Conjugal Partnership (for married who doesnt have divorce in their country)

[canadianwoman]

Just make sure you mention it somewhere, and submit proof. 3 weeks and 5 weeks is quite a lot of time together compared to some.

 

[chelley]

They are long visits, but common law status cannot be achieved by cobbling together visits... It must be one year of continuous cohabitation with little or no separation...

 

[emrn]

Thanks but we wont apply for common law there's just this question on the application about cohabitation and I thought us living together even for a short period of time would help us in our application to prove that we are committed to each other and that we are serious. Thanks for the help though.

 

[missmini]

Thanks but we wont apply for common law there's just this question on the application about cohabitation and I thought us living together even for a short period of time would help us in our application to prove that we are committed to each other and that we are serious. Thanks for the help though.

yeah cohabitation would help even for short times but i think cohabitation would mean when one would actually move to be with the other, change the residential address etc...which i don't think u did since u were just visiting...but show plenty of proofs and pictures and clearly explain how long u lived together during each visit

 

[canadianwoman]

I have seen appeal cases where people who stayed together for short periods of time, such as a few weeks, were criticized by the judge for not including this time in the question about cohabitation. So I would include them. Just be very clear about how long the times were, and that you were in a hotel. That way even if the VO does not think these count as cohabitation, he/she will not think you were trying to trick him/her.

Look at this case, where the judge uses as one of the reasons for dismissing the case the fact that the applicant did not mention their cohabitation from Dec. 27, 2006, to Jan. 10, 2007 -15 days!
http://www.canlii.org/eliisa/highlight.do?text=haiti+cohabitation&language=en&searchTitle=Canada+%28federal%29+-+Immigration+and+Refugee+Board+of+Canada&path=/en/ca/irb/doc/2009/2009canlii84404/2009canlii84404.html

In this case the judge seems to suggest that even a cohabitation period of one night should have been mentioned in the answer to the cohabitation question:
http://www.canlii.org/eliisa/highlight.do?text=cohabitation+question+marriage+immigration&language=en&searchTitle=Canada+%28federal%29+-+Immigration+and+Refugee+Board+of+Canada&path=/en/ca/irb/doc/2010/2010canlii91084/2010canlii91084.html

In this case a cohabitation period of around two weeks was listed on the forms, to the evident satisfaction of the judge.
http://www.canlii.org/eliisa/highlight.do?text=cohabitation+question+marriage+immigration&language=en&searchTitle=Canada+%28federal%29+-+Immigration+and+Refugee+Board+of+Canada&path=/en/ca/irb/doc/2010/2010canlii38257/2010canlii38257.html

 

[emrn]

Wow! Thank you so much canadianwoman. This really helped me a lot I would definitely put it in the form. The first visit we have proof of the hotel accommodation since it was bought as a package together with his ticket in expedia. I will have to look for the hotel receipts the second visit because it was me who was in the lease of contract and I prepared everything days before he came here, he extended his stay twice lol. He was quit his job because his boss didn't allow his 3 week vacation good thing we had money in my bank account for the proof of funds for our supposed trv lol. While he was here I closed my account and we opened a joint account. His parents met my parents during his stay here because his step mother is also a Filipina. He was again absorbed by his company when he got back. We started on researching how I can go to Canada since we can't get married, one of our options was skilled workers because I am a nurse so I took the IELTS and after further research we found out about conjugal partnership and thought this might actually work so here we are trying to do what we can to be together. Thank you again for your help, you've really been helping me a lot, God bless you.

 

[emrn]

The Appellant testified that they cohabited during a brief overnight visit following the wedding but the Applicant left blank the question in the application form concerning periods of cohabitation.
( they really consider even one night of being together cohabitation.) Yay!!! we have more than that ;D
And I have evidences to back it up. Now I'm relieved thanks all ;D

 

[canadianwoman]

You're welcome. Good luck!

 

[sthomas]

Is that what they mean about cohabitation?
Well, I answered NO in my application .... I mean .... Visits and staying in hotels for a month, I never considered that cohabitation .....

Cohabitation usually refers to an arrangement whereby two people decide to live together on a long-term or permanent basis in an emotionally and/or sexually intimate relationship.

That is my understanding of cohabitation.

Not meaning to be such a bummer Ms EMRN .. I just wanted to clarify what it really means ....... So please anyone can clarify that to me?

Thanks & Cheers ......

 

[missmini]

my understanding is the same as yours....but for the sake of that answer, people have split opinions, maybe there's no right or wrong...the point is living together is an important aspect for a relationship...in her case, the periods r quite long and her partner even resigned his job to go...it could look like permanent from their point of view...if some judges believe that even a few days spent together in a hotel could b cohabitation, then why not
that does not mean that u should change ur answer, as long as u clearly explain that during the visits u lived together and for how long then it should b fine

 

[canadianwoman]

Yes, I think this question is open to interpretation. Clearly in normal English one night is not cohabitation. But it is also clear that there are appeal judges who think that that the question "Have you and the sponsor ever cohabited?" should be answered 'yes' even if the cohabitation was for only a few weeks.
I think the key is to be very clear about your answer. If you say "yes" make sure the explanation clearly shows you were staying in a hotel together for 3 weeks and then 5 weeks. If you said "no", I wouldn't worry about it as long as any period of cohabitation was mentioned and proved elsewhere in your application (though if it goes to an appeal, maybe include an explanation of why you answered "no".)
For me, after reading those appeal decisions, I would answer "yes."

 

[emrn]

Yes, I think this question is open to interpretation. Clearly in normal English one night is not cohabitation. But it is also clear that there are appeal judges who think that that the question "Have you and the sponsor ever cohabited?" should be answered 'yes' even if the cohabitation was for only a few weeks.
I think the key is to be very clear about your answer. If you say "yes" make sure the explanation clearly shows you were staying in a hotel together for 3 weeks and then 5 weeks. If you said "no", I wouldn't worry about it as long as any period of cohabitation was mentioned and proved elsewhere in your application (though if it goes to an appeal, maybe include an explanation of why you answered "no".)
For me, after reading those appeal decisions, I would answer "yes."

I will definitely answer yes and i will explain why i did. We need to prove to them as much as we can that we are in a genuine relationship and since were applying via conjugal partnership we have to really prove and convince them as much as we can. Thanks again for all your answers

 

[rjessome]

In interpretation of those cases, cohabitation means stayed together. You are not going to get it wrong if you state that you cohabitted for a period of 3 weeks during your visit OR if you check NO and then somewhere (either in describing the development of the relationship or in a cover letter) advise the VO that you stayed together for those 3 weeks of the visit or as a part of the honeymoon, etc. Yes, it is absolutely important to put it SOMEWHERE. That's part of what was lacking in some of those cases, either they didn't report it at all or there were discrepancies in the testimony concerning whether or not the couples had stayed together for any time and the length of time.

It is open to interpretation. I'm assuming (which I shouldn't) that if you select NO for this question that you WILL indicate it elsewhere on the application. Bottom line is to make sure that it is IN the application somewhere. As long as you do that, it is counted. I have a feeling that these applications were very poorly prepared at the outset.

 

[emrn]

Yeah I can so agree with that there are some questions that are very confusing. Sometimes I can't help but feel as if there is something wrong with my comprehension lol. Good thing we have this forum I can clarify some things and there are people who are willing to help and share their thoughts as well.

 

[missmini]

Yeah I can so agree with that there are some questions that are very confusing. Sometimes I can't help but feel as if there is something wrong with my comprehension lol. Good thing we have this forum I can clarify some things and there are people who are willing to help and share their thoughts as well.

loooool no, lots of questions in there could b open for debate (especially in the partner questionnaire form which does not even have any guide); this forum and the people here have been really helpfull