Road To Canada Forums

hi everyone,

happy new year!

i'm sure that this has been answered elsewhere, but i cannot seem to find it. our application (outland common-law via uk) was received in mississauga 30 november 2009, sponsorship approved 23 december 2009. ecas hasn't yet shown any updates in terms of my partner's application status, ie whether it was received in london.

due to money/work, i think i might need to return to canada at the end of february for work. however we don't think that we can afford for my partner to return with me as a visitor (him not working = no money). if i returned to canada and he stayed in scotland, would this cause problems for our application as a common-law couple? i suppose we'd have to let cic know i was back in canada.

would it be better for my partner to come to canada as a visitor with me, optimistically assuming i get a job that can afford to support us both? or he could join me a month or two later? from what i understand, he can come for up to 6 months (perfect as we have to come back to scotland for a wedding in august anyway). but again, if we're apart for a few months, would that impact our application?

i'm a bit concerned about returning to canada alone, as we obviously don't want to do anything to jeopardise the application. any insights?

thanks,
sarah

This is information from the OP2 Processing Manual about common-law qualification, Section 5.34-5.36:

Quote:5.34. Recognition of a common-law relationship
A common-law relationship is fact-based and exists from the day in which two individuals demonstrate that the relationship exists on the basis of the facts. The onus is on the applicants to prove that they are in a conjugal relationship and that they are cohabiting, having so cohabited for a period of at least one year, when the application is received at CPC-M. A common-law relationship is legally a de facto relationship, meaning that it must be established in each individual case, on the facts. This is in contrast to a marriage, which is legally a de jure relationship, meaning that it has been established in law.
5.35. What is cohabitation?
“Cohabitation” means “living together.” Two people who are cohabiting have combined their affairs and set up their household together in one dwelling. To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. 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.
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. Despite the break in cohabitation, a commonlaw 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.

Hope this helps some.

thanks robsluv, that does help :)