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In the context of Canadian immigration, what is the minimum duration of cohabitation required to establish a common-law relationship?
In the context of Canadian immigration, what is the minimum duration of cohabitation required to establish a common-law relationship?
Legally, how is a common-law relationship best classified in contrast to marriage?
Legally, how is a common-law relationship best classified in contrast to marriage?
Which of the following best describes 'cohabitation' in the context of a common-law partnership?
Which of the following best describes 'cohabitation' in the context of a common-law partnership?
For cohabitation to be considered continuous in establishing a common-law relationship, under what conditions can temporary separations occur?
For cohabitation to be considered continuous in establishing a common-law relationship, under what conditions can temporary separations occur?
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After a couple has established a common-law relationship by cohabiting for over a year, under what condition might they live apart at the time of application submission and still be considered common-law partners?
After a couple has established a common-law relationship by cohabiting for over a year, under what condition might they live apart at the time of application submission and still be considered common-law partners?
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Which of the following scenarios is explicitly mentioned as a valid reason for a couple, already in a common-law relationship, to be living apart when an application is submitted without negating their status?
Which of the following scenarios is explicitly mentioned as a valid reason for a couple, already in a common-law relationship, to be living apart when an application is submitted without negating their status?
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In the process of immigration, who is primarily responsible for providing the necessary evidence to prove the existence of a common-law relationship?
In the process of immigration, who is primarily responsible for providing the necessary evidence to prove the existence of a common-law relationship?
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According to case law, how is the definition of a 'common-law partner' best interpreted in the context provided?
According to case law, how is the definition of a 'common-law partner' best interpreted in the context provided?
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What is the minimum required duration for cohabitation to establish a common-law partnership for sponsorship purposes, assuming other criteria are met?
What is the minimum required duration for cohabitation to establish a common-law partnership for sponsorship purposes, assuming other criteria are met?
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Which form is specifically required to be completed and submitted by sponsors and common-law partners as part of their sponsorship application?
Which form is specifically required to be completed and submitted by sponsors and common-law partners as part of their sponsorship application?
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In cases where a sponsor was in a previous common-law relationship, what must an officer assess to be satisfied about the current sponsorship application?
In cases where a sponsor was in a previous common-law relationship, what must an officer assess to be satisfied about the current sponsorship application?
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Under what condition can a person legally married to someone else be considered a common-law partner for sponsorship?
Under what condition can a person legally married to someone else be considered a common-law partner for sponsorship?
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What is a key factor that makes it more challenging to establish the existence of a common-law relationship when partners are separated?
What is a key factor that makes it more challenging to establish the existence of a common-law relationship when partners are separated?
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Which of the following is NOT typically considered as additional evidence to prove a genuine common-law relationship?
Which of the following is NOT typically considered as additional evidence to prove a genuine common-law relationship?
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Why might a previously separated spouse be excluded from being sponsored if they were a non-accompanying family member?
Why might a previously separated spouse be excluded from being sponsored if they were a non-accompanying family member?
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What is the legal age requirement for both spouses and common-law partners to be eligible for sponsorship?
What is the legal age requirement for both spouses and common-law partners to be eligible for sponsorship?
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Which of the following best describes the concept of 'conjugal' in the context of common-law relationships?
Which of the following best describes the concept of 'conjugal' in the context of common-law relationships?
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In the context of sponsorship, what is the consequence if a common-law partnership is determined to have been dissolved solely for immigration purposes?
In the context of sponsorship, what is the consequence if a common-law partnership is determined to have been dissolved solely for immigration purposes?
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What is the status of a legal spouse who was not examined because the sponsor was in a common-law relationship at the time of their own immigration?
What is the status of a legal spouse who was not examined because the sponsor was in a common-law relationship at the time of their own immigration?
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Which of the following relationships is explicitly stated as NOT being recognized as a common-law partnership?
Which of the following relationships is explicitly stated as NOT being recognized as a common-law partnership?
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What type of document can be requested by an officer if the information in form IMM 5532 is insufficient to prove marriage breakdown from a previous marriage?
What type of document can be requested by an officer if the information in form IMM 5532 is insufficient to prove marriage breakdown from a previous marriage?
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What is the implication for cohabitation if one party is still maintaining a conjugal relationship with a person to whom they are legally married?
What is the implication for cohabitation if one party is still maintaining a conjugal relationship with a person to whom they are legally married?
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According to the regulations, what is the onus of proof regarding the end of a previous relationship when sponsoring a previously-separated spouse?
According to the regulations, what is the onus of proof regarding the end of a previous relationship when sponsoring a previously-separated spouse?
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Study Notes
Assessing Common-Law Relationships for Immigration
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Definition: A common-law partnership, for immigration purposes, is a conjugal relationship where two individuals have cohabited for at least one year. This is considered a de facto ("in fact") relationship.
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Proof of Cohabitation: The applicant is responsible for proving at least one year of continuous cohabitation in a conjugal relationship before the application to the Canadian immigration office.
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Continuous Cohabitation: Cohabitation means living together continuously, not intermittently, for a year. Temporary absences for work, travel, or family reasons are acceptable if the separation is short.
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Separation: Temporary separations are permissible, but prolonged absences make proving the continuance of the relationship more challenging.
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Documentation: Form IMM 5532 (Relationship Information and Sponsorship Evaluation) is required. Additional documentation showing one year of continuous cohabitation might be needed.
Previous Relationships
- Relationship End: A common-law relationship ends on death or when at least one partner intends to end the relationship.
- Past Relationships: If a sponsor has a prior common-law relationship, the officer must confirm if the previous relationship has ended and if the new relationship is genuine, not for immigration purposes only.
Legally Married Partners
- Separation Required: Individuals legally married to someone else can be considered common-law partners only if they're separated and have lived apart for at least one year, cohabiting in a conjugal relationship with the common-law partner during that time.
- Evidence: Demonstrating the breakdown of the marriage is crucial. Documents like separation agreements, court orders, or changes to beneficiaries on legal documents (insurance, wills etc.) are helpful.
Previously Separated Spouses
- Family Class Exclusion: A previously separated spouse, not examined at the time the sponsor applied, may be excluded from the family class.
- R4.1 Exception: The officer must determine if the original common-law relationship was dissolved solely for immigration purposes. A genuine new relationship is required to proceed.
Minimum Age and Prohibited Relationships
- Age of Consent: Common-law partners must be at least 18 years old for the relationship to be legally recognized. They can live together before that age, but the relationship isn't officially common-law until one year after both partners turn 18
- Prohibited Degrees: Common-law relationships, like marriages, are subject to prohibited degrees of consanguinity (incest), age of consent, and criminal detention.
- Exclusivity: A person cannot be in a common-law relationship with more than one individual simultaneously, as conjugal relationships imply exclusivity.
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Description
This quiz focuses on the requirements for assessing common-law relationships for immigration purposes in Canada. It covers definitions, proof of cohabitation, and the necessary documentation to establish eligibility. Test your knowledge on what constitutes a de facto relationship and how to navigate the immigration application process.
