Are we common-law?

[Frimoussette]

Hi everyone!

First, let me apologize for my English. It's not my mother tongue and I am still working on it.

I am writing because I cannot find out whether or not my partner and I can be considered as common-law.

Here is a brief summary of our case: I am Belgian and went to Montreal for an exchange. I met my partner in November 2015. Once I finished my exchange program, we visited each other every two months. We signed a lease together starting in July 1st. However, I only had my WHV later and arrived in Canada on September 14th. We have always been living together ever since. However, I only have a one-year visa that expires on September 13th. We were thinking about applying for family sponsorship on that very same date, but will we be considered as common-law? Some people say that a year is from September 14th, 2016 to September 14th, 2017; whereas other believe that the end date should be included and thus a year would be from September 14th, 2016 to September 13th 2017.

I found two cases in this forum for whom it did work, but they were applying from outland. Also, I tried to find a definition of what a year is in terms of immigration in the Canada Interpretation Acts, but could not find any that would help me.

So, any ideas on whether or not we could be considered as common-law?

Thanks!!

 

[MaryL]

12 continous months. ..

 

[MaryL]

If it were me I'd be applying on Sept 15. Somebody else can chime in perhaps.

 

[Rob_TO]

and arrived in Canada on September 14th. We have always been living together ever since. However, I only have a one-year visa that expires on September 13th. We were thinking about applying for family sponsorship on that very same date, but will we be considered as common-law? Some people say that a year is from September 14th, 2016 to September 14th, 2017; whereas other believe that the end date should be included and thus a year would be from September 14th, 2016 to September 13th 2017.

1 year = 365 days of cohabitation. I personally would not chance it, and the earliest date I would submit the app is Sept 15, 2017.

There is an easy solution. When your WHV has almost expired (say 1 week before) simply apply to change your status to a visitor. While waiting for the response, you will be on implied status so can easily get past Sept 14th and be common-law with no issues.

No matter what definitions you read or what people on this site think, if the visa officer that happens to be reviewing your file doesn't agree with the Sept 13th date and thinks you're 1 day short, you are screwed.

 

[Bs65]

Agreed apply in the next couple of weeks to extend your stay as a visitor with a tourist itinerary for a few months, but obviously not that you want to stay to qualify for common law.

You will still need to stop working anyway once your IEC expires but it will extend your stay without as a visa exempt needing to leave and come back. Your WHV permit expiry is too close a call to apply without accumulating a few more months together.

http://www.cic.gc.ca/english/visit/extend/visa.asp

 

[canadianwoman]

I also would not risk it. Even one day short is enough for the visa officer to say you are not common-law, and since whether it would be 12 months on Sept. 13 or 14 is up in the air, I would just stay a bit longer and apply after September 14, so no interpretation is required.