Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
Proving Cohabitation
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fred223 Posts: 1
Posted On: 9/3/2020
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Hello,
My Common Law partner is attempting to sponsor me for Permanent Residence. We are currently trying to prove our cohabitation. At the moment we are living in one location, however because we are only staying here for around 4 months we have kept our mailing address as her mums house. To prove cohabitation here we are going to supply a rental agreement with our land lord, a letter from our landlord and receipts to prove that we have paid rent.
However all of our bank accounts, insurance etc. that we provide will have our mailing address on them. Is this likely to be an issue? Any advice that people can give or if you have had similar circumstances etc. would be much appreciated.
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Moderator Moderator Posts: 4075
Posted On: 9/11/2020
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Thank you for sharing your situation and questions with us. We can understand how this is a complex process you are trying to get a full understanding of.
You can find more details on the Immigration Refugee Citizenship Canada (IRCC) website's operational manuals about what it means to be “common-law” for sponsorship. Here is an excerpt:
“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 to prove that they are in a conjugal relationship and that they are cohabiting, having so cohabited for a 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.”
Cohabitation is defined as:
““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.”
You may also find this previous user’s thread on the topic helpful for ideas on how to document your status.
It may be best to consult a reputable and registered immigration consultant or an immigration lawyer familiar with immigration issues and family law for advice regarding your situation. To find a community legal clinic in your area, visit Services Near Me.
We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Sincerely,
Theresa, CCRS
Your Settlement.Org Team
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