Do we qualify for Common Law?

[zardoz]

That's just our luck, lol.

Ugh I feel like such a dumb ass over how close we were.

Although we are 100% committed, We really feel strongly about getting married solely to make immigration smoother. We will if we have to. but it is reaaaaaally not how we imagined it to be. Getting married was like our big light at the end of this ugly tunnel of immigration where it was like a celebration of saying we made it as well as spending the rest of our lives together. I know that sounds super cheesy LOL.

Sometimes, getting married is the light that helps you navigate the tunnel...

 

[zardoz]

It doesn't, but sometimes plans change. I got earlier than I expected because of this, and it was the best decision I ever made. You can always have a civil ceremony and save the real party for later. It really is the fastest way for you to apply. If you know you want to marry each other regardless, I say go for it

That's pretty much how we did it for my wife immigrating to the UK. We had a small civil ceremony in the UK in order to get things done and then a big "Blessing" at St Paul's in Toronto a few months later. You have to "ride with the punches" when doing immigration applications, and we've had it in both directions across the Atlantic.

 

[LaurieMTL]

If it had happened in the middle, it would not have been a problem, as short breaks are acceptable. The big mistake was not returning to be with you after going away for the wedding, as that terminated the continuous nature of the cohabitation.

My situation is a bit similar. but our break is a month and a half at the beginning of our cohabitation because I had to come back to Canada for my best friend's wedding (I was a bridesmaid). The time line is : 8 days together in June 2017 / Came back to canada for a month / came back there for 11 months and 10 days.

What is your opinion?

thank you!

 

[zardoz]

My situation is a bit similar. but our break is a month and a half at the beginning of our cohabitation because I had to come back to Canada for my best friend's wedding (I was a bridesmaid). The time line is : 8 days together in June 2017 / Came back to canada for a month / came back there for 11 months and 10 days.

What is your opinion?

thank you!

Honestly, I don't think that is going to be accepted. That 8 days is going to push the acceptable bounds of having established a pattern of cohabitation. It's more like a visit. However, you can certainly try.

 

[LaurieMTL]

Honestly, I don't think that is going to be accepted. That 8 days is going to push the acceptable bounds of having established a pattern of cohabitation. It's more like a visit. However, you can certainly try.

Thanks for your reply. So you would say that it would be safer to go back there and stay for 12 months with better documents (lease, bills etc) ? and then come back here and apply. (I am a PR so I have to in Canada for him to apply).

 

[zardoz]

Thanks for your reply. So you would say that it would be safer to go back there and stay for 12 months with better documents (lease, bills etc) ? and then come back here and apply. (I am a PR so I have to in Canada for him to apply).

The burden of proof with common-law lies with the applicants. Unlike a marriage, there is no fixed point in time that you can point IRCC to with documentary proof. You will need to "convince" them that you are meeting the strict criteria, and I think that it will be a struggle with your current timeline. Why not marry?