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| Subject: What is "COHABITATION"? |
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Question 27 of the Sponsored Spouse/Partner Questionnaire IMM 5490 is extremely misleading.
The question starts with “Have you and your partner lived together”? If you check off yes, the question asks GIVE DATES OF PERIODS OF “COHABITATION.”
Cohabitation does not mean living together.
Cohabitation does not mean having a sexual relationship.
Cohabitation has to be more than just sharing the same bed in the same residence.
Far too many Spousal Sponsorship applicants are answering question 27 incorrectly. The problem is the perceived definition of the word “cohabitation” when completing an application with the intention of proving your relationship is genuine.
Hey, we have sex and normally share the same residence we must be involved in "COHABITATION",” WRONG!
We lived together for six months then slit up for a period of time before getting back together, we had to be involved in cohabitation, WRONG!
Some people can share the same bed all the time. Be in a sexual relationship at the same residence and not be involved in “cohabitation.”
Federal Court Decision -
The question of "cohabitation" in my opinion means more than simple shared residence, if that is indeed the situation here.
To "cohabit" has been interpreted as meaning a "marriage-like" relationship characterized by the features of financial interdependence, a sexual relationship, a common principal residence, mutual obligations of shared responsibilities of running the home and the "expectation that each day that there be a mutual dependency"
http://decisions.fct-cf.gc.ca/en/2008/2008fc486/2008fc486.html?goback=%2Egmr_2932885%2Egde_2932885_member_220625645
The biggest problem is that the Visa Officers do not understand the correct interpretation of the word COHABITATION.
If you put down you guys were living together prior to the Sponsor getting landed and your new partner was not medically examined your spousal application will be refused!
People are getting refused due to this word COHABITATION 117 (9) (d)
BE CAREFUL WHEN DOING YOUR OWN APPLICATION - AN INTERPRETATION OF A SINGLE WORD CAN MEAN SUCCESS OR FAILURE.
Roy
cvimmigration.com
[08-03-2013,07:37]
[***.113.87.90]
Roy |
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