ella19 said:
hey,
Im currently in Canada on a visitor visa to see my common-law spouse. Ill be staying for 3mths and im living with him during this time. We are also taking this opportunity to complete and send off our common-law spouse application - we are applying outland to London.
My query is that on one of my forms it asks if i live with my partner. Technically right now i do live with him, but ive given my irish address on all other forms as that is my usual place of residence. Im wondering do i say im living with him or do i say no?? I dont know if a visit counts as living with someone - isnt it just called 'staying' with them? Ive already said on the form that im visiting him as it asked about visits we have made to each other.
This is a bit of a weird question i know, but it has me stuck! Any help appreciated
You should put your normal residential address on the forms as this is your "legal" residential address - you could put down your "cmh"'s address as your temporary address in Canada for correspondence.
This might be helpful to you when applying - you will need to spend as much time together as possible!
From the OP2 Processing Manual:
http://74.125.95.132/search?q=cache:Gv77tSe-YwQJ:www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf+site:www.cic.gc.ca+case+specific+enquiry&cd=61&hl=en&ct=clnk&gl=ca
5.34. Recognition of a common-law relationship. A common-law relationship is fact-based and exists from the day in which two individuals demonstrate that the relationship exists on the basis of the facts. The onus is on the applicants toprove that they are in a conjugal relationship and that they are cohabiting, having so cohabited fora period of at least one year, when the application is received at CPC-M.A common-law relationship is legally a de facto relationship, meaning that it must be established in each individual case, on the facts. This is in contrast to a marriage, which is legally a de jure relationship, meaning that it has been established in law.
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.
While cohabitation means living together continuously, from time to time, one or the other partnermay have left the home for work or business travel, family obligations, and so on.
The separation must be temporary and short.
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OP 2 Processing Members of the Family Class2006-11-1427
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 provecohabitation. This list is not exhaustive; other evidence may be taken into consideration.
5.36. How can someone in Canada sponsor a common-law partner from outside Canada whenthe definition says “is cohabiting”?
According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example,a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present (see also 5.44for information on persecution and penal control).
Despite the break in cohabitation, a common-law relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible.
There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls. This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.
For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists
and
from the application form:
9. If you are in a common-law relationship but are not presently cohabiting with your partner, give the reason why you are separated from your partner on a separate sheet. Give also the date that separation started
