Co-Habitation gap - Letter of Explanation

[Flinkaroo]

Hi all.

I think (unfortunately) I'm going to get the answers I don't want here but I said I'd ask anyways. Two scenarios below

My partner & I started cohabiting in April 2019 until 23rd Sept, when her visa expired and she moved back to New Zealand. I followed her to NZ however our issue is that while she went straight there I stopped in Japan for the Rugby World Cup, for just over a month. I arrived in NZ 4th Nov.

I had bought tickets for my dad for his 60th (group stages & all the finals) way back in 2017, with my brothers getting the flights, so this was an occasion that was planned well in advance.

CIC have their rules I know (3-4weeks is max allowance). However I am wondering would a detailed letter of explanation help this? I have all emails, original purchases, tickets, flights, photos, letter from my dad, proof of contact with partner when over there etc. I even met my partner in Japan, which I got to show my dad where, and he mentions this in his letter of support.

What do you think? % chance of this being allowed if we apply in April/ May?

We have all the right proof otherwise - joint leases, bank statements, utility bills, joint cars etc - for Can & NZ living


****

Other question - If your partner has a job in a ski resort and spends 4 months on the hill and then 8 months together, is this allowed? Can't figure out the allowances for work & cohabiting.

 

[scylla]

Hi all.

I think (unfortunately) I'm going to get the answers I don't want here but I said I'd ask anyways. Two scenarios below

My partner & I started cohabiting in April 2019 until 23rd Sept, when her visa expired and she moved back to New Zealand. I followed her to NZ however our issue is that while she went straight there I stopped in Japan for the Rugby World Cup, for just over a month. I arrived in NZ 4th Nov.

I had bought tickets for my dad for his 60th (group stages & all the finals) way back in 2017, with my brothers getting the flights, so this was an occasion that was planned well in advance.

CIC have their rules I know (3-4weeks is max allowance). However I am wondering would a detailed letter of explanation help this? I have all emails, original purchases, tickets, flights, photos, letter from my dad, proof of contact with partner when over there etc. I even met my partner in Japan, which I got to show my dad where, and he mentions this in his letter of support.

What do you think? % chance of this being allowed if we apply in April/ May?

We have all the right proof otherwise - joint leases, bank statements, utility bills, joint cars etc - for Can & NZ living


****

Other question - If your partner has a job in a ski resort and spends 4 months on the hill and then 8 months together, is this allowed? Can't figure out the allowances for work & cohabiting.

Based on experiences here, anything over three weeks is generally considered a break in the one year continuous cohabitation requirements and restarts the 12 month count. If you were apart for 5-6 weeks, I think the chances of an approval are unfortunately very low. I don't think a letter will help. It's not about why you were apart - it's the fact that common law requires 12 months of continuous cohabitation.

For your other question - No, this wouldn't work. It would be a break in continuous cohabitation and not meet common law requirements.

I would personally either get married - or wait until you have a year of cohabitation in November this year before applying.

You may be looking at almost a year of processing only to end in refusal and frustration.

 

[Flinkaroo]

Based on experiences here, anything over three weeks is generally considered a break in the one year continuous cohabitation requirements and restarts the 12 month count. If you were apart for 5-6 weeks, I think the chances of an approval are unfortunately very low. I don't think a letter will help. It's not about why you were apart - it's the fact that common law requires 12 months of continuous cohabitation.

For your other question - No, this wouldn't work. It would be a break in continuous cohabitation and not meet common law requirements.

I would personally either get married - or wait until you have a year of cohabitation in November this year before applying.

You may be looking at almost a year of processing only to end in refusal and frustration.

Thanks for your answers, though not the ones I wanted to hear...
(We're applying inland so I don't think marraige would help there)

I think the next question is:
- If we applied anyways, knowing we'd get rejected, would her OWP application still be able to stand? That way she would be able to work all the way until we get rejected & start again fresh?
It's basically do we either:
a) Apply, knowing we'll get rejected, but then she can work while the PR application is being processed, however long that takes. Then we reapply down the road. Longer, but at least we still have money coming in.
b) Wait til November like you said. Which means probable approval, but like 10 months of non working for her and the financial strain/ boredom. Plus I dont know would her Temp Visitor Visa cover her? Or would she go on implied status as soon as she applies for OWP.

All the questions.

Thanks for your help.

 

[canuck_in_uk]

Thanks for your answers, though not the ones I wanted to hear...
(We're applying inland so I don't think marraige would help there)

I think the next question is:
- If we applied anyways, knowing we'd get rejected, would her OWP application still be able to stand? That way she would be able to work all the way until we get rejected & start again fresh?
It's basically do we either:
a) Apply, knowing we'll get rejected, but then she can work while the PR application is being processed, however long that takes. Then we reapply down the road. Longer, but at least we still have money coming in.
b) Wait til November like you said. Which means probable approval, but like 10 months of non working for her and the financial strain/ boredom. Plus I dont know would her Temp Visitor Visa cover her? Or would she go on implied status as soon as she applies for OWP.

All the questions.

Thanks for your help.

Or you just get married, apply inland and either you go live on the hill with her or she doesn't go work the ski season.

 

[Flinkaroo]

Or you just get married, apply inland and either you go live on the hill with her or she doesn't go work the ski season.

That was past tense, ha, no more of that!

I was under the impression that for inland applications you still have to prove cohabitation. So getting married at this point wouldn't really make a difference right?

 

[canuck_in_uk]

That was past tense, ha, no more of that!

I was under the impression that for inland applications you still have to prove cohabitation. So getting married at this point wouldn't really make a difference right?

You have to prove cohabitation DURING the application process. There is no cohabitation requirement before applying and no minimum cohabitation requirement for married couples. A couple could live apart their entire relationship, get married, move in together the next day and then apply inland.