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I live in UAE, can I put my partner as common law?

Discussion in 'Permanent Residency Obligations' started by csm1507, Mar 28, 2019.

  1. I live in UAE, where living together is not allowed, can I put my partner as common law? If yes, what proofs can we give? We constantly send money to one another for our expenses. However, our accommodation and utility bills are covered by our company.
     
  2. If living together is not allowed then not sure how you can claim common law given the requirement is to have cohabited for a minimum of 12 months.
     
    jddd and torontosm like this.
  3. Simple answer - no. Common-law requires a mandatory minimum of 12 consecutive months of physical cohabitation with no significant breaks. Cohabitation means living together under the same roof, in the same property. Essentially just as if you are a married couple.
     
  4. Actually, it is possible. Not easy, but here's how it works.

    A common-law partner is defined as "common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)"

    So you haven't cohabited. However, you may qualify as a conjugal partner

    "
    Interpretation — common-law partner

    (2) For the purposes of the Act and these Regulations, an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, due to persecution or any form of penal control, shall be considered a common-law partner of the person."

    These are the from the Regulations that govern Immigration to Canada. -> https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-1.html#h-2

    Practically speaking, you will need to talk to an experienced immigration attorney/consultant to understand how you can prove that you have been in a conjugal relationship for at least one year, but were not able to cohabit due to fear of persecution. This is way out of the scope of this forum.

    Just know that it is possible in theory, whether or not you can prove it in your specific case is a different matter.
     
  5. did
    did you ever find a solution to this?
     

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