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Applying Common Law - one partner living INSIDE, one OUTSIDE

jarajovi

Member
May 17, 2012
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Visa Office......
Vienna
Job Offer........
Pre-Assessed..
App. Filed.......
16-04-2013
Doc's Request.
25-02-2014
File Transfer...
17-05-2013
Med's Done....
20-03-2013
LANDED..........
in Canada since November 2012
Hey,

me (German) and my Canadian partner want to apply for the family sponsorship program as common-law partners.
We have been living together in Germany constantly for 4 years and we are able to provide proof.

The problem is that my partner returned to Canada already and I will just be able to follow in about 2 months.

We´re concerned about the "Common-law"-status, because even though we´ve been constantly living together for more than one year, right now we are not (the whole period of not living together will be 2 to 3 months).

The problem is now - we are applying OUTLAND, but one of us is already INLAND - so it´s kind of a special situation.

Does anyone have experience with this? We´re concerned that the whole process will be delayed because we´re not living together RIGHT now.

It would be great if someone who went through the same situation has some good advice to share with us :)

Thanks!
 

CharlieD10

VIP Member
Sep 5, 2010
5,848
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Northern Ontario
Category........
Visa Office......
KGN
Job Offer........
Pre-Assessed..
App. Filed.......
15-02-2011
File Transfer...
09-05-2011
Med's Done....
17-01-2011, 08-03-2012
Interview........
Waived
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30-3-2012
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13-04-2012
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As long as you can clearly establish that 1) You already meet the definition of common-law by having a minimum 12 months cohabitation and 2) the separation currently is temporary, you should be fine to apply as common-law. Since you've been living together for 4 years, as long as you can show proof of that, you will be fine. Explain why this separation is currently temporary, and if you already have your plane ticket etc for when you follow to Canada, show proof of that as well.
 

jarajovi

Member
May 17, 2012
18
0
Visa Office......
Vienna
Job Offer........
Pre-Assessed..
App. Filed.......
16-04-2013
Doc's Request.
25-02-2014
File Transfer...
17-05-2013
Med's Done....
20-03-2013
LANDED..........
in Canada since November 2012
Thank you so much for answering us.
It´s really reassuring.

We didn´t think about adding the plane ticket, that´s something we will do.