Been living together 3 weeks short of one year and now back in UK.

[Leo1]

I have been In Calgary for the past 3 years ( odd trips back to the UK, plus a one year work visa) and have been living with my girlfriend a Canadian citizen (originally from Belarus 7 years prior) for the past 49 weeks. I was on an extended visitors visa which ran out Dec30, I applied for an extention but was refused and asked to leave politely ASAP. Am now back in the uk and would like to ask the best way of attacking the common law/conjugal sponsor application. So far my girlfriend and I have filled out all the paperwork to apply from the UK and Canada. We are just not really sure where we should apply from. do I take a chance and go back to Canada in the next few weeks (15th May we will have lived together for one full year) and apply there, just extending my travel visa as I have done before, when I need to, or stay in the UK and continue the application from here and let it take it course.
Any help and informatiom would be greatly appreciated.

Thanks,

Leo

 

[canadianwoman]

Where is your girlfriend right now? Is she living with you in the UK? If not, I think the break from when you left Canada til May is too much to say you have been living together for one year.
If she is with you, you can apply outland while staying in the UK or while living (as a tourist) in Canada. If you go back to Canada, you could also apply inland, but for UK citizens inland typically takes much longer than outland. Applicants can apply outland and then stay in Canada as a visitor; if you are a UK citizen, you should have no problem entering Canada as a visitor.

 

[Leo1]

She is in Calgary. I departed on the 21st April. We have the paperwork ready for both. I just want to get back to her ASAP. As for getting back in to Canada, my only worry is that I was asked to leave and that if I return to soon I will be refused entry, although part of me is willing to give it a go. If applying whilst in the UK is the way to go then maybe we should do it that way.
Thank you Canadianwoman

 

[scylla]

The problem with applying from the UK is that you don't actually meet the requirements for common law at this time (you really must have lived together for at least one full year) and conjugal won't work either (because you don't face barriers to marriage or common law).

Can you girlfriend come to the UK so that you can complete the requirements for common law?

 

[ShaunT]

Surely being asked to leave the country would count as a barrier towards common law?

Leo you say you are back in the UK now are you a UK citizen with British Passport? If so I see no reason why you couldn't just give it a go returning as a visitor.

 

[scylla]

Surely being asked to leave the country would count as a barrier towards common law?

This isn't a sufficient barrier to qualify for conjugal. There is nothing stopping them from getting married or for the girlfriend to travel to the UK to complete the 1 year common law requirements.

 

[Leo1]

Thank you for the replies.
Firstly, why after having been together for 49 weeks are we still not classed as common law? are we not allowed a short break/holiday. I had applied for a second extension but was refused, otherwise I would still be there living as a common law partner.
I was born in the UK. I would chance returning straight away if I knew I had a good chance of being admitted, I do not want to do anything that would jeapardize our chances of being together and have no idea how long I should stay in the UK for.
If we are now not common law and not conjugal, then how are we to apply for me to be with my girlfriend. She is separated from her husband and is shortly to be divorced (May) we had planned to marry later in the year, and did not really want to get married just to be with her. I am open to any and all suggestions, I am just desperate to get back to her.

 

[Leo1]

If we marry in the UK is their any guarantee that I gain access to Canada if we both return toghther. This is not what we want, just a thought.
Thanks

 

[calgaryimmigration]

what i know about UK's law is that you really must have lived together for at least one full year in this case..
but the best thing to do is to seek for an experienced lawyer..
hope everything will be ok ..

 

[Leo1]

I have decided to try and go back to Calgary, that way if I get in I can then fulfill the one year of living together and qualify for common law sponsorship. If I'm refused entry then that will hopefully then qualify me for Conjugal. If I stay in the Uk for the next couple of months then we are neither.

 

[scylla]

I have decided to try and go back to Calgary, that way if I get in I can then fulfill the one year of living together and qualify for common law sponsorship. If I'm refused entry then that will hopefully then qualify me for Conjugal. If I stay in the Uk for the next couple of months then we are neither.

Unfortunately this won't qualify you for conjugal. There are no immigration barriers to the two of you getting married - or your girlfriend coming over to the UK to complete the one year for common law.

Good luck re-entering Canada. Hope it works out!

 

[OhCanadiana]

I have decided to try and go back to Calgary, that way if I get in I can then fulfill the one year of living together and qualify for common law sponsorship. If I'm refused entry then that will hopefully then qualify me for Conjugal. If I stay in the Uk for the next couple of months then we are neither.

Alternatively, could your other half visit you in the UK? Short vacations are allowed within the year, so the time since you've left would be a vacation, you'd finish up the year to qualify and after that you can maintain your status even if you aren't continuously together (and you can explain distance based on refusal to extend your visa)

You can see details on p.27 of OP-2:
"How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?
According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) 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 (see also 5.44 for information on persecution and penal control). Despite the break in cohabitation, a common- law 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.
This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.
For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists."
http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

 

[Leo1]

We have lived together for the past 48/9 weeks and I had to leave Canada (21st April) if I then return in three weeks (12thMay) will that be classed as not living together for a year? or is the break only legal after you have completed one full year with no breaks outland. I can stay in the UK for sure, but my girlfriend has a 14 year old daughter, whom she cannot leave on a whim or take with her due to school etc. The other problem we have is that she is not divorced yet, so marriage is out of the question, but judging from what I've read so far that doesn't seem to be the answer anyway. It's not what we both want either as we had hoped to marry later in the year, at a time of our choosing. What would you suggest? I have booked my ticket back to Canada for the 12th May. No1 I miss my girlfriend and her daughter, No2 I feel like I'm in a catch 22 situation and just want to find a way forward, with the least amount of hurdels.

 

[mc1234]

We have lived together for the past 48/9 weeks and I had to leave Canada (21st April) if I then return in three weeks (12thMay) will that be classed as not living together for a year? or is the break only legal after you have completed one full year with no breaks outland. I can stay in the UK for sure, but my girlfriend has a 14 year old daughter, whom she cannot leave on a whim or take with her due to school etc. The other problem we have is that she is not divorced yet, so marriage is out of the question, but judging from what I've read so far that doesn't seem to be the answer anyway. It's not what we both want either as we had hoped to marry later in the year, at a time of our choosing. What would you suggest? I have booked my ticket back to Canada for the 12th May. No1 I miss my girlfriend and her daughter, No2 I feel like I'm in a catch 22 situation and just want to find a way forward, with the least amount of hurdels.

When you try and reenter Canada, just make sure you have a lot of proof you will return.. Especially a return ticket, recent bank statement, etc. They will probably give you a hard time, but even if they give you 30 days that will be enough to complete the requirements. Goodluck!