- Jan 11, 2013
- 45
- 2
- Category........
- Visa Office......
- Sao Paulo, Brazil
- Job Offer........
- Pre-Assessed..
Hi all,
I am a Canadian about to sponsor my Brazilian girlfriend under the common-law class, however have become concerned of the following 3 absences during our 12 month continuous co-habitation.
-12 day vacation for friends 30th bday in Nicaragua (boys only trip, girlfriend stayed at home in school)
-7 day trip to friends stag party in Mexico (boys only trip again)
-In addition, my girlfriend lost her passport, visited brazil for an intended two weeks to visit her sick grandma, and got stuck in brazil for a total of 5 weeks, do to no suitable identification / visa to re-enter Canada. She has a police report for her passport, and will be getting a letter from the hospital about her sick grandma.
My girlfriend and i will have close to 13 months of co-habitation, including the above breaks.
I am well versed on the definitions
See here: .cic.gc.ca/english/resources/manuals/op/op02-eng.pdf (add www - won't let me post links)
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.
In addition i found this .irb-cisr.gc.ca/eng/brdcom/references/legjur/documents/SpoPar05_e.pdf (add www - won't let me post links)
Cohabitation is not defined in the IRPA or the IRP Regulations but has been interpreted in
the common law to mean “living together as husband and wife.”88 The IAD has adopted this
definition as well.89 Case law interpreting the term cohabitation in the family law context
indicates that it refers to persons living under the same roof in a conjugal relationship and also
indicates that partners are not required to be divorced or legally separated from a former partner
to cohabit.90 Further, the common-law partners do not have to necessarily physically reside at the
same location without interruption.91 In the context of family and estate law, the courts have held
that in certain circumstances, usually in cases involving shared custody arrangements or work
related obligations, cohabitation is established even though the parties do not physically live
together at the “conjugal home” throughout the week or for a period of the year.92
However, it is not clear whether the time the partners spend apart (not cohabiting
conjugally) is automatically to be taken into account in calculating the one-year period of
cohabitation. For instance, where a partner has cohabited in a conjugal relationship for nine
months and, although the relationship is ongoing, he or she spends the remaining three months
out of the one-year period in another city (away from his or her partner), will the partner be
considered to have cohabited in a conjugal relationship for one year or for nine months? In
calculating the period of cohabitation, it appears relevant to consider the reasons for which the
partners were not residing together.
I am most worried about the 5 weeks away, due to the lost passport.. However also, the small vacations i took could also play a role..
I welcome advise, opinions, feedback and suggestions.
Thanks All
I am a Canadian about to sponsor my Brazilian girlfriend under the common-law class, however have become concerned of the following 3 absences during our 12 month continuous co-habitation.
-12 day vacation for friends 30th bday in Nicaragua (boys only trip, girlfriend stayed at home in school)
-7 day trip to friends stag party in Mexico (boys only trip again)
-In addition, my girlfriend lost her passport, visited brazil for an intended two weeks to visit her sick grandma, and got stuck in brazil for a total of 5 weeks, do to no suitable identification / visa to re-enter Canada. She has a police report for her passport, and will be getting a letter from the hospital about her sick grandma.
My girlfriend and i will have close to 13 months of co-habitation, including the above breaks.
I am well versed on the definitions
See here: .cic.gc.ca/english/resources/manuals/op/op02-eng.pdf (add www - won't let me post links)
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.
In addition i found this .irb-cisr.gc.ca/eng/brdcom/references/legjur/documents/SpoPar05_e.pdf (add www - won't let me post links)
Cohabitation is not defined in the IRPA or the IRP Regulations but has been interpreted in
the common law to mean “living together as husband and wife.”88 The IAD has adopted this
definition as well.89 Case law interpreting the term cohabitation in the family law context
indicates that it refers to persons living under the same roof in a conjugal relationship and also
indicates that partners are not required to be divorced or legally separated from a former partner
to cohabit.90 Further, the common-law partners do not have to necessarily physically reside at the
same location without interruption.91 In the context of family and estate law, the courts have held
that in certain circumstances, usually in cases involving shared custody arrangements or work
related obligations, cohabitation is established even though the parties do not physically live
together at the “conjugal home” throughout the week or for a period of the year.92
However, it is not clear whether the time the partners spend apart (not cohabiting
conjugally) is automatically to be taken into account in calculating the one-year period of
cohabitation. For instance, where a partner has cohabited in a conjugal relationship for nine
months and, although the relationship is ongoing, he or she spends the remaining three months
out of the one-year period in another city (away from his or her partner), will the partner be
considered to have cohabited in a conjugal relationship for one year or for nine months? In
calculating the period of cohabitation, it appears relevant to consider the reasons for which the
partners were not residing together.
I am most worried about the 5 weeks away, due to the lost passport.. However also, the small vacations i took could also play a role..
I welcome advise, opinions, feedback and suggestions.
Thanks All