    > you
    > > > are visiting each other is irrelevant. You clearly don't meet the
    > > > definition.
    > > >
    > > > --
    > > >
    > > > ../..
    > > >
    > > > Andrew Miller
    > > > Immigration Consultant
    > > > Vancouver, British Columbia
    > > > email: [email protected]
    > > > (delete REMOVE from the above address before sending email)
    > > > ________________________________
    > > >
    > > >
    > > > "Brian" <[email protected]> wrote in message
    > > > news:[email protected]...
    > > > > I lived with my partner for over a year, but presently he is in the
    > U.S.
    > > > > finishing up college. I'm in Canada on a work permit. I applied under
    > > > > skilled worker category, and wrote down my partner as my common-law
    > partner.
    > > > >
    > > > > I'm thinking they would assess my app by the end of this year in
    > Buffalo,
    > > > > and my partner just got a job offer in the U.S. So by the time they
    > assess
    > > > > my app, he'll be in the U.S. working on H-1B, and I will be in Canada
    > on
    > a
    > > > > work permit. Would this become a problem? we're gonna be visiting each
    > other
    > > > > on a monthly basis and keep our relationship.
    > > > >
    > > > > Please let me know. Thanks.
    > > > >
    > > > >
    > > >
    > > >
    > >
    > >