UDI 2010-034 The permanent and established relationship of cohabitation condition

The Immigration Act section 41 stipulates the condition that the applicant and the sponsor must have lived together in a permanent and established relationship of cohabitation for at least two years and intend to continue their cohabitation. In principle, the requirement for a permanent and established relationship of cohabitation applies to the last two years.

In cases where the cohabitants have been forced to interrupt their cohabitation due to work or other practical reasons, the condition for a permanent and established relationship of cohabitation shall nonetheless be deemed to have been met when the parties can document regular contact to the extent to which their financial situation and work has permitted, and the parties have concrete plans to move together. It is a condition that the parties can document that they cohabited for at least two years prior to the interruption.