Me and my same-sex partner can’t legally get married in our home country. We have physically lived together April 2020-Sep 2021 before I got to Canada for school.
Asked OINP if I could include her as common law and they replied I could include dependents in my application.
My ground that we are still common law is “After the one year period of cohabitation has been established, the partners may live apart for periods of time while still maintaining a common-law relationship. For example, a couple may have been separated due to illness or death of a family member, adverse country conditions (e.g. war, political unrest), or employment or education-related reasons, and therefore are not cohabiting at the time an application is submitted. 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.” And "common-law partners who have been in a conjugal relationship for at least one year but unable to live together or appear in public together because of legal restructions in their home country ... may still qualify and should be included on the application."
Would this work? And what are the risks? Can one the principal be approved and the dependent be rejected or is there only one decision to be made for all included in the application?
thank you so very much for your time!
Asked OINP if I could include her as common law and they replied I could include dependents in my application.
My ground that we are still common law is “After the one year period of cohabitation has been established, the partners may live apart for periods of time while still maintaining a common-law relationship. For example, a couple may have been separated due to illness or death of a family member, adverse country conditions (e.g. war, political unrest), or employment or education-related reasons, and therefore are not cohabiting at the time an application is submitted. 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.” And "common-law partners who have been in a conjugal relationship for at least one year but unable to live together or appear in public together because of legal restructions in their home country ... may still qualify and should be included on the application."
Would this work? And what are the risks? Can one the principal be approved and the dependent be rejected or is there only one decision to be made for all included in the application?
thank you so very much for your time!