Cine poate fi inclus in cerere
Solicitanții căsătoriți pot face cerere de emigrare fie împreună cu membrii familiei fie singuri.
Membrii de familie ce pot fi incluși în cererea de emigrare a solicitantului sunt:
PARTENERA ori PARTENERUL solicitantului si COPILUL DEPENDENT al solicitantului si/sau al partenerei/partenerului.
Legislaţia canadiană de imigraţie defineşte:
PARTENER al solicitantului:
soția (sau soțul) solicitantului ori
partenera consensuală (concubina) / partenerul consensual (concubinul) în cazul în care relația de concubinaj îndeplinește cerințele legislației canadiene de imigrație (relație de tip conjugal, de minimum 1 an, timp în care partenerii au locuit împreună).
COPIL DEPENDENT , în relaţie faţă de părinte , înseamnă un copil care:
- se află în una din următoarele situații față de părintele menționat:
- este copilul biologic al părintelui , sau al soţului/soţiei acestuia sau al partenerului de concubinaj al acestuia , atata vreme cat copilul nu a fost înfiat de o alta persoană , alta decat soţia/soţul sau partenerul de concubinaj al părintelui sau
- este adoptat de părinte sau de soția/soțul acestuia sau de partenera/partenerul de concubinaj al acestuia
- se află într-una din următoarele situații de dependență:
- i) este mai mic de 22 ani și nu este căsătorit nici într-o relație de concubinaj sau
- ii) are 22 ani sau este mai în varstă şi este întreţinut financiar de părinte sau de soţia/soţul acestuia sau de partenerului de concubinaj al acestuia, datorită incapacitaţii de a se întreţine financiar singur, incapacitate cauzată de o deficienţă fizică sau mentală.
Relația de Concubinaj
Autoritățile de imigrație solicită candidaților care nu sunt căsătoriți însă depun o cerere în cuplu, să probeze relația de concubinaj:
De facto spouses must enclose official proof of marital cohabitation for a period of at least one year prior to submitting the application. This proof (certified true copy) could be a copy of an official identity document bearing your address (passport or identity card) for yourself and your spouse, an official cohabitation certificate (certificat de concubinage), a financial commitment (hypothecary credit, common account), common invoice (electricity, gas).
Pour les conjoints de fait, vous devez joindre une preuve de cohabitation maritale officielle pour une période d?au moins un an avant le dépôt de la demande. Cette preuve (copie certifiée conforme) peut être par exemple : une copie d?une pièce d?identité officielle avec adresse (passeport ou carte d?identité) pour vous-même et pour votre conjoint, un certificat de concubinage officiel, un engagement financier commun (hypothèque, comptes communs), des factures communes (éléctricité, gaz).
Iată mai jos o descriere detaliată a modului în care legislația canadiană percepe relația conjugală:
Characteristics of conjugal relationships
The word ?conjugal? is not defined in legislation; however, the factors that are used to determine whether a couple is in a conjugal relationship are described in court decisions.
Marriage is a status-based relationship existing from the day the marriage is legally valid until it is severed by death or divorce.
A common-law relationship (and in the immigration context, a conjugal partner relationship) is a fact-based relationship which exists from the day on which the two individuals can reasonably demonstrate that the relationship meets the definition set out in the Regulations.
While this is a significant difference, there are many similarities in the two types of relationships. This is because of the history of the recognition in law of common-law relationships and their definition, which includes the word ?conjugal.?
The term ?conjugal? was originally used to describe marriage. Then, over the years, it was expanded by various court decisions to describe ?marriage-like? relationships, i.e., a man and a woman in a common-law relationship. With the M. v. H. decision in 1999, the Supreme Court of Canada further expanded the term to include same-sex common-law couples.
The word ?conjugal? does not mean ?sexual relations? alone. It signifies that there is a significant degree of attachment between two partners. The word ?conjugal? comes from two Latin words, one meaning ?join? and the other meaning ?yoke,? thus, literally, the term means ?joined together? or ?yoked together.?
In the M. v. H. decision, the Supreme Court adopts the list of factors that must be considered in determining whether any two individuals are actually in a conjugal relationship from the decision of the Ontario Court of Appeal in Moldowich v. Penttinen. They include:
- shared shelter (e.g., sleeping arrangements);
- sexual and personal behaviour (e.g., fidelity, commitment, feelings towards each other);
- services (e.g., conduct and habit with respect to the sharing of household chores);
- social activities (e.g., their attitude and conduct as a couple in the community and with their families);
- economic support (e.g., financial arrangements, ownership of property);
- children (e.g., attitude and conduct concerning children)
- the societal perception of the two as a couple.
From the language used by the Supreme Court throughout M. v. H., it is clear that a conjugal relationship is one of some permanence, where individuals are interdependent ? financially, socially, emotionally, and physically ? where they share household and related responsibilities and where they have made a serious commitment to one another.
Based on this, the following characteristics should be present to some degree in all conjugal relationships, married and unmarried:
- mutual commitment to a shared life;
- exclusive ? cannot be in more than one conjugal relationship at a time;
- intimate ? commitment to sexual exclusivity;
- interdependent ? physically, emotionally, financially, socially;
- permanent ? long-term, genuine and continuing relationship;
- present themselves as a couple;
- regarded by others as a couple;
- caring for children (if there are children).
People who are dating or who are thinking about marrying or living together and establishing a common-law relationship are NOT yet in a conjugal relationship, nor are people who want to live together to ?try out? their relationship.
Persons in a conjugal relationship have made a significant commitment to one another. A married couple makes the commitment publicly at a specific point in time via their marriage vows and ceremony, and the marriage certificate and registration is a record of that commitment. In a common-law or conjugal partner relationship, there is not necessarily a single point in time at which a commitment is made, and there is no one legal document attesting to the commitment. Instead, there is the passage of time together, the building of intimacy and emotional ties and the accumulation of other types of evidence, such as naming one another as beneficiaries of insurance policies or estates, joint ownership of possessions, joint decision-making with consequences for one partner affecting the other, and financial support of one another (joint expenses or sharing of income, etc. When taken together, these facts indicate that the couple has come to a similar point as that of a married couple ? there is significant commitment and mutual interdependence in a monogamous relationship of some permanence.
Assessment of conjugal relationships
The following are key elements that officers may use to establish whether a couple is in a conjugal relationship. These apply to spouses, common-law partners and conjugal partners.
- Mutual commitment to a shared life to the exclusion of all other conjugal relationshipsA conjugal relationship is characterized by mutual commitment, exclusivity, and interdependence and therefore cannot exist among more than two people simultaneously. The word ?conjugal? includes the requirement of monogamy and, therefore, an individual cannot be in more than one conjugal relationship at one time. For example, a person cannot have a conjugal relationship with a legally married spouse and another person at the same time. Nor can a person have a conjugal relationship with two unmarried partners at the same time. These would be polygamous-like relationships and cannot be considered conjugal.This does not, however, require that an individual in an unmarried conjugal relationship be divorced from a legally married spouse.The requirement of exclusivity or monogamy applies in equal measure to marriage, common-law partnership and conjugal partnership. Thus, the common-law and conjugal partner categories cannot be used to get around restrictions related to bigamy and polygamy. By the same token, common-law and conjugal partner relationships are not expected to be any more exclusive than ordinary married relationships. Proof of exclusivity is not usually required in the assessment of these relationships any more than it would be in assessing a marriage.
- Interdependent ? physically, emotionally, financially, sociallyThe two individuals in a conjugal relationship are interdependent ? they have combined their affairs both economically and socially. The assessment of whether two individuals are in a conjugal relationship should focus on evidence of interdependency.The following list is a set of elements which, when taken together or in various combinations, may constitute evidence of interdependency. It should be kept in mind that these elements may be present in varying degrees and not all are necessary for a relationship to be considered conjugal.
Financial aspects of the relationship
- Joint loan agreements for real estate, cars, major household appliances;
- Joint ownership of property, other durable goods;
- Operation of joint bank accounts, joint credit cards evidence that any such accounts have existed for a reasonable period of time;
- The extent of any pooling of financial resources, especially in relation to major financial commitments;
- Whether one party owes any legal obligation in respect of the other.
Social aspects of the relationship
- Evidence that the relationship has been declared to government bodies and commercial or public institutions or authorities and acceptance of such declarations by any such bodies;
- Joint membership in organisations or groups, joint participation in sporting, cultural, social or other activities;
- Joint travel;
- Shared values with respect to how a household should be managed;
- Shared responsibility for children; shared values with respect to child-rearing; willingness to care for the partner?s children;
- Testimonials by parents, family members, relatives or friends and other interested parties about the nature of the relationship and whether the couple present themselves to others as partners.
- Statements in the form of statutory declarations are preferred.
Physical and emotional aspects of the relationship
The degree of commitment as evidenced by:
- Knowledge of each other?s personal circumstances, background and family situation;
- Shared values and interests;
- Expressed intention that the relationship will be long term;
- The extent to which the parties have combined their affairs, for example, are they beneficiaries of one another?s insurance plans, pensions, etc.?
- Joint decision-making with consequences for one partner affecting the other;
- Support for each other when ill and on special occasions letters, cards, gifts, time off work to care for other;
- The terms of the parties? wills made out in each other?s favour provide some evidence of an intention that the relationship is long term and permanent;
- Time spent together;
- Time spent with one another?s families;
- Regular and continuous communication when apart.
Examples of supporting documents:
- Family memberships, medical plans, documentation from institutions that provides recognition as a couple;
- Marriage certificate (not just a solemnization record), wedding invitations, commitment ceremony (certificate, invitations), domestic partnership certificate;
- joint ownership of possessions, joint utility bills, lease/rental agreement, joint mortgage/loan, property title, joint bank statements;
- money transfers;
- documents showing travel together, long distance phone bills; other proof of continuous communication (emails, internet chat site printouts, letters);
- insurance policies (documents naming the partner as a beneficiary), wills, powers of attorney;
- significant photographs;
- statements of support from families, bank manager, employers, financial professionals, religious leaders, community leaders, professors, teachers or medical professionals.
The above elements may be present in varying degrees and not all are necessary for a relationship to be considered conjugal. Whether an element is present may depend on the culture or preferences of the couple. For example, in some cultures, women have a limited role in the management of the family finances; thus there may not be joint ownership of property or joint bank accounts. Some couples may choose to keep aspects of their financial affairs separate and
yet are clearly in a conjugal relationship and have merged their affairs in other respects.
Officers should consider each relationship individually and take into account any other relevant information provided by the applicant (or information otherwise available to the officer), in order to assess whether a conjugal relationship exists.
Officers should also take into account to what extent the laws and/or traditions of the applicant?s home country may discourage the parties from openly admitting the existence of the relationship.
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. 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.
What is cohabitation?
?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.
While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short.
The following is a list of indicators about the nature of the household that constitute evidence that a couple in a conjugal relationship is cohabiting:
- Joint bank accounts and/or credit cards;
- Joint ownership of residential property;
- Joint residential leases;
- Joint rental receipts;
- Joint utilities accounts (electricity, gas, telephone);
- Joint management of household expenditures;
- Evidence of joint purchases, especially for household items;
- Correspondence addressed to either or both parties at the same address;
- Important documents of both parties show the same address, e.g., identification documents, driver?s licenses, insurance polices, etc.;
- Evidence of children of one or both partners residing with the couple;
- Telephone calls.
These elements may be present in varying degrees and not all are necessary to prove cohabitation. This list is not exhaustive; other evidence may be taken into consideration.