Common-law "continuous definition"

[aprina]

Hello all

I was wondering if someone could shed any light on the "12 month continuous cohabitation" that have to be proven in order to be classified as common-law.

My partner moved in with me in France in January 2011 and we are planning to send the application at the end of January 2012 (She has a one year student visa so she would have to stay the last month under a tourist visa).

In total our stay would be continuous apart from 4 weeks holiday in august we took together and a 6 week return to canada my partner is going to take for renewing her passport, christmas holidays between december 2011 and january 2012.

Is this going to be sufficient to not have any problems? In order to prove our relationships i will have singl and joint bank statements for the whole duration as well as passport stamps and a letter from our landlord saying we cohabitated continuously.

i'll appreciate any input on the matter

thank ;D

 

[aprina]

oops, I forgot to mention.... my parter is canadian and the one sponsoring me

 

[scylla]

You traveled together for the 4 week holiday - correct?

What about the six weeks? Are both of you going?

 

[MDSB]

This is the definition from the Operating manual ( http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf). Reading the manual helped me out a lot when determining what evidence to provide...


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

Reading above, it's debatable whether the 6 week break will impact the common-law status or not. Is it possible for her to be away for less time?
I think what is key is for you to be clear about why your partner needs to be away for 6 weeks, and your reasons for not going with her. They may question why you do not want to be together during the holidays, so be explicit about your reasons for not going with her for part of or all of the 6 weeks. Also, keep evidence of communication between one another while she is away.

Evidence is key, so read through the manual and supply as many of the items as you can... read section 5.26 for the types of things they want to see

Good luck

 

[costaudjoe]

hi aprina,

I will be exactly in the same situation as you. The end of the 12 month period my common law partner will travel for 4 weeks. I am planning to go with her to make sure we get the full 12 months... I am still a little perplexed how to present it.

I am very interested to see how you will do it.

Good luck and keep us posted!

 

[sidkrose]

Hi, my partner and I were apart for 7 weeks (he left canada to go back to Germany when his visa was up and I stayed behind to wrap up some things before heading to Germany). We decided that we didn't want to risk it, so we waited a full year from when I got to Germany to file. However, I think that if you can prove that her "visit" to Canada is just that, that is, her "permanent address" will remain in France, and that you guys still plan to live together in that time, and are still a romantically involved couple, possibly you could convince them it was continuous. I would advise her to stay in Canada for as little time as possible though, I'd say three weeks or less would be ideal. 6 weeks is probably a little much.

As for the 4 week trip you took together, that is fine, as you were together.

 

[JenB]

I'm pretty sure that as long as she is oml;y away temporarily and you guys still live together, ie she still pays rent and the bills and that is her home, the 6 weeks won't affect the application! She hasn't moved out, she is just taking a holiday that you aren't able to join her on!