Hi All,
I'm an American living in Cali and my wife is in my BC. I just got approved (woohoo!) and the COPR letter was sent to my wife and she read me this requirement:
Under the amended regulations, certain spouses and partners are subject to the condition that they cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident.
So my question to you guys is - I'm visiting her in Nov to get my PR processed at YVR airport. But I don't plan to fully move up until Feb 2017 since I need to wrap up my job, sell some of my belongings, pack, get ready for the move to BC, etc.
Would I be in violation of the rule above? I just thought as a PR, you have to live in Canada for 2 out of the first 5 years. I want to process my PR asap so I can get my SIN, open bank accounts, etc.
Below is where CIC explains continuous cohabitation:
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.
OP 2 Processing Members of the Family Class
2006-11-14 27
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:
Joint bank accounts and/or credit cards;
Joint ownership of residential property;
Joint residential leases;
Joint rental receipts;
Joint utilities accounts (electricity, gas, telephone);
Joint management of household expenditures;
Evidence of joint purchases, especially for household items;
Correspondence addressed to either or both parties at the same address;
Important documents of both parties show the same address, e.g., identification documents,
driver’s licenses, insurance polices, etc.;
Shared responsibility for household management, household chores, etc.;
Evidence of children of one or both partners residing with the couple;
Telephone calls.
These elements may be present in varying degrees and not all are necessary to prove
cohabitation. This list is not exhaustive; other evidence may be taken into consideration.
I'm an American living in Cali and my wife is in my BC. I just got approved (woohoo!) and the COPR letter was sent to my wife and she read me this requirement:
Under the amended regulations, certain spouses and partners are subject to the condition that they cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident.
So my question to you guys is - I'm visiting her in Nov to get my PR processed at YVR airport. But I don't plan to fully move up until Feb 2017 since I need to wrap up my job, sell some of my belongings, pack, get ready for the move to BC, etc.
Would I be in violation of the rule above? I just thought as a PR, you have to live in Canada for 2 out of the first 5 years. I want to process my PR asap so I can get my SIN, open bank accounts, etc.
Below is where CIC explains continuous cohabitation:
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.
OP 2 Processing Members of the Family Class
2006-11-14 27
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:
Joint bank accounts and/or credit cards;
Joint ownership of residential property;
Joint residential leases;
Joint rental receipts;
Joint utilities accounts (electricity, gas, telephone);
Joint management of household expenditures;
Evidence of joint purchases, especially for household items;
Correspondence addressed to either or both parties at the same address;
Important documents of both parties show the same address, e.g., identification documents,
driver’s licenses, insurance polices, etc.;
Shared responsibility for household management, household chores, etc.;
Evidence of children of one or both partners residing with the couple;
Telephone calls.
These elements may be present in varying degrees and not all are necessary to prove
cohabitation. This list is not exhaustive; other evidence may be taken into consideration.
