About living separately after apply as common-law

[Tomorisu]

Hi there,

I have a question. This is not my situation, but I'd like to know.....

At the guide, CIC says the following,
If you are in a common-law relationship, you can sponsor the person as your common-law partner
・regardless of his or her sex, and
・you are cohabiting in a conjugal relationship and have done so for at least one year.

But CIC doesn't mention about the continuation after sending applications, I think. I couldn't find anything about it at CIC site.

Well, applicant can live separately from sponsor until they get DM? For example, a man (he is Canadian) and a woman (she is Not Canadian) have lived together more than one year and then applied as a common-law couple. As her visa expired and she wanted to work, she went back to her country. They say they are continuing their relationship. But they don't live together now. In that case, are they considered as a common-law couple? They don't have a problems?

Though I don't think they are considered as a common-law relationship, I'm not sure.

 

[zardoz]

If they have, at some time in the recent past, qualified as a common-law couple (ie 12 months co-dependent cohabitation), then they can be apart for the PR application process, especially where the sponsor is PR and therefore MUST reside in Canada during the application process. Having said that, if you are doing an inland PR application, I think other rules may apply with regard to the principal applicant residing in Canada.

I have just double checked the CIC web site and the inland processing documentation. It states the following

(http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp)

You may sponsor your spouse or common‑law partner if he or she meets the following requirements:

lives with you in Canada,
has a valid passport or travel document,
is 16 years of age or older,
is your spouse or common‑law partner for genuine reasons and not primarily to obtain permanent resident status in Canada.

I think that if the first of these conditions is no longer true, the application dies.

 

[Tomorisu]

@zardoz Thank you for your reply. In their case, they applied OUTLAND. So, sponsor lives in Canada, but applicant lives in her country now. I'm still confused.

 

[zardoz]

In that case, I don't think that there is a problem. They just need to show that the relationship between them is alive and kicking. Lots of contact via phone, email or post will help.

 

[costaudjoe]

In this thread the OP suggests sending information showing the relationship is ongoing: http://www.canadavisa.com/canada-immigration-discussion-board/submit-proof-t141571.0.html

Food for thought.

 

[Rob_TO]

Hi there,

I have a question. This is not my situation, but I'd like to know.....

At the guide, CIC says the following,
If you are in a common-law relationship, you can sponsor the person as your common-law partner
・regardless of his or her sex, and
・you are cohabiting in a conjugal relationship and have done so for at least one year.

But CIC doesn't mention about the continuation after sending applications, I think. I couldn't find anything about it at CIC site.

Well, applicant can live separately from sponsor until they get DM? For example, a man (he is Canadian) and a woman (she is Not Canadian) have lived together more than one year and then applied as a common-law couple. As her visa expired and she wanted to work, she went back to her country. They say they are continuing their relationship. But they don't live together now. In that case, are they considered as a common-law couple? They don't have a problems?

Though I don't think they are considered as a common-law relationship, I'm not sure.

Don't worry, as long as you are applying outland its very common that common-law partners are not living together during the application. This is due mainly to visa reasons... where the sponsor is a PR so must stay in Canada, or if the sponsor is Canadian but can't extend visa to reside in their partners country.

Read more here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
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.

 

[Tomorisu]

@zardoz, costaudjoe, Thanks for your reply.

@Rob_TO, Thanks for telling me PDF. It's very useful. Thank you. If the reasons are 'armed conflict, illness of a family member, or for employment or education-related reasons', I can understand that CIC accepts the common-law relationship exits.
Then, how about the next case? Sponsor can support his partner in Canada. But she wants to work and goes back to her country. ( In this case, before she leaves Canada, she doesn't have an employment agreement. She will try to find a job and she will work until she gets DM. )
Does CIC agree their relationship is common-law, even if the reason of separation is above?

 

[costaudjoe]

The way to understand "employment or education related reasons" is the person needs to work to make money (as most of us do ;-))

 

[Rob_TO]

The way to understand "employment or education related reasons" is the person needs to work to make money (as most of us do ;-))

Agreed. CIC clearly states employment is a suitable reason to temporarily live apart after establishing common-law. Of course the goal here is that you would want to be living again together as soon as possible... or in this case as soon as your partner gets PR and can get a SIN here in Canada.

 

[Tomorisu]

@costaudjoe, Rob_TO Thank you!

 

[Mmihb2000]

Agreed. CIC clearly states employment is a suitable reason to temporarily live apart after establishing common-law. Of course the goal here is that you would want to be living again together as soon as possible... or in this case as soon as your partner gets PR and can get a SIN here in Canada.

Rob Hi , I have question . Neither me nor my partner have PR . However we intend to apply under Atlantic immigration program is it possible ?
My point is that to be eligible for common law rule it dosent require one of us to be a PR holder .