am I considered a common law partner?

[mika85]

Hi guys, I need your advise regarding common law partnership. I know its requires 12 months of living together to be considered common law, but if me and my partner have been living together for 18months during which I had to go back twice to Europe for 5weeks, are we still common law or rather conjugal?

As a visitor I could stay 6months, I would come back to Europe for 5-6 weeks and do 6 months again in Canada...and thats for the last 18 months. Thank you for your help! Good luck to everybody!

 

[kcward7]

Hi guys, I need your advise regarding common law partnership. I know its requires 12 months of living together to be considered common law, but if me and my partner have been living together for 18months during which I had to go back twice to Europe for 5weeks, are we still common law or rather conjugal?

As a visitor I could stay 6months, I would come back to Europe for 5-6 weeks and do 6 months again in Canada...and thats for the last 18 months. Thank you for your help! Good luck to everybody!

Based on others experiences and comments, I understand that typically a break of cohabitation of around three weeks or longer brings you back to square one for 12 months continuous cohabitation.

 

[mika85]

Thank you! So it means that I have to apply as conjugal and, as such, I can't be living with my partner any more till the process ends?

 

[kcward7]

Thank you! So it means that I have to apply as conjugal and, as such, I can't be living with my partner any more till the process ends?

Applying through conjugal is a very specific stream reserved for couples who face extreme barriers to living together and/or marriage which you do not face. As such, you can nearly guarantee you will be denied.

Your option would be to marry or cohabit for 12m consecutively.

Additionally, someone else may weigh in on the break periods in your relationship. I don't believe there is a timeline stated on what constitutes the length of time apart that would cancel out the common law relationship but I have seen a number of posts where three-ish weeks seems to be that magic (or not so magic) number.

 

[kcward7]

Also, re reading your post about staying as a visitor and then returning for 6 weeks etc...I am nearly 100 percent certain you will not qualify as common law.

 

[mika85]

thank you so much!