Hello. I submitted my pr application in November 2022, now still waiting for portal. My partner and I have lived together for 12 months in February 2023. After 12 months, she moved to another province for study purpose (she is now holding a study permit), and we will not stay together for this year.
Can I sponsor her after I get pr and live together for another 12 months? Or I have to tell IRCC my marital status has changed to common law now?
If I understand correctly, at the time that you
submitted the PR application you and your partner were NOT yet deemed to be common-law, correct?
Even though she has now moved away, you did still reach a point where you were deemed to have been common-law and should probably disclose that to IRCC, especially if you will be
maintaining your relationship from a distance, even though you will not be cohabiting under the same roof; she moved away to study, but you could still be deemed to be common-law if the relationship is ongoing. Since you're already planning to sponsor her in future, it sounds like your relationship is not ending.
Disclosing this information
before you actually land as a PR can only be a good thing, for when you decide to sponsor her for PR in the future. At the very least, she would have to show her address history in her PR application, which would also show your residential history as her sponsor, making it easy for IRCC to see the 12 months of cohabiting.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html
According to case law, the definition of a 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 while still maintaining a common-law relationship. For example, a couple may have been separated due to illness or death of a family member, adverse country conditions (e.g. war, political unrest), or employment or education-related reasons, and therefore are not cohabiting at the time an application is submitted. Despite the break in cohabitation, a common-law relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship.
As always, wait for others to offer their opinion(s) because I am not 100% sure if the above is correct in your situation.
