Concern:
I want to know if it is possible to process joint cohabitation for the purpose of filing for a common-law open work permit in Canada, given that my partner is currently working abroad temporarily. The context is the Philippines.

∇ Legal Contemplator

This is an interesting and intricate concern. At first glance, it seems like a straightforward situation, but there are many elements to consider. Let’s start with the foundational understanding of common-law partnerships, cohabitation requirements, and implications of temporary absences.

Starting with Definitions

Common-law relationship: In the Canadian immigration context, this typically requires proof of at least 12 months of continuous cohabitation in a conjugal relationship.
- Continuous cohabitation suggests that you and your partner must live together, with minimal interruptions, for the required duration.
- This raises immediate questions:
  - Does "continuous cohabitation" allow for temporary separations, such as work-related absences?
  - If yes, what kind of evidence is necessary to prove the relationship's authenticity during periods of separation?
Temporary absences: Temporary work abroad may not automatically break the continuity of cohabitation if it can be demonstrated that the absence is temporary, and the relationship remains committed and ongoing.
- But how long can an absence be considered "temporary"? Weeks? Months? A year?
- Does the nature of the absence (e.g., voluntary vs. mandatory, work-related vs. personal) affect this determination?

Key Questions to Explore

What evidence do immigration authorities (specifically, Canada in this case) require to establish continuous cohabitation when one partner is temporarily abroad?
How does the Philippine legal framework around domestic partnerships and cohabitation impact this situation? Does it even matter, given that the final decision will rest with Canadian authorities?
Are there precedents or official guidelines from Canada Immigration that address scenarios like this?

Unpacking the Cohabitation Requirement

Cohabitation is central to common-law partnerships. It implies sharing a household, living together in an intimate relationship, and presenting yourselves as a couple to the world. For Canada, this 12-month period is non-negotiable.

Can periods of separation due to work abroad count against this requirement?
- At first, it seems logical that short-term absences wouldn’t disqualify a couple. Life often involves temporary separations, especially for economic reasons.
- However, where do immigration authorities draw the line between "temporary absence" and "no longer cohabiting"?

Canadian Immigration Guidance:

Canadian immigration policies suggest that couples can claim common-law status even if separated for a time, as long as the separation is short, temporary, and for a legitimate reason (e.g., work obligations).
- This provides some reassurance, but it’s vague.
- How does one prove that the absence was temporary? Would returning home frequently be enough? Or are documents like proof of communication (emails, video calls, etc.) and joint financial records required?
- Would longer absences (e.g., several months or a year) weaken the claim?

Role of Supporting Evidence

Strong evidence is critical to prove the authenticity of your relationship. What kind of proof will suffice?

During the period of cohabitation:
- Lease agreements or property ownership documents listing both names.
- Shared utility bills.
- Photos together, especially in a shared home setting.
- Affidavits from friends or family attesting to your relationship.
During the period of separation:
- Evidence of ongoing communication: chat logs, emails, video call screenshots.
- Proof of visits, if any (e.g., flight itineraries, photos together during visits).
- Financial evidence, such as shared bank accounts, remittance receipts, or joint expenses.

Philippine Legal Context

The Philippine legal system does not formally recognize common-law relationships in the same way Canada does, except in specific contexts (e.g., family law for determining property division or inheritance).

Will the lack of formal recognition of common-law partnerships in the Philippines complicate your application?
- Likely not, since Canada’s assessment focuses on the relationship's authenticity and adherence to Canadian requirements, not Philippine definitions.
- Still, it may be worth exploring whether a notarized affidavit of cohabitation or a sworn statement could add credibility.

Challenges and Concerns

Duration of Absence: How long has your partner been abroad?
- If it’s been several months or a year, convincing authorities that the absence hasn’t disrupted cohabitation may be more challenging.
- Shorter absences (e.g., weeks or a couple of months) are easier to justify.
Intent to Return: Does your partner’s work abroad include a clear end date or plan to return to the Philippines?
- Immigration authorities are likely to view the situation more favorably if there’s evidence that your partner intends to resume cohabitation soon.
Proof of Continued Commitment: Evidence of your ongoing commitment during the separation becomes vital. But is it enough to outweigh the lack of physical presence?

Possible Outcomes and Risks

Approval: If you provide comprehensive evidence and clearly articulate the temporary nature of the separation, your application could succeed.
Rejection: A lack of strong evidence might lead authorities to question whether the relationship qualifies as a common-law partnership.
Request for Additional Information: Immigration officials may request more documents, causing delays.

Final Thoughts

This question highlights the tension between rigid legal definitions and the complexities of real-life relationships. While temporary absences for work abroad do not automatically disqualify a common-law application, the burden of proof rests on you.

Final Answer:
Yes, you can still process joint cohabitation for a common-law open work permit in Canada, even if your partner is temporarily working abroad. However, you must provide substantial evidence to demonstrate:

At least 12 months of continuous cohabitation before the separation.
The temporary nature of the absence, with plans to reunite.
Ongoing commitment and communication during the separation.

Collecting thorough and credible documentation will be key to strengthening your case.