IMM5490: Have you and your sponsor lived together?

[reservoirdog]

Hi all,
I searched the forum for this question but couldn't find an answer.

I'm currently in Canada on a TWP and applying for PR with common-law. I have lived together with my girlfriend a lot of times (each time we visited each other) and since I came to Canada in December 2011.
So at that question, 27, do I have to list all the periods of cohabitation (each visit we had + since I moved here in Dec. 2011)?
Should I specify that I went back to Italy twice for 2-3 weeks to visit my family since Dec. 2011? (So we weren't actually living together for that time)

Thanks!
Rob

 

[canadianwoman]

I would list each period you stayed with her. Some say that if it is not a long time, it doesn't count as cohabitation, but I have seen many appeal cases where the judge clearly thought even two weeks spent together at a hotel should have been listed.
Be very clear: use an extra sheet of paper to explain, if necessary, but make sure all the times you stayed with her are listed. You can then explain your situation: how you were visiting Canada, but staying with her.
You could mention the short visits to Italy, but short visits (such as 2 weeks) do not interrupt the one year cohabitation necessary for common law.

 

[reservoirdog]

Thanks so much!
Another question I had about the same form is for the extra information I have to provide on additional sheets:
Can I just print the pictures on regular paper? Or should I attach real pictures (printed on photographic paper) and refer to them while I write all the extra stuff?

 

[Rob_TO]

I would list each period you stayed with her. Some say that if it is not a long time, it doesn't count as cohabitation, but I have seen many appeal cases where the judge clearly thought even two weeks spent together at a hotel should have been listed.
Be very clear: use an extra sheet of paper to explain, if necessary, but make sure all the times you stayed with her are listed. You can then explain your situation: how you were visiting Canada, but staying with her.
You could mention the short visits to Italy, but short visits (such as 2 weeks) do not interrupt the one year cohabitation necessary for common law.

Very strange about those cases... as the definition is very clear in this document: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

“Cohabitation” means “living together.” Two people who are cohabiting have combined their affairs and set up their household together in one dwelling.... It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year.

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.

So i can't possibly see how people staying at a hotel on vacation, or for short periodic visits, can add up to cohabitation. Clearly it should involve combining affairs and lives into 1 common household, and not residing anywhere else.

Anyways as to the OP, the main area he will need to really prove to define common-law, is the time living together from Dec 2011 to today. I too would also list all the times you visited each other and lived together briefly as it just adds proof to the development of the relationship.

The 2 week visit to Italy IMO is not needed at all in the application, as it is simply a "temporary and short" trip for family reasons, and would have no effect on common-law status.

 

[Rob_TO]

Can I just print the pictures on regular paper? Or should I attach real pictures (printed on photographic paper) and refer to them while I write all the extra stuff?

In our app (and what many others do) is copy all the pics into a Word or other document file... type in dates/descriptions for each picture... and print them all out maybe 2 or 3 to a page. This is perfectly acceptable and probably much easier to organize and for the VO to follow vs having a bunch of loose photographs.

 

[orly]

For my app I only listed the time we actually lived in the same place on a "permanent" basis. So I listed the dates we lived together when I was on a work permit.

I didn't include time when I was on "holiday"

 

[canadianwoman]

Very strange about those cases... as the definition is very clear in this document: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

“Cohabitation” means “living together.” Two people who are cohabiting have combined their affairs and set up their household together in one dwelling.... It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year.

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.

So i can't possibly see how people staying at a hotel on vacation, or for short periodic visits, can add up to cohabitation. Clearly it should involve combining affairs and lives into 1 common household, and not residing anywhere else.

I didn't mean that his shorter stays could add up to a year and be considered evidence of common-law, but that question is not referring only to official cohabitation that lasts a year or more where the couple has combined their affairs.

There are many cases on appeal where the couple did not list short stays together, and the judge clearly thought they should have. Sometimes the judge has even taken it to mean that the couple is lying, because they didn't mention that they stayed together for two weeks on their honeymoon, for example.
You do not have to mention short stys with each other on that question, but definitely mention them somewhere. And if you decide not to include short stays, I would attach an explanation to that question stating that you have also stayed together before starting to cohabit, and these visits are listed elsewhere on your application.

 

[canadianwoman]

Look at the discussion on page three of the following thread. I have linked to some of the cases where very short periods of cohabitation were either mentioned or the judge thought they should have been mentioned.
http://www.canadavisa.com/canada-immigration-discussion-board/conjugal-partnership-for-married-who-doesnt-have-divorce-in-their-country-t73657.30.html

 

[reservoirdog]

Thank you for being so specific!
So in my case, I believe I should list our visits there, because they were 1 to 3 months long and we were living together, not just somewhere on vacation for a couple of weeks. Am I wrong? :S

 

[canadianwoman]

I would list them. Include the info that they were visits, and where you stayed with her.
If you decide to not list the visits there, at least put them somewhere in the application.

 

[reservoirdog]

Hi canadianwoman, and thanks for your help. Another doubt I have about this form is: should I write that we'll eventually get married in a few years or so?
I mean, would the VO think that then I should just apply after the marriage or something?

 

[canadianwoman]

If you have already got a wedding planned, you can use that as evidence. If it is just an idea that eventually you will get married, I wouldn't mention it. Sometimes if the visa officer thinks the couple wants to get married, but is just not ready yet, they will think you are not really common law.

Maybe some people who have successfully applied common-law will chime in and tell us if they mentioned possible marriage.

 

[Rob_TO]

Maybe some people who have successfully applied common-law will chime in and tell us if they mentioned possible marriage.

As part of the proofs in our common-law app, we included a screenshot of the facebook page when we announced our engagement, and also a picture of my fiancee wearing the engagement ring. That was it... no specific details on wedding dates or anything.

 

[reservoirdog]

Thanks!
If you won't mind I'll ask another question. So I'm filling in the IMM3901 http://www.cic.gc.ca/english/pdf/kits/guides/3901e.pdf for West Europe. It's asking to include:

Photocopy of Citizenship Certificate or
Immigrant or Permanent Resident Visa for any family members who are Canadian citizens or
permanent residents of Canada.

And at the bottom it says:

List all trips you, and if applicable, your family members have taken outside your country of origin or of residence in the last ten years (or since
your 18th birthday if this was less than ten years ago). Include all trips: tourism, business, training, etc. If you or your family member did not
travel outside of your country during this period, check "did not travel".

I'm not sure what the mean by family members. I went on trips with my girlfriend (who is sponsoring me), and she also went on other trips during the last 10 yrs, but again, do I have to include her in this list if she's already in Canada as a citizen and sponsoring me?

The same question applies to the Citizen Certificate. Do I have to include one of my girlfriend who is sponsoring me? Isn't a copy of her passport enough?