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Clarification on Common Law Elligibility

Brad_N

Member
Oct 4, 2008
11
0
Hi Everyone,

I would really appreciate some advice on whether my partner and I qualify as common law partners. I have read dozens of posts on this excellent forum and as as the guidelines on the http://www.cic.gc.ca website but I could not find an answer to my specific query. I am essentially concerned about the following wording at the end of the definition:

(You are allowed short absences for business travel or family reasons, however.)



Our circumstances are:

I am a British citizen and my partner is a Canadian citizen. We have been living together in London since November 2007 and we plan to move out of our London apartment after 12 months in November this year. She will move back to Canada and I will travel there as a visitor and submit our application from Canada (but I beleive I can still request for this to be processed in the UK). So the 12 months cohabitating is not a problem. Also the proving our relationship is lasting, continuing and genuine is not an issue as our apartment in London is leased under both of our names, we have joint bank accounts, utility bills in both names, we've met each of our parents, have hundreds of photos, thousands of emails etc.

My concerns are around the following 2 points:

1) My partner is employed by a Canadian company, but her role was mostly based in the UK. However, she was required to regularly travel back to Canada, and sometimes for lengthy periods. By the end of our lease in November this year, she would have taken 4 trips back to Canada for business reasons, and 2 of them were for 6 weeks, and the other 2 were for 2 weeks.. Is this tool long to be considered "short" under the definition of Common Law? During 1 of the 6 week absenses I travelled to Canada to be with her for 2 weeks, so hopefully that will help.

2) When she travelled back to Canada for these business trips, she stayed in an Apartment that she owns and maintains. Does this violate the definition of Common Law? ie can you not have a second home that you sometimes live in? The reason for this is that she is a consultant working for a Canadian company but her jon is mostly (say 75%) based in the UK.


If anyone could shed some light onto our elligibility would be extremely grateful.

Have a great day!

Kind Regards,

Brad
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
Since it was for her job, I don't think they can hold it against you. They might say though that you didn't really fill 12 months until 12 months plus whatever time she was gone. When you get to Canada, you might call CIC and ask. If they say that you need to live together longer, you can stay on your tourist visa and send in the application a bit later.
 

elfut

Star Member
Jun 6, 2005
124
0
British Columbia
We are on the same boat, I think. I had to leave Canada for a month or two for Government duty which I am liable for..so I am not sure if CIC would take this case as we are applying inland. I have valid reason to leave my common-law for official duties...not sure about jurisdiction/government law..but still... if I didn't go for my government duty, I would be jailed for 3 months or fine up to $5000..not that I can go for a humanitarian ground Canada thing..my government will kick my ass (pardon my words).

What I did is to photocopy my official government statement and explain it into a separate sheet of paper in the application. let's see how will that go... and I will tell you the experience..it sucks I had to go for my duty once a year(for example, if I was in the US military reservist and the US government needed my service..how would CIC take that? It would be great if any lawyer could explain a bit)...but we've been living together with proofs of house lease etc. for more than 14 months..we will see how it goes.
Everybody has to wait in line...