Can we still qualify as common-law partners if we were physically apart for two months?

[stevechoi50]

Hi all,

First neither myself nor my partner is Canadian - I'm moving there as a grad student and my partner will be applying for spousal open work permit. But it seems that those who are on this forum might be more knowledgeable on this issue as it concerns the definition of common-law partnership...

Me and my partner have been together for two years and cohabited for 18 months in total. But there's a two months gap in that period, i.e., we lived together for 9 months, were apart for 2 months, and moved in again after that period. After the first nine months, we came to Korea to look for teaching jobs and my partner had to go back to her country so she can get a work visa for Korea.

My question is simply: does this mean that we don't qualify as common-law partners? Or could we explain that we were together all along but she had to take a trip for a visa?

Thanks,
Steve

 

[mikeymyke]

No you dont qualify

 

[stevechoi50]

No you dont qualify

Hi there, do you mind elaborating on it as I have heard people saying it's possible? Do you have a document or webpage I can refer to about it?

 

[mikeymyke]

Well the definition of common law is 12 consecutive months of living together, and you were apart for 2 months. Some people got away with a couple weeks apart, but we're talking about TWO MONTHS apart here, that's a significant amount of time apart

 

[wait_so_long]

you must be together for 12 consecutive months, allowing for short temporary breaks. 2 months is too long of a break, and resets the clock.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14

 

[Classic Chucks]

Hi there, do you mind elaborating on it as I have heard people saying it's possible? Do you have a document or webpage I can refer to about it?

For my spousal sponsorship application, what is a common-law partner?
Your common-law partner:

• isn’t legally married to you
• can be either sex
• is 18 or older
• has been living with you for at least 12 consecutive months, meaning:
  • you’ve been living together continuously for one year, without any long periods apart
  • if either of you left your home it was for:
    • family obligations
    • work or business travel
  • any time spent away from each other must have been:
    • short
    • temporary

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Generally, 2 months can be considered a long period apart by CIC.

 

[stevechoi50]

I see, thanks for the responses everyone.