Common Law Application - Sponsors vacation within 12 consecutive months

[jamespan]

Hi everyone,

Primary applicant here with a bit of a situation. We were on the brink of sending off our inland common law PR application coupled with an Open Work Permit.

However last night it suddenly dawned on me that the sponsor has traveled out of Canada, on her own, on 4 different occasions within our first 12 consecutive months. 3 of which we are not concerned with as they were very short. However the last trip she took was for 26 days and took place within our last month needed out of 12. (moved in together 11/01/18 and her vacation started 10/21/19 and ended 11/17/19.

I've read many examples regarding similar situations, but none when it's the sponsor travelling alone. The reason I'm thinking it might be okay is that in no form does it ask for the sponsors travel history etc.

FYI the big trip was: a week in China for a family wedding and then 3 weeks in Japan for her self employed work (she is a painter and is creating a picture book on Japan and went on the trip for reference.

So I guess my questions are:

1. Does the officer look into the sponsors ins and outs of Canada during the 12 months to determine if eligible?

2. If yes, will they ask us for a reason of travel? I think if given the chance to put our argument forward regarding this trip, they will understand that it was temporary and was nothing to do with a break in relationship or something sinister like that.

3. If we are rejected outright. Do you think this would be early on in the timeline? As we are both open to getting married if need be. However my IEC visa runs out in May and if they reject our initial application too late, it's more than likely I wont be able to reapply with enough time to attain implied status on my OWP application.

Thanks for taking the time to read this, and please, if you have any thoughts/suggestions please let us know.

James

 

[scylla]

Based on experiences here, anything above a three week break is generally regarded as a break in the one year continuous cohabitation requirement. You can roll the dice and submit the application. However there is a chance IRCC will say you don't meet the common law requirement. If rejection happens, it will be towards the end of the processing period. If you want to play it safe you will need to get married.

 

[canuck_in_uk]

Hi everyone,

Primary applicant here with a bit of a situation. We were on the brink of sending off our inland common law PR application coupled with an Open Work Permit.

However last night it suddenly dawned on me that the sponsor has traveled out of Canada, on her own, on 4 different occasions within our first 12 consecutive months. 3 of which we are not concerned with as they were very short. However the last trip she took was for 26 days and took place within our last month needed out of 12. (moved in together 11/01/18 and her vacation started 10/21/19 and ended 11/17/19.

I've read many examples regarding similar situations, but none when it's the sponsor travelling alone. The reason I'm thinking it might be okay is that in no form does it ask for the sponsors travel history etc.

FYI the big trip was: a week in China for a family wedding and then 3 weeks in Japan for her self employed work (she is a painter and is creating a picture book on Japan and went on the trip for reference.

So I guess my questions are:

1. Does the officer look into the sponsors ins and outs of Canada during the 12 months to determine if eligible?

2. If yes, will they ask us for a reason of travel? I think if given the chance to put our argument forward regarding this trip, they will understand that it was temporary and was nothing to do with a break in relationship or something sinister like that.

3. If we are rejected outright. Do you think this would be early on in the timeline? As we are both open to getting married if need be. However my IEC visa runs out in May and if they reject our initial application too late, it's more than likely I wont be able to reapply with enough time to attain implied status on my OWP application.

Thanks for taking the time to read this, and please, if you have any thoughts/suggestions please let us know.

James

Agree with above. 26 days is beyond the safe zone and there is a very definite risk of refusal, particularly since the trip actually spanned the one year mark. Your safest bet is to marry.

 

[CanucksSL]

agreed, 3 weeks is too long unfortunately. If it was health related with a good written explanation & proof, I'd say there is a chance, but then it does ultimatly depend on the immigration officer processing your case.