12 months + break

[fernan_gr]

Hi!

First of all- THANKS for reading my question !!

Im new in the forum and I would like to ask few questions:

My girlfriend is Canadian, though we have just started living together in Spain.
I want to start studying a master in Canada by September, so I plan to move there with her. By the time we arrive in Canada we would have lived 9 months together. The problem is that the Master that I am gonna study will send me to another country for the last 6 months of the program.
That means that by the time I have to leave Canada we would have lived together exactly 12 months.

January 2013 (We start living together in Spain)-- Sept 2013 (We move to )Canada--- January 2014 I have to leave Canada- hence we stop living together for 6 months.

1) Is it possible to get the PR after living together for 12 months even if after those months we split for a period of 6 months, or do we have to keep living at the same place?

2) Is it mandatory to continue living together while I am applying for the PR?

3) Do you think that 12 months is short? I could apply for other programs and gather more time of convivence... but I am very interested in this Master, though, of course, getting the PR is more important.

Thanks a lot, this Forum is a great source of information, and you make our lifes easier!

 

[Rob_TO]

1) Is it possible to get the PR after living together for 12 months even if after those months we split for a period of 6 months, or do we have to keep living at the same place?

Yes it is. As long as the first 12 months are continuous cohabitation. So if you live together in Spain for 9 months, and then move and live immediately in Canada for 3 months, that would be 12 months continuous so you would legally be common-law. Make sure you have enough proofs, evidence and documentation that will prove you were living together in both places.

2) Is it mandatory to continue living together while I am applying for the PR?

No. After you establish your common-law status, you are allowed to then live apart for various reasons (one being education). Though you must prove during this time you are still in a genuine relationship.

Read more here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?

After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present. Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.

3) Do you think that 12 months is short? I could apply for other programs and gather more time of convivence... but I am very interested in this Master, though, of course, getting the PR is more important.

No, many people apply as soon as they hit the 12-month mark of living together. The main thing to ask in your case, is how long were you dating before moving in together? If you had a long relationship before then your application will be much easier, vs if you met for the first time and then moved in together right away.

 

[fernan_gr]

Thanks a lot for your answer!

We have already been dating for 2 years, so by the time I apply for thre PR we would have been dating for 3 years- one of those of continious cohabitation. Is this enough?

Well, this has solved all my doubts, and now I feel much better about all this planning!


Thanks!!

 

[OhCanadiana]

Thanks a lot for your answer!

We have already been dating for 2 years, so by the time I apply for thre PR we would have been dating for 3 years- one of those of continious cohabitation. Is this enough?

Well, this has solved all my doubts, and now I feel much better about all this planning!


Thanks!!

It's just about proving to a total stranger (who is paid to be skeptical) that your relationship is genuine. Take a look at the conversation I had in the thread at http://www.canadavisa.com/canada-immigration-discussion-board/any-advice-from-people-who-have-done-this-journey-before-t112120.0.html - it may help you think through how to put the application together and type of evidence you'll want to collect.

 

[Rob_TO]

We have already been dating for 2 years, so by the time I apply for thre PR we would have been dating for 3 years- one of those of continious cohabitation. Is this enough?

2 years of dating, and then 1 year of living together to be common-law... is more than enough IMO!

In our case my fiancee and I first met, dated, and then started living together all within a couple of months! We sent in our common-law PR app around 3-4 months after getting common-law status. Everything was very quick, and there were no problems in our processing. Of course this is largely to do with the VO who happens to review your file... but from what you've stated you should be fine. Just make sure to include all the necessary proofs and evidence.

 

[fernan_gr]

Thanks a lot guys. Really, thanks.