Common-law definition "continuous"

[cvic]

Hi,

My same-gender partner lives with me four days a week. The other days she as at her mother's house to care for her kids. Our finances are joint and I ultimately I share support of her children because I earn more. Our relationship is secret from her mother who cares for her children. We cannot take the children away from the grandmother while we are in the Philippines. She has lied (sorry) to her mother that she is away because of her work. But the truth is we have a joint household.
Do we fit into the Common-Law category, given that we have been in this situation for a year?

Our plan is to move to Canada so we can be together. She will tell her mother that it is for work, so she won't be heartbroken, as what would happen if she were told the truth. We will get the children after six months and make sure that we continue to support her mother financially.

Thanks

 

[Rob_TO]

But the truth is we have a joint household.
Do we fit into the Common-Law category, given that we have been in this situation for a year?
Thanks

I would say yes, you would easily qualify as common-law. As proof to CIC that you are common-law, you would need to show either a co-signed lease or rental agreement, and/or mail delivered to both of you that shows you share a common address. Joint financial statements like a shared credit card or bank account also showing the same address, is more than enough proof for cohabitation.

In your PR application if you are explaining your situation I would state she is "visiting" her mom to spend time with her kids a few days per week. Make it very clear you are "living" only together at your house.

Of course her kids will need to be included in the PR application and have medicals done. Good luck!

 

[scylla]

As proof to CIC that you are common-law, you would need to show either a co-signed lease or rental agreement.

Or if the property is owned - proof you are both listed on the deed.

 

[cvic]

We are listed as residents in the condominium. Actually, our strongest evidence is that we are "fixtures" there. We are known by everyone as a couple. As a matter of fact, and I must say, sadly, it seems it is only with our families that we are not "out". We are even known as a couple at work, as luckily we both work in a company where diversity is accepted.
Thank you for your advice, we will be diligent with our papers.

 

[Kiri]

As a matter of fact, and I must say, sadly, it seems it is only with our families that we are not "out". We are even known as a couple at work, as luckily we both work in a company where diversity is accepted.

Make sure you thoroughly explain this and back the evidence that you readily share this with coworkers and the like. Explain why disclosing the information with your family would cause strife to family if that sort of thing is not accepted readily with your family and culture. CIC runs into this a lot. Sometimes people don't even meet face to face until marriage, or families can't meet due to illness (my grandparents and father can't travel to Canada to meet my common law spouse because they are not healthy enough for that kind of travel -- and my mother is inadmissible, and as far as his parents go.. they just haven't had the chance with them building a new home and everything.. and I explain this since it's common for partner's families to meet one another.)

Just explain why you choose to not to disclose your info to your family, and be sure to make it very clear you have no issue showing the world you're a couple. As far as your 'hard' evidence for common law definition, you fit as long as you stick to you live together and VISIT mom.. not live between two places, that could backfire if they misinterpret. Don't leave anything to assumption.

Good luck to you!

 

[gie2205]

Hi,

My same-gender partner lives with me four days a week. The other days she as at her mother's house to care for her kids. Our finances are joint and I ultimately I share support of her children because I earn more. Our relationship is secret from her mother who cares for her children. We cannot take the children away from the grandmother while we are in the Philippines. She has lied (sorry) to her mother that she is away because of her work. But the truth is we have a joint household.
Do we fit into the Common-Law category, given that we have been in this situation for a year?

Our plan is to move to Canada so we can be together. She will tell her mother that it is for work, so she won't be heartbroken, as what would happen if she were told the truth. We will get the children after six months and make sure that we continue to support her mother financially.

Thanks

 

[gie2205]

Hi,

My same-gender partner lives with me four days a week. The other days she as at her mother's house to care for her kids. Our finances are joint and I ultimately I share support of her children because I earn more. Our relationship is secret from her mother who cares for her children. We cannot take the children away from the grandmother while we are in the Philippines. She has lied (sorry) to her mother that she is away because of her work. But the truth is we have a joint household.
Do we fit into the Common-Law category, given that we have been in this situation for a year?

Our plan is to move to Canada so we can be together. She will tell her mother that it is for work, so she won't be heartbroken, as what would happen if she were told the truth. We will get the children after six months and make sure that we continue to support her mother financially.

Thanks

Hello,
There was a thread that you started as well wherein you have mentioned that your same-sex partner stays with you only on Thursdays contrary to your post on this thread that you are together 4 days a week. I'm not pretty sure which one applies to your situation. I'm sorry if I've put your posts into scrutiny but in order for us to give you our insights, you need to be accurate to what you're posting as Immigration examines each case with diligence. Anyhow, I am in a same -sex relationship as well, f to f. We come from the same country and the best options for you is to go to another country and get married or you can move ahead back to Canada and sponsor her on a conjugal category. since you're still in the Philippines, you have the opportunity to do stuff that will give merit to your conjugal partnership (e.g. put her name in the lease/ownership of your condo, joint accts, go on a holiday together(save your boarding pass/tickets, etc...) When I sponsored my partner whose from the US, the border officer told us that Canada is utmost concern with family unification. You should be fine as long as you're truthful and follow the appropriate avenue for you to sponsor her. Best of luck to you Kabayan!

 

[Rob_TO]

the best options for you is to go to another country and get married or you can move ahead back to Canada and sponsor her on a conjugal category.

I disagree.
From what she has posted above, they would easily satisfy the common-law definition as they have joint financial accounts, partner is on condo documents as resident, assumed partner gets all her mail at condo address, and they can get multiple testimonies from neighbors and coworkers that they live together and are a genuine couple.

So whether or not the actual situation in real life is exactly that (living at the condo 4 days per week or only 1 day per week) is not very relevant. All the paperwork points to them being common-law (assuming it goes back 1 full year). CIC will not hire investigators to go spy on them to see if the living arrangements are actually what is documented. Of course there is the ethical issue of not being entirely honest with CIC... but at least on paper they have as much or more evidence than a typical common-law couple.

 

[cvic]

We started the four days now because she has told her mother. I was asking about the Thursdays because I am not sure whether to include that in our 1-year count. Rest assured I am not lying. However, there are facts of life like children, like the cultural, social and traditional ties to our parents. Even for me, my mother owns the property that we live in. We only pay for the monthly dues and utilities. We decide everything together and we do everything together. We do our groceries together, actually we include her kids' food for school in our weekly grocery. I even stay in a job which I'm fairly unsatisfied with professionally (but financially it pays for our bills), so we can work in the same complex.

 

[cvic]

sorry, incomplete info... she has told her mother that she works at another site for the four days. she has not told her mother about us but everyone else basically knows. we live in a fairly small neighborhood, and even those people we don't know personally, knows us by face... the 7-11, the grocery store, the grumpy mall guard (our condo is beside the mall) and the hair salon knows we're a couple.

 

[sakamath]

I disagree.

I would have to disagree with you. While the OP may meet the requirements of "continuous" stay (based on what was mentioned in the original post), proving a "common-law" relationship is the most difficult one in a spousal sponsorship. Add to it, the same-sex partners makes the matter more difficult to prove in a culture where same-sex relationship is disapproved of.

Gie2205's suggestion to get married in a country where such a relationship is legal would help the OP overcome the doubts an officer might have about their relation. The OP has much to gain from Gie2205's experience.

 

[Rob_TO]

We started the four days now because she has told her mother. I was asking about the Thursdays because I am not sure whether to include that in our 1-year count.

What do you mean by 1-year "count"?? By definition a common-law relationship is triggered at the 1-year date of 2 people living together in a married-like relationship. So if you started living together as a couple on Jan 1, 2012... you would be officially common-law ONLY on Jan 1, 2013 and no other date. You CAN NOT add up dates while living in 2 separate places... and claim common-law when 1 place finally adds up to 365 days. If you try this i'm pretty sure your application will be instantly rejected.

As stated, if you are applying common-law you need to make it perfectly clear you are only LIVING at 1 address ONLY. If you are giving more info.... you should claim you LIVE only together as a couple, but VISIT the mom on weekends to spend time with her children. You do not need to give details on specific days you are spending at each place. If you even once claim you are LIVING a few days per week at her moms house, again that could lead to instant rejection.

 

[Rob_TO]

I would have to disagree with you. While the OP may meet the requirements of "continuous" stay (based on what was mentioned in the original post), proving a "common-law" relationship is the most difficult one in a spousal sponsorship. Add to it, the same-sex partners makes the matter more difficult to prove in a culture where same-sex relationship is disapproved of.

Gie2205's suggestion to get married in a country where such a relationship is legal would help the OP overcome the doubts an officer might have about their relation. The OP has much to gain from Gie2205's experience.

Of course marriage is much easier. But in terms of common-law i am just going by the specific Operations Manual the visa officer should be following in all visa offices: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

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.

The following is a list of indicators about the nature of the household that constitute evidence
that a couple in a conjugal relationship is cohabiting:.....

So according to the CIC, the qualification is entirely fact based and things like a same-sex relationship or in a country where that kind of relationship is generally disapproved of... should not enter the equation.

And sticking to the facts... they are both listed on the condo residency, have joint financial accounts, both get mail to the address, share housing expenses, and just as important they can get numerous sworn testimonies from neighbors and co-workers that they are living together and the relationship is genuine. On paper, they are easily a common-law couple, which is all the VO should be looking at. Of course they should include as much proofs and evidence as possible.

Now of course if there have been experiences from the Manila office where common-law couples from the Philippines are looked at differently from common-law couples in the rest of the world... that is another story.

 

[Steph C]

Gie2205's suggestion to get married in a country where such a relationship is legal would help the OP overcome the doubts an officer might have about their relation. The OP has much to gain from Gie2205's experience.

Here's a complete list of countries Filipinos can travel to visa free. Do any of the following allow same sex marriage?
Bolivia
Brazil
Brunei
Colombia
Costa Rica
Ecuador
Hong Kong
Indonesia
Laos
Malaysia
Palau
Peru
Saint Vincent and the Grenadines
Singapore
Suriname
Thailand
Tuvalu
Vanuatu
Vietnam
Zambia

 

[Isometry]

Here's a complete list of countries Filipinos can travel to visa free. Do any of the following allow same sex marriage?
Bolivia
Brazil
Brunei
Colombia
Costa Rica
Ecuador
Hong Kong
Indonesia
Laos
Malaysia
Palau
Peru
Saint Vincent and the Grenadines
Singapore
Suriname
Thailand
Tuvalu
Vanuatu
Vietnam
Zambia

A couple states in Brazil do. It's probably really expensive to get two people from the Philippines to Brazil and back, though.