Common Law Sponsorship advice

[pooka]

Hi there,

I have been reading through the forum trying to find some clarification on my position and what route to take. Of course everyones is unique and I would love some advice!
I was in living with my Canadian boyfriend in Canada from October 2016 to April 2017 (7 months, got a 1 month extension on my visitor visa). we came back to ireland for 2.5 months in summer, still living together in ireland. then we returned to canada in august 2017.
i returned to ireland just before christmas 2017, to spend time with family as my 85 yr old father had not recovered well from an operation and he and my mother needed my help. i am still in ireland now, but wanting to return as soon as possible to canada, as we would like to start common law spousal sponsorship.

i am confused as to different answers ive seen re whether this is still possible for us:
1. we have the established common law cohabitation for over a year (with total of about 3.5 weeks apart in that year, but still very much in the relationship and cohabiting), but now have spent nearly 2 months apart since ive been in ireland.we have talked/texted every day, but does this reset the clock?
2. if i return to canada next week and we begin the application process, we wanted to return to ireland again in summer, but could that be problematic? is it best to go the outland app route, even though i cant apply for OWP but it means its potentially possible to travel in and out?

thanks for your help

 

[Rob_TO]

You should be fine as long as you have ample proofs of the 12 continuous months of cohabitation (even in multiple countries). After the 12 months is established, you can then live apart for reasons of school, work, family,etc.

Only item of concern, is what are details of the 3.5 weeks you spent apart during the 12 months qualifying time?

 

[Hurlabrick]

Hi there,

I have been reading through the forum trying to find some clarification on my position and what route to take. Of course everyones is unique and I would love some advice!
I was in living with my Canadian boyfriend in Canada from October 2016 to April 2017 (7 months, got a 1 month extension on my visitor visa). we came back to ireland for 2.5 months in summer, still living together in ireland. then we returned to canada in august 2017.
i returned to ireland just before christmas 2017, to spend time with family as my 85 yr old father had not recovered well from an operation and he and my mother needed my help. i am still in ireland now, but wanting to return as soon as possible to canada, as we would like to start common law spousal sponsorship.

i am confused as to different answers ive seen re whether this is still possible for us:
1. we have the established common law cohabitation for over a year (with total of about 3.5 weeks apart in that year, but still very much in the relationship and cohabiting), but now have spent nearly 2 months apart since ive been in ireland.we have talked/texted every day, but does this reset the clock?
2. if i return to canada next week and we begin the application process, we wanted to return to ireland again in summer, but could that be problematic? is it best to go the outland app route, even though i cant apply for OWP but it means its potentially possible to travel in and out?

thanks for your help

What Rob_TO said. Plus

Probably best / safest to go the outland route if you want to leave Canada during the application process, otherwise, they may consider that you have 'abandoned' your application for anything more than a trip of a couple of weeks.

Useful 'unofficial' reading here:

http://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ_-_New_Application_Forms

 

[pooka]

thanks guys.
'Only item of concern, is what are details of the 3.5 weeks you spent apart during the 12 months qualifying time?'
well he went to the USA for 2.5 weeks, , and then last summer i returned to ireland a week before him as he was just finishing up some things and followed me over a week later. so it was 2 separate occasions that made up about 3.5 weeks... hopefully that will be ok!

 

[Hurlabrick]

thanks guys.
'Only item of concern, is what are details of the 3.5 weeks you spent apart during the 12 months qualifying time?'
well he went to the USA for 2.5 weeks, , and then last summer i returned to ireland a week before him as he was just finishing up some things and followed me over a week later. so it was 2 separate occasions that made up about 3.5 weeks... hopefully that will be ok!

Possibly / likely OK. You should detail each trip, the dates, what he did, what you did and why you didn't travel together etc.

For exampler, what do he do in the USA and why didn't / couldn't you go with him. What things was he finishing up while you went on ahead to Ireland that meant you didn't / couldn't travel together etc. Were they business trips where it wasn't appropriate for you to go etc.

 

[pooka]

ok great thanks guys..as much details as possible is the way to go so!
thanks for your help