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ashpash22

Hero Member
Jan 15, 2018
280
78
Australia
Category........
FAM
Visa Office......
Mississauga
App. Filed.......
02-09-2018
AOR Received.
23-03-2018
Med's Request
28-03-2018
Med's Done....
10-04-2018
Passport Req..
22-06-2018
VISA ISSUED...
02-08-2018
Hello,

So my Common-Law partner and I have been living together for 14 months now in Australia while I am on a 2 year Working Holiday Visa. We just submitted our application last week for Common-Law sponsorship but my visa will expire in the end of November 2018 (10 months from now), meaning if we are not yet approved, I have to go back to Canada while my partner waits in Australia for the decision. My question is, will we no longer be considered Common-Law if I've left? Will that cause issues with our application and what will we need to do? I'm guessing just update our address information with our online account once that happens but does it change our application as a Conjugal relationship application? If we decide to get married would that help? If it takes longer than 10 months, my partner is planning to stay in Australia and continue to work until the visa is approved because we are hoping it won't take much longer than 12 months so he would only have 2 months to wait after I leave so he doesn't want to come to Canada as a tourist and do nothing when he could stay in Oz and keep making money. We've already included a letter with our application explaining the situation but not sure if that will help us get approved in the 10 months time like we hope. Any help is greatly appreciated!
 
Hello,

So my Common-Law partner and I have been living together for 14 months now in Australia while I am on a 2 year Working Holiday Visa. We just submitted our application last week for Common-Law sponsorship but my visa will expire in the end of November 2018 (10 months from now), meaning if we are not yet approved, I have to go back to Canada while my partner waits in Australia for the decision. My question is, will we no longer be considered Common-Law if I've left? Will that cause issues with our application and what will we need to do? I'm guessing just update our address information with our online account once that happens but does it change our application as a Conjugal relationship application? If we decide to get married would that help? If it takes longer than 10 months, my partner is planning to stay in Australia and continue to work until the visa is approved because we are hoping it won't take much longer than 12 months so he would only have 2 months to wait after I leave so he doesn't want to come to Canada as a tourist and do nothing when he could stay in Oz and keep making money. We've already included a letter with our application explaining the situation but not sure if that will help us get approved in the 10 months time like we hope. Any help is greatly appreciated!

It's fine, once you become common-law you can then live apart and still be considered common-law. This is actually quite common when the sponsor lives in Canada and the applicant in their home country. You may just need to show additional proof if asked that the relationship is continuing.

Read here: https://www.canada.ca/content/dam/ircc/migration/ircc/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”?
 
It's fine, once you become common-law you can then live apart and still be considered common-law. This is actually quite common when the sponsor lives in Canada and the applicant in their home country. You may just need to show additional proof if asked that the relationship is continuing.

Read here: https://www.canada.ca/content/dam/ircc/migration/ircc/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”?

This is great information, thank you!

Also, wow that document has serious insider information! Where is that from??