Interdependent Relationships

[waitingonforever]

Hello Forum,

I need some feedback on this "interdependent relationship"..My husband was denied his PR visa based on the VO is not satisfied we are in a "interdependent relationship" I have looked up this "interdependent relationship" law and here's what I found...see below

What is an adult interdependent relationship?

The Adult Interdependent Relationships Act outlines two possible ways for such a relationship to exist.

If you have entered into a written Adult Interdependent Partner Agreement with the other person. (Please note: if two people are related by either blood or adoption, they must enter into such an Agreement in order to be considered adult interdependent partners.)

or

If you are not related by blood or adoption, and you have:
a.lived with the other person in a ‘relationship of interdependence’ for at least 3 consecutive years; or
b.lived with the other person in a ‘relationship of interdependence’ for less than three years, but the relationship is of some permanence and there is a child of the relationship (either by birth or adoption).

The Adult Interdependent Relationships Act defines a ‘relationship of interdependence’ as a relationship outside of marriage in which two people:

share one another’s lives;
are emotionally committed to one another; and
function as an economic and domestic unit.

The relationship does not have to be conjugal (sexual) to meet these criteria; it can be platonic.


Now and outland sponsorship could NOT apply to the VO's concerns am I correct? Since the def says you must be living together for 3 consecutive years and as it stands we were not giving this opportunity...correct me if I'm wrong plzzz

Any feed back would be wonderful
waitng

 

[MilesAway]

I think what you found is a provincial definition, which essentially defines a common-law relationship (at the provincial level). I may be wrong. CIC has their own definition. Taken from their OP2:


Interdependent – physically, emotionally, financially, socially
The two individuals in a conjugal relationship are interdependent – they have combined their
affairs both economically and socially. The assessment of whether two individuals are in a
conjugal relationship should focus on evidence of interdependency.

The following list is a set of elements which, when taken together or in various combinations, may
constitute evidence of interdependency. It should be kept in mind that these elements may be
present in varying degrees and not all are necessary for a relationship to be considered conjugal.

Factor Details
Financial aspects of the
relationship
 Joint loan agreements for real estate, cars, major household
appliances;
 Joint ownership of property, other durable goods;
 Operation of joint bank accounts, joint credit cards evidence that any
such accounts have existed for a reasonable period of time;
 The extent of any pooling of financial resources, especially in relation
to major financial commitments;
 Whether one party owes any legal obligation in respect of the other.
Social aspects of the
relationship
 Evidence that the relationship has been declared to government
bodies and commercial or public institutions or authorities and
acceptance of such declarations by any such bodies;
 Joint membership in organisations or groups, joint participation in
sporting, cultural, social or other activities;
 Joint travel;
 Shared values with respect to how a household should be managed;
 Shared responsibility for children; shared values with respect to
child-rearing; willingness to care for the partner’s children;
 Testimonials by parents, family members, relatives or friends and
other interested parties about the nature of the relationship and
whether the couple present themselves to others as partners.
Statements in the form of statutory declarations are preferred.
Physical and emotional
aspects of the
relationship -the degree
of commitment as
evidenced by:
 Knowledge of each other’s personal circumstances, background and
family situation;
 Shared values and interests;
 Expressed intention that the relationship will be long term;
 The extent to which the parties have combined their affairs, for
example, are they beneficiaries of one another’s insurance plans,
pensions, etc.?
 Joint decision-making with consequences for one partner affecting
the other;
 Support for each other when ill and on special occasions letters,
cards, gifts, time off work to care for other;
 The terms of the parties’ wills made out in each other’s favour
provide some evidence of an intention that the relationship is long
term and permanent;
 Time spent together;
 Time spent with one another’s families;
 Regular and continuous communication when apart.

Examples of supporting documents:
 Family memberships, medical plans, documentation from institutions that provides
recognition as a couple;
 Marriage certificate (not just a solemnization record), wedding invitations, commitment
ceremony (certificate, invitations), domestic partnership certificate;
 joint ownership of possessions, joint utility bills, lease/rental agreement, joint mortgage/loan,
property title, joint bank statements; money transfers.
 documents showing travel together, long distance phone bills; other proof of continuous
communication (emails, internet chat site printouts, letters).
 insurance policies (documents naming the partner as a beneficiary), wills, powers of
attorney;
 significant photographs;
 statements of support from families, bank manager, employers, financial professionals,
religious leaders, community leaders, professors, teachers or medical professionals.
The above elements may be present in varying degrees and not all are necessary for a
relationship to be considered conjugal. Whether an element is present may depend on the culture
or preferences of the couple. For example, in some cultures, women have a limited role in the
management of the family finances; thus there may not be joint ownership of property or joint
bank accounts. Some couples may choose to keep aspects of their financial affairs separate and
yet are clearly in a conjugal relationship and have merged their affairs in other respects.
Officers should consider each relationship individually and take into account any other relevant
information provided by the applicant (or information otherwise available to the officer), in order to
assess whether a conjugal relationship exists.
Officers should also take into account to what extent the laws and/or traditions of the applicant’s
home country may discourage the parties from openly admitting the existence of the relationship.

 

[waitingonforever]

I think what you found is a provincial definition, which essentially defines a common-law relationship (at the provincial level). I may be wrong. CIC has their own definition. Taken from their OP2:


Interdependent – physically, emotionally, financially, socially
The two individuals in a conjugal relationship are interdependent – they have combined their
affairs both economically and socially. The assessment of whether two individuals are in a
conjugal relationship should focus on evidence of interdependency.

The following list is a set of elements which, when taken together or in various combinations, may
constitute evidence of interdependency. It should be kept in mind that these elements may be
present in varying degrees and not all are necessary for a relationship to be considered conjugal.

Factor Details
Financial aspects of the
relationship
 Joint loan agreements for real estate, cars, major household
appliances;
 Joint ownership of property, other durable goods;
 Operation of joint bank accounts, joint credit cards evidence that any
such accounts have existed for a reasonable period of time;
 The extent of any pooling of financial resources, especially in relation
to major financial commitments;
 Whether one party owes any legal obligation in respect of the other.
Social aspects of the
relationship
 Evidence that the relationship has been declared to government
bodies and commercial or public institutions or authorities and
acceptance of such declarations by any such bodies;
 Joint membership in organisations or groups, joint participation in
sporting, cultural, social or other activities;
 Joint travel;
 Shared values with respect to how a household should be managed;
 Shared responsibility for children; shared values with respect to
child-rearing; willingness to care for the partner's children;
 Testimonials by parents, family members, relatives or friends and
other interested parties about the nature of the relationship and
whether the couple present themselves to others as partners.
Statements in the form of statutory declarations are preferred.
Physical and emotional
aspects of the
relationship -the degree
of commitment as
evidenced by:
 Knowledge of each other's personal circumstances, background and
family situation;
 Shared values and interests;
 Expressed intention that the relationship will be long term;
 The extent to which the parties have combined their affairs, for
example, are they beneficiaries of one another's insurance plans,
pensions, etc.?
 Joint decision-making with consequences for one partner affecting
the other;
 Support for each other when ill and on special occasions letters,
cards, gifts, time off work to care for other;
 The terms of the parties' wills made out in each other's favour
provide some evidence of an intention that the relationship is long
term and permanent;
 Time spent together;
 Time spent with one another's families;
 Regular and continuous communication when apart.

Examples of supporting documents:
 Family memberships, medical plans, documentation from institutions that provides
recognition as a couple;
 Marriage certificate (not just a solemnization record), wedding invitations, commitment
ceremony (certificate, invitations), domestic partnership certificate;
 joint ownership of possessions, joint utility bills, lease/rental agreement, joint mortgage/loan,
property title, joint bank statements; money transfers.
 documents showing travel together, long distance phone bills; other proof of continuous
communication (emails, internet chat site printouts, letters).
 insurance policies (documents naming the partner as a beneficiary), wills, powers of
attorney;
 significant photographs;
 statements of support from families, bank manager, employers, financial professionals,
religious leaders, community leaders, professors, teachers or medical professionals.
The above elements may be present in varying degrees and not all are necessary for a
relationship to be considered conjugal. Whether an element is present may depend on the culture
or preferences of the couple. For example, in some cultures, women have a limited role in the
management of the family finances; thus there may not be joint ownership of property or joint
bank accounts. Some couples may choose to keep aspects of their financial affairs separate and
yet are clearly in a conjugal relationship and have merged their affairs in other respects.
Officers should consider each relationship individually and take into account any other relevant
information provided by the applicant (or information otherwise available to the officer), in order to
assess whether a conjugal relationship exists.
Officers should also take into account to what extent the laws and/or traditions of the applicant's
home country may discourage the parties from openly admitting the existence of the relationship.

Thanks for your input miles..why should the Canadian government have so many variations of one definition...I mean so CIC has they're own laws to consider? Like in the post you have provided it states that every couple is different and live differently how can one Judge based on that fact..as far as JOINT affairs are concerned..how can we have a co-anything when we havent had the chance to do so..we dont share the same bills, but we would if he was here in Canada...they cant dictate because we do not share the same bill as it stands now..we are not in a legit relationship or an "interdependent" we have been married 11 years on the 23rd of this month...been to visit him 8 times..had a tubal ligation reversal to start a family together...I mean..in order to have any joint accounts he needs to be here in Canada to sign paper work..I dont understand what they want from us...I'm dumb founded

 

[SenoritaBella]

The good news is they don't doubt the marriage is genuine. It is difficult to get many of the items if you are not in the same place. So I was thinking the following:
1. see if you can add him to your credit card account. I would do this only if the possibility of maxing it out is very low. Or get a separate credit card account with very low limit and add him to that one. He can use it to make purchases and repay the balance if able.
2. get proof of the tubal ligation reversal, if it wasn't submitted.
3. if you haven't started a family yet(since the reversal), perhaps explain why to them?
4. did you change your status with Revenue Canada and submit proof?
5. are you guys facebook friends? Print the page where it shows when you became friends, you guys' marital status on there, comments from friends, etc. Good way to show your relationship is known publicly, which may address the 'social' part of their concern.
6. do you have emails/texts with your friends or his in which you talk about each other?
7. have you changed your beneficiaries to include him? His signature is not required.
8. Is he one of your emergency contacts should something happen? I think you can have more than one. Get copies of this.
9. try getting a living will... include him as a beneficiary
10. is he able to send you stuff/gifts by regular mail or even through people travelling from Jamaica to Canada?
11. if you have family/friends in Jamaica - perhaps the things you would normally do for them from Canada, you can ask hubby to do on your behalf and give you feedback when done? I would use email/text msgs for this. I think this will show you both support each other.

I'm just trying to think of helpful ways. Hope it all works out well in the end! hugs

Thanks for your input miles..why should the Canadian government have so many variations of one definition...I mean so CIC has they're own laws to consider? Like in the post you have provided it states that every couple is different and live differently how can one Judge based on that fact..as far as JOINT affairs are concerned..how can we have a co-anything when we havent had the chance to do so..we dont share the same bills, but we would if he was here in Canada...they cant dictate because we do not share the same bill as it stands now..we are not in a legit relationship or an "interdependent" we have been married 11 years on the 23rd of this month...been to visit him 8 times..had a tubal ligation reversal to start a family together...I mean..in order to have any joint accounts he needs to be here in Canada to sign paper work..I dont understand what they want from us...I'm dumb founded

 

[MilesAway]

I completely agree about CIC being a bit crazy.

I live with my fiancee and we don't have any of those things, because it's actually illegal for us to be together here.

Have you read your GCMS notes? I think that is your best bet, to see exactly what issues the VO had with your case. With 11 years of marriage, I'm a bit baffled. Have you lived together before? They may wonder why you are only applying now if you've been married 11 years.

Best of luck.

 

[waitingonforever]

I completely agree about CIC being a bit crazy.

I live with my fiancee and we don't have any of those things, because it's actually illegal for us to be together here.

Have you read your GCMS notes? I think that is your best bet, to see exactly what issues the VO had with your case. With 11 years of marriage, I'm a bit baffled. Have you lived together before? They may wonder why you are only applying now if you've been married 11 years.

Best of luck.

I am in the midst of ordering the notes..and yes we lived together before and after we were married...at the time I was on assistance because of a disability and was unable to sponsor him..I was excepted for ODSP in 2010..I thought ODSP was the same as social assistance come to find out in 2012 its not...so we went ahead and filed...thats why it took so long...if he was that interested in Canada or coming to Canada he would have divorced me along time ago to re-marry someone who could sponsor him...but he stuck with me thru thick and thin..we are very much in love and we will prove this to CIC

 

[canadianwoman]

There are many definitions of common law. There are many definitions of what an interdependent relationship is. In each case, the one that matters for immigration purposes is the one that CIC uses. So even though you have been married 11 years, the visa officer must have felt that you two were not interdependent. That is, you both live your own lives, separately, and are not really dependent emotionally on each other. If you appeal, you will have to show that you are interdependent emotionally, and that the financial aspects are not as interdependent as CIc might like simply because you do not live together.