Common-law 12 month requirement question

[metqc]

Hi there,

We've prepared the documents for my common-law spouse to sponsor me, but I want to get your opinions on one thing.

We moved in together on 1 July 2016. I am doing a PhD in Canada, and have only been apart for a few conferences (1-2 weeks at a time) since then. On 18 June 2017 I went back to the US to do an internship with the federal government related to my PhD, and came back in mid-August 2017. My official address has always stayed our address in Canada, and we have joint statements (utilities, cell phone, credit cards, etc.) showing that.

How much trouble do you think they will give me because I was gone the last two weeks of June before the 12 month consecutive period ended, considering it's for work/school purposes? Since it's a federal internship and they ask you about "Government positions" on the Background/Declaration form, should I write a letter explaining what it was/why I was absent?

Thank you!

 

[scylla]

Mid June to mid August is definitely a break in continuous cohabitation and means you're not common law at this time per CIC's definition. Continuous cohabitation for at least a year is required to meet the common law definition (where cohabitation means physically living together). Breaks of 2-3 weeks are generally accepted by CIC. Two months is far too long and you should be expecting a refusal if you apply as common law. You have to realistic options at this point - wait until August 2018 to apply and make sure you keep your time apart to three weeks at most (and don't do it too often) or get married and apply as a married couple.

 

[metqc]

Thanks for the reply. Considering that July 1 2016 to June 18 2017 was 11.5 months, and in the July 1 2016 to July 1 2017 period there was only that 2 week break at the end, you still think they wouldn't consider that common law?

 

[scylla]

If the break had happened after 12 months - you'd be fine. At 11.5 months and with a break of two months - technically you're not fine. Once there's a break in continuous cohabitation - the 12 month calculation starts again from scratch. So by being apart for two months, you technically reset the clock. But ultimately up to the CIC officer. It's quite possible you may be in for a long wait only to be refused.

 

[metqc]

Yeah, that makes sense - thank you. One more option - my partner's roommate moved away around June 1, 2016 for an internship in Ottawa. At that time, I moved in with my partner at their place. Technically, I still had my own lease and my own apartment but I was not physically living there, only stopping by from time to time to check mail. I wasn't thinking of using this time because it's harder to prove (no bills/official documents with that address). However, if I have a letter from my partner's former roommate saying that he agreed I would live there and that I paid part of the rent, and that he knows I lived there, do you think that would be acceptable? Obviously it's up to the officer, but we were technically "cohabiting" during this period.

 

[scylla]

Can you show any mail for your shared address for this period? Or any joint utility bills or bank accounts? Not sure an earlier start date will be doable given you had another primary residence during that time. I'm sure others will comment.

 

[metqc]

Can you show any mail for your shared address for this period? Or any joint utility bills or bank accounts? Not sure an earlier start date will be doable given you had another primary residence during that time. I'm sure others will comment.

I don't *think* I had any mail to that address. We have had a joint bank account since March 2016, which we used for joint grocery expenses since that time (while we weren't technically cohabiting we were still having dinner together on most nights so most of our food expenses were joint.

 

[canadianwoman]

People have been refused for being less than one week away from 12 continuous months. You could try using the earlier start date for cohabitation, with the bills you shared and a letter from your friend. It will be up to the whims of the visa officer, though.

 

[metqc]

People have been refused for being less than one week away from 12 continuous months. You could try using the earlier start date for cohabitation, with the bills you shared and a letter from your friend. It will be up to the whims of the visa officer, though.

Thanks for your response, good to know. One final thing I forgot to mention - my partner visited me at my internship location in the US from 30 June to 1 July and stayed with me there for the weekend. Technically, we weren't physically apart for more than two weeks at any time during that year then. But I realize just having plane tickets and a photo is also limited proof.

I'm torn between going two routes:
1) Using the July 1, 2017 date on the forms and writing a letter/timeline explaining that I was gone, why I was gone, and also mentioning that I moved into my partner's apartment in late May 2016 and showing the letter from his former roommate saying this as well, but stating that I wasn't sure if I could use this date since I had a lease elsewhere.

2) Using the late May 2017 date as the date status changed to common law on the forms, a year from when I moved into my partner's apartment. We also already both put July 1 2017 as the date for CRA. Would we need to change that date to fit the late May date for immigration? Seems like that would look weird.

Does anyone have an opinion about which might be "safer"/better in the eyes of CIC?

 

[CMogensen]

Hey!

My partner and I are in a relatively similar situation. So we completely understand your problems. We agree on sending the application because non of us could have changed anything in our situation.
Our timeline:
February 20. 2016 - Becomes a couple
August 15. 2016 - move together
May 22. 2017 - I get sick and goes to the doctor in my home country Denmark, and here in August I get two surgeries to remove a cancer tumor.
June 21. 2017 - my partner joins me in Denmark. He couldn't come with me the first time around because his passport was still being processed, even though we applied for it in February, and it should take 20 days to process.

So we are writing an explanation for why we couldn't be together in that time period. We are underlining the fact that none of us are responsible for what happened and we tried our best to stay together, and that we didn't see it as a break of our cohabitation.

So I will say give it a try if it doesn't work out, then you know why and can do something about it - getting married or stay together for the "full" 12 months.

The best of luck to you!

 

[metqc]

Hey!

My partner and I are in a relatively similar situation. So we completely understand your problems. We agree on sending the application because non of us could have changed anything in our situation.
Our timeline:
February 20. 2016 - Becomes a couple
August 15. 2016 - move together
May 22. 2017 - I get sick and goes to the doctor in my home country Denmark, and here in August I get two surgeries to remove a cancer tumor.
June 21. 2017 - my partner joins me in Denmark. He couldn't come with me the first time around because his passport was still being processed, even though we applied for it in February, and it should take 20 days to process.

So we are writing an explanation for why we couldn't be together in that time period. We are underlining the fact that none of us are responsible for what happened and we tried our best to stay together, and that we didn't see it as a break of our cohabitation.

So I will say give it a try if it doesn't work out, then you know why and can do something about it - getting married or stay together for the "full" 12 months.

The best of luck to you!

Thanks, good luck to you too! It's definitely tricky and unfortunate it seems to be applied so strictly. When I accepted my internship back in March we hadn't fully considered spousal sponsorship so didn't know about the 12 month rule, and obviously you couldn't predict your illness. Hopefully explaining everything thoroughly will help. If not, I'm hoping they make a decision at the sponsor eligibility verification level and then refund most of the fees except for the $75. Then we can just apply again in a year. Part of the reason for applying now is because my current study permit expires in August 2019, so if it's accepted this time around I would save the hassle and ~$300 on Canadian/Quebec study permit renewal fees. But of course if they say no, it's not the end of the world!

 

[scylla]

Thanks, good luck to you too! It's definitely tricky and unfortunate it seems to be applied so strictly. When I accepted my internship back in March we hadn't fully considered spousal sponsorship so didn't know about the 12 month rule, and obviously you couldn't predict your illness. Hopefully explaining everything thoroughly will help. If not, I'm hoping they make a decision at the sponsor eligibility verification level and then refund most of the fees except for the $75. Then we can just apply again in a year. Part of the reason for applying now is because my current study permit expires in August 2019, so if it's accepted this time around I would save the hassle and ~$300 on Canadian/Quebec study permit renewal fees. But of course if they say no, it's not the end of the world!

The decision won't be made in the sponsor eligibility phase - this phase is only about assessing if the sponsor is eligible to act as a sponsor.

 

[metqc]

The decision won't be made in the sponsor eligibility phase - this phase is only about assessing if the sponsor is eligible to act as a sponsor.

I have seen one case where this seems to have been the case (http://www.canadavisa.com/canada-immigration-discussion-board/threads/sponsorship-rejection-advice-needed.245006/) - perhaps it's a rarity, but if they deem we haven't cohabited 12 months and thus are not common law in their eyes, doesn't that mean the sponsor isn't eligible to act as my sponsor? Or is it just checking if the sponsor is a canadian citizen, etc.?