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Common law application

P Min

Full Member
Mar 22, 2024
28
0
My partner and I have been living together since July 2019 (almost 5 years)

I went to my home country to visit my family in February 2020 for 3 months. However, the lockdown of COVID-19 so I stayed 3 more months in my country (so it’s 6 months in total) and came back in August 2020.

We are applying for a common-law application now. There’s a question in the form asks “when did you entry the common law relationship?” May I type July 2020?

Thank you in advance for your answers!
 

armoured

VIP Member
Feb 1, 2015
17,325
8,921
My partner and I have been living together since July 2019 (almost 5 years)

I went to my home country to visit my family in February 2020 for 3 months. However, the lockdown of COVID-19 so I stayed 3 more months in my country (so it’s 6 months in total) and came back in August 2020.

We are applying for a common-law application now. There’s a question in the form asks “when did you entry the common law relationship?” May I type July 2020?

Thank you in advance for your answers!
No. It would be August or September 2021 - it is common law beginning one year after the date that begins a 12 month period of living together continuously. Your previous time didn't get to that 12 month continuous total.

You can add a letter of explanation - short, factual, nothing to be defensive about here - that you began living together in 2019 but due to a trip abroad of six months, your period of 12-mos continuous cohabitation didn't properly begin until August 2020.

[A side note that it seems even IRCC occasionally gets confused about whether 'start' of common law means one year after beginning to cohabit or the day one begins to cohabit. It is the former, the 12-month anniversary - but it would be irrelevant in your case anyway since several years of cohabitation.]
 

P Min

Full Member
Mar 22, 2024
28
0
No. It would be August or September 2021 - it is common law beginning one year after the date that begins a 12 month period of living together continuously. Your previous time didn't get to that 12 month continuous total.

You can add a letter of explanation - short, factual, nothing to be defensive about here - that you began living together in 2019 but due to a trip abroad of six months, your period of 12-mos continuous cohabitation didn't properly begin until August 2020.

[A side note that it seems even IRCC occasionally gets confused about whether 'start' of common law means one year after beginning to cohabit or the day one begins to cohabit. It is the former, the 12-month anniversary - but it would be irrelevant in your case anyway since several years of cohabitation.]
Thank you for your answer!

I have one more question regarding the IMM 5409. In my case, can I simply do this way, “…we have cohabited in a conjugal relationship for 4 continues year from July 2019 to March 2024(today)”?

Thank you!
 

armoured

VIP Member
Feb 1, 2015
17,325
8,921
I have one more question regarding the IMM 5409. In my case, can I simply do this way, “…we have cohabited in a conjugal relationship for 4 continues year from July 2019 to March 2024(today)”?
I think if you write it that way, they'll think something is wrong with your arithmetic. Explain briefly, factually, what actually happened.