![]() This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still consider themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.įor common-law relationships, the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship still exists. Additional information is found in the Basic Guide for sponsors and applicants and on the Document Checklist for common-law partners ( PDF, 1.81 MB). In addition, they may submit other evidence that they have been living together for at least one year. Sponsors and their common-law partners are required to complete and submit the form IMM 5532 ( PDF, 2.21 MB) (Relationship Information and Sponsorship Evaluation) as part of their application. There should be evidence demonstrating that both parties are continuing the relationship. 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. war, political unrest), or employment or education-related reasons, and therefore are not cohabiting at the time an application is submitted. ![]() For example, a couple may have been separated due to illness or death of a family member, adverse country conditions (e.g. Sponsor in Canada and common-law partner abroadĪccording to case law, the definition of a 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 while still maintaining a common-law relationship. The separation must be temporary and short. While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The continuous nature of the cohabitation is a universal understanding based on case law. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year. This is the standard definition used across the federal government. To be considered common-law partners, they must have cohabited for at least one year. Two people who are cohabiting have combined their affairs and set up their household together in one dwelling. Sponsoring a previously-separated spouse as a common-law partnerĬohabitation means living together.Sponsor or common-law partner legally married to another person.Sponsor or common-law partner with a previous common-law relationship.Sponsor in Canada and common-law partner abroad.This is in contrast to a marriage, which is legally a de jure relationship, meaning that it has been established in law. The onus is on the applicant to prove that they have been living common-law for at least one year before an application is received at CPC-M.Ī common-law relationship is legally a de facto relationship, meaning that it must be established in each individual case, based on the facts. ![]() A common-law relationship exists from the day on which two individuals can provide evidence to support their cohabitation in a conjugal relationship. \(\mathbb\).In the immigration context, a common-law partnership means that a couple have lived together for at least one year in a conjugal relationship.
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