About break in the cohabitation

[denbert]

My partner, who is a permanent resident of Canada and I had almost been together for a year last time I visited Canada.

But before our cohabitation even reached 1 year, we broke up.

BUT.. I still had to live in my ex-partner's house, even though we were no longer in a relationship. In total we lived for almost 13 months together (probably 10 months in a relationship and 3 months as just friends).

Now, we are back together here in Canada, and I will need to apply for my first extension since coming back here, and maybe just maybe will apply for spousal visa after a year (if we ever reach that stage in our relationship).

How difficult is it for us to prove that we broke up before 1 year of cohabitation? Do we have a chance in applying as common-law?

Appreciate your inputs. I just hope we will not need lawyer for this as budget is tight.

Thank you.

 

[emily3859]

So you were only apart for 3 months...? Can you go into a bit more detail? Was there ever really any...... I don't want to say proof but, did you report that you split? Does anyone really know or...? I don't want to sound shady, but to be totally honest, if there's no real... "proof" that you guys split, don't even mention it and apply. I really don't think it's that big of a deal if it was only 3 months. Obviously if it was 2 years, yea, say something, but 3 months, no.... I wouldn't.

Also, why do you want to prove that you broke up? I am very confused......

 

[denbert]

I went back to my country?

I haven't really lodge any application.

They say you have to call the revenue office to change your status to 'common law' once you cohabited for at least a year, and since we broke up, we didnt do that.

so now, we are back to zero. I've just been here for almost 3 months now living with my now on-again partner.

what shall we do?

 

[emily3859]

I went back to my country?

I haven't really lodge any application.

They say you have to call the revenue office to change your status to 'common law' once you cohabited for at least a year, and since we broke up, we didnt do that.

so now, we are back to zero. I've just been here for almost 3 months now living with my now on-again partner.

what shall we do?

Be like oh I went back to visit family, that actually looks good on your part if anything. Because it shows you are willing to leave Canada and not just stay here forever and leech if that makes sense. Call right now and file common law, and if they ask why it took so long, just let them know you were back visiting your old country for personal reasons, etc. That is what I would do, whether it is "right" or "wrong' I just wouldn't want to start over a 0 months again when it was only 3 months.

 

[denbert]

Be like oh I went back to visit family, that actually looks good on your part if anything. Because it shows you are willing to leave Canada and not just stay here forever and leech if that makes sense. Call right now and file common law, and if they ask why it took so long, just let them know you were back visiting your old country for personal reasons, etc. That is what I would do, whether it is "right" or "wrong' I just wouldn't want to start over a 0 months again when it was only 3 months.

is this even possible? I know we couldn't really prove the breakup. If so, we have lived now for 13 months together straight, 4 months apart, and again 3 months together.

 

[emily3859]

is this even possible? I know we couldn't really prove the breakup. If so, we have lived now for 13 months together straight, 4 months apart, and again 3 months together.

Yeah I feel like it's 100% possible, especially if you even say you can't prove the breakup even happened. If you have the 13 months together straight documented, go ahead and change your status now, and honestly don't even mention the 3 month apart in your country unless they ask. I would just be like "oh, no, since we were already together for 12 months I thought I would be safe to take a trip to visit my family, sorry". I mean think about it, you did stay together for 12 months straight, that qualifies you for common law. I have a 2 year thing on my COPR saying I have to live with my spouse for 2 years straight, and I highly doubt me going to visit like a sick grandparent for 2-3 months would make them be like "NOPE, LEAVE CANADA, YOU VIOLATED THE 2 YEAR HABITATION RULE". I think you will be fine. Go ahead and call and claim common law.

 

[denbert]

thanks emily, but I need maybe at least 2 more opinions about this before I call them. Then I would have to start documentation, oh god that will take at least a month or two. By the time I'm done with documents, I will also have to apply for my extension..

Does anyone have a similar case? thanks in advance.

 

[automaton82]

thanks emily, but I need maybe at least 2 more opinions about this before I call them. Then I would have to start documentation, oh god that will take at least a month or two. By the time I'm done with documents, I will also have to apply for my extension..

Does anyone have a similar case? thanks in advance.

No offense but if it's on again / off again and you've only been "on" for 3 months this time, maybe... wait a bit? If you apply and it goes "off" again then you have to withdraw and yada yada. Maybe first work on the relationship, and then think about the immigration implications after a year or 2 when you're sure this is going to be long term.

 

[emily3859]

thanks emily, but I need maybe at least 2 more opinions about this before I call them. Then I would have to start documentation, oh god that will take at least a month or two. By the time I'm done with documents, I will also have to apply for my extension..

Does anyone have a similar case? thanks in advance.

No problem, good luck.

No offense but if it's on again / off again and you've only been "on" for 3 months this time, maybe... wait a bit? If you apply and it goes "off" again then you have to withdraw and yada yada. Maybe first work on the relationship, and then think about the immigration implications after a year or 2 when you're sure this is going to be long term.

I think this is good advice as well

 

[Ponga]

thanks emily, but I need maybe at least 2 more opinions about this before I call them. Then I would have to start documentation, oh god that will take at least a month or two. By the time I'm done with documents, I will also have to apply for my extension..

Does anyone have a similar case? thanks in advance.

Ok...I'll offer my suggestions:

First...do you have anything that will substantiate the fact that you and your partner had lived together long enough to have established the required 1 year cohabitation? This would be things like, a rental agreement/lease, joint bills (even a joint cell plan), joint bank account(s), etc.? Changing his tax status to Common-Law is not a requirement for immigration purposes, but having done that would have helped...a bit.

For a Commpn-Law applicant, you have to prove two things:

1. That you and your partner have lived together for at least on full year (meaning 365 days, NOT a day less).

2. That you are in a genuine, `marriage-like' relationship.

It will be easy to prove #2, with things like pictures, text messages, emails, etc., but those things won't do much to prove #1...which is the most important piece of the puzzle, IMHO.

So...what do you have that will prove that you and he lived together for one year? Anything?!

Good luck!

 

[Ponga]

No offense but if it's on again / off again and you've only been "on" for 3 months this time, maybe... wait a bit? If you apply and it goes "off" again then you have to withdraw and yada yada. Maybe first work on the relationship, and then think about the immigration implications after a year or 2 when you're sure this is going to be long term.

Agreed!

If the relationship is `iffy', the stress and angst of the PR process (of which there will be plenty) could be devastating!

Or...it could bring a couple closer together.

 

[denbert]

No offense but if it's on again / off again and you've only been "on" for 3 months this time, maybe... wait a bit? If you apply and it goes "off" again then you have to withdraw and yada yada. Maybe first work on the relationship, and then think about the immigration implications after a year or 2 when you're sure this is going to be long term.

Ok...I'll offer my suggestions:

First...do you have anything that will substantiate the fact that you and your partner had lived together long enough to have established the required 1 year cohabitation? This would be things like, a rental agreement/lease, joint bills (even a joint cell plan), joint bank account(s), etc.? Changing his tax status to Common-Law is not a requirement for immigration purposes, but having done that would have helped...a bit.

For a Commpn-Law applicant, you have to prove two things:

1. That you and your partner have lived together for at least on full year (meaning 365 days, NOT a day less).

2. That you are in a genuine, `marriage-like' relationship.

It will be easy to prove #2, with things like pictures, text messages, emails, etc., but those things won't do much to prove #1...which is the most important piece of the puzzle, IMHO.

So...what do you have that will prove that you and he lived together for one year? Anything?!

Good luck!

@ ponga, I believe I have those. I just didnt push through with my application the first time becos I thought we broke up. But since I think that is also difficult to prove our breakup because we technically still lived in the same address together.

as a permanent resident, are there any serious legal ramifications for my partner if she has not report a change in status when she could have?

 

[denbert]

As a permanent resident, are there any serious legal ramifications for my partner if she has not reported a change in status when she could have? ie. common law.

 

[Rob_TO]

I went back to my country?

How long did you go to your country for? If it was a long time (like a month or longer) that would most likely end the cohabitation anyways regardless of if you were broken up or still together as bf/gf.

As a permanent resident, are there any serious legal ramifications for my partner if she has not reported a change in status when she could have? ie. common law.

When you reach 12 months cohabitation both of you are supposed to change status from single to common-law with CRA. Usually CIC doesn't care what your status with CRA is.
However if either of you ever get audited by the CRA in the future and they notice you didn't change status when you were supposed to (if they compare to CIC forms), there could be penalties or back-payments owed.

 

[denbert]

How long did you go to your country for? If it was a long time (like a month or longer) that would most likely end the cohabitation anyways regardless of if you were broken up or still together as bf/gf.

When you reach 12 months cohabitation both of you are supposed to change status from single to common-law with CRA. Usually CIC doesn't care what your status with CRA is.
However if either of you ever get audited by the CRA in the future and they notice you didn't change status when you were supposed to (if they compare to CIC forms), there could be penalties or back-payments owed.

we've lived 13 months straight, without interruption then i went back to my country for at least 3 months.

will they revoke her permanent residence if she failed to report her change of status?