Continuos Cohabitation !

[fernan_gr]

Hi all,

I need some help from you

My gf and I are from Spain, although my girlfriend also has Canadian Citizenship. We have been dating for almost 3 years already. In January 2013 we started living together in Spain and two months later we moved to India, where we are still living together.

By the very end of August I will move to Canada, but she won't be able to join me until 2 weeks later. Then, by september the 12th she will be coming to Canada so we can continue our life together.

Our plan is that in January 2014, after 1 year of living together (common law partner), she will sponsor me to get the Permanent Residency.

The question is... What happen if in September we spend 2 weeks separated from each other? Would we be breaking the continuos cohabitation?

The only reason why we will be separated is that I have to be in Canada by september the 1st to start my Masters Program, and she has to be in Spain by september the 11th to take her last two exams at Uni.

Thanks so much,

Fernie

 

[AnaMaria]

2 weeks should not be a problem. If it is a month or longer, it may be in gray zone. You are allowed for (a) short separation/s.

 

[MissDominica]

I agree. 2 weeks is not a big deal. I applied common-law and had a couple weeks away to visit family/take exams and it won't be an issue.

Good luck!

 

[Rob_TO]

You SHOULD be ok, but i stress "should" because in the end it comes down to how the VO feels. There have indeed been cases where common-law has been refused for a 2-3 weeks separation ( http://www.canadavisa.com/canada-immigration-discussion-board/common-law-absence-for-short-periods-of-time-t146205.0.html;msg2246096#msg2246096 ). Although i believe its rare.

Worst case scenario the VO may feel that at the end of August when you move to Canada, the cohabitation would terminate on that date since technically you will be living in 2 separate households, even if its just for 2 weeks.

Especially it depends how you fill in the residential history information. If there is a 2 week period where your addresses do not match up, again this is cause for concern and a VO may reject it. This is different from a case where you are always living at the same address for 1 year, but take a temporary time apart for vacation or work or something. In this case, you would still have the same matching residential history.

 

[fernan_gr]

Thanks guys,

Rob_TO: we are renting a place in India until the end of August. Then, I will be moving to Canada and rent another place (asap), that will be paid with money coming from our shared bank account. I will try to name my gf in the contract.

Is anyone going to check when is she exactly entering the country? Will they ask for the flight tickets?

And another question; As we are finishing our studies we are a bit short of money and trying to safe as much as possible (A masters is very expensive!). Is there any problem in living in:

a) A shared flat. Imagine that we are three people. There are 3 different rooms. One for me, one for my girlfriend and another one for whoever wants to rent it.

b) A shared flat. Two rooms. One for the two of us, and another one for another person.

Would any of these options break the cohabitation?

c) Our less preferred option would be renting a flat for us, because it is more expensive. Anyway... we have to check if studios are cheaper than renting two rooms in a shared flat.

Thanks so much!

 

[Rob_TO]

Rob_TO: we are renting a place in India until the end of August. Then, I will be moving to Canada and rent another place (asap), that will be paid with money coming from our shared bank account. I will try to name my gf in the contract.

Is anyone going to check when is she exactly entering the country? Will they ask for the flight tickets?

The main thing is to make sure your residential histories match up on the application. So until Aug/2013 you should both have the same address in India, and then in Sept/2013 you should both show the same address in Canada. As long as you can do this it should be ok.

a) A shared flat. Imagine that we are three people. There are 3 different rooms. One for me, one for my girlfriend and another one for whoever wants to rent it.

b) A shared flat. Two rooms. One for the two of us, and another one for another person.

Would any of these options break the cohabitation?

If you are a genuine common-law couple, why would you have separate bedrooms as it would look very suspicious? So no matter which option you choose, do NOT state anywhere if you have separate rooms. As long as you can show proof you're living under the same roof, that is the most important thing. It doesn't matter at all if you also live with a roommate.

 

[orly]

Easy solution is to apply in February...