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my Chilean partner is planning to apply to the IEC Work Holiday visa.
We are currently living in Chile as common law partners. I plan on going back to Canada in May or June and he would arrive somewhere in October.
I've read that he will have to fill out a Family Information form and mention me as his common law partner. To to question "Will accompany you to Canada?", should he write yes or now? I don't want to put any information that could lead to misrepresentation. I will already be in Canada when he arrives, but we will be living together there.
Also, if the officers are aware that he will have a common law partner in Canada, could this be a reason they deny his IEC visa or even entry to Canada since the purpose of this visa is to stay a year then leave? I think I've read something about it.
my Chilean partner is planning to apply to the IEC Work Holiday visa.
We are currently living in Chile as common law partners. I plan on going back to Canada in May or June and he would arrive somewhere in October.
I've read that he will have to fill out a Family Information form and mention me as his common law partner. To to question "Will accompany you to Canada?", should he write yes or now? I don't want to put any information that could lead to misrepresentation. I will already be in Canada when he arrives, but we will be living together there.
Also, if the officers are aware that he will have a common law partner in Canada, could this be a reason they deny his IEC visa or even entry to Canada since the purpose of this visa is to stay a year then leave? I think I've read something about it.
1. He should answer No, with an explanation that you have traveled ahead of him. Be careful, a 4-5 months separation for C/law can have consequences.
2. No, it would not be a reason to refuse an IEC as long as he meets the other requirements.
I will tell him to put "no" and tell him to explain that I will travel before him.
To the "4-5 months of separation for Common law can have consequences", I'm aware of that.
We have been living together in Chile for more than 12 months without interruption and have proof of that. We will continue to maintain and "document" the relationship with proofs of communication (email, letters, chat) during the time we are apart.
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when
the definition says “is cohabiting”?
According to case law, the definition of 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 without legally breaking the cohabitation... Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year.
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