Comman law question pr application

[Max64633]

So me and my girlfriend have been together 3 years we lived together consecutively for 11 months and another 5 on top we currently live in staff accom here but not on the same room we have filed tax returns togther I’m on her life insurance and comman law benefits for her work and we have a joint account and endless Facebook photos messages dating years back and evidence from trips togther etc. So I’m on her pr application as comman law I’m a bit concerned over this 12 months consecutively living together rule would this Be a problem?

 

[scylla]

So me and my girlfriend have been together 3 years we lived together consecutively for 11 months and another 5 on top we currently live in staff accom here but not on the same room we have filed tax returns togther I’m on her life insurance and comman law benefits for her work and we have a joint account and endless Facebook photos messages dating years back and evidence from trips togther etc. So I’m on her pr application as comman law I’m a bit concerned over this 12 months consecutively living together rule would this Be a problem?

Assuming there was no break between the 11 months and 5 months, it's still a bit difficult to say. It will ultimately be up to IRCC.

Does your joint back account date back at least a full year and show a shared address? The joint bank account should be good evidence. The life insurance and benefits are good evidence. Do you have a joint lease for the 11 months? Can you show separate leases with the same address for the 5 months?

Facebook photos and messages don't show cohabitation. They only prove you are in a relationship. Same for the trips.

 

[Max64633]

Yeah so when we met in New Zealand we lived in two places in Nelson two rental agreements for the 11 months then we traveled together then following that we had both been away from home for along time so while saving to come here we lived with our parents (her with hers me with mine) for tree and a half months then we came here lived in a air bnb for a month then got another room in calagary for 4 month lease. Following that we move together again then we live at the same place now addresses are the same same post box but just actually don’t live in the same room it’s staff accom and have been here for a year and a half.the joint bank account goes back about three months so far

 

[Max64633]

We also when we travelled together did it for 3 months but I don’t really know if that counts for much

 

[scylla]

Yeah so when we met in New Zealand we lived in two places in Nelson two rental agreements for the 11 months then we traveled together then following that we had both been away from home for along time so while saving to come here we lived with our parents (her with hers me with mine) for tree and a half months then we came here lived in a air bnb for a month then got another room in calagary for 4 month lease. Following that we move together again then we live at the same place now addresses are the same same post box but just actually don’t live in the same room it’s staff accom and have been here for a year and a half.the joint bank account goes back about three months so far

Your post is hard to follow. You need to show that you have 12 month of continuous cohabitation.

You have the 11 months you were together. Sounds like you lived in two different places together during that time and have proof of that.

It sounds like after the 11 months you traveled together. How long was this for? What proof do you have that you continue to live together during this time?

After you traveled, it sounds like you both returned to live with your parents for 3 months. This is a break in continuous cohabitation. This means that you cannot count the four month lease that happened after that towards the year of living together.

You need to prove you lived together for at least 12 months using the original 11 months + the time you traveled together. This is what you have to show evidence for. Hopefully you traveled together for at least 1 month and have evidence that you were living together during this time.

The 4 months that happened later cannot be counted and doesn't help you in proving common law.

 

[scylla]

We also when we travelled together did it for 3 months but I don’t really know if that counts for much

Yes, this matters and is critical. You need to show evidence that you lived together during this time. Otherwise you cannot prove common law. See my post above.

Again, the cohabitation for 1 year needs to be continuous. Continuous means without breaks. The three months you live with your parents is a break. Anything after that cannot be counted towards the 1 year.

You need solid evidence that you lived together for the 11 months + the time you were traveling together. The rest doesn't matter for the purposes of proving common law.

 

[Max64633]

Thanks for taking the time to reply even though I am from the uk my written English is a bit naff so sorry if this is a bit confusing to read . So yeah you are correct,we lived in two different places for that time which we have evidence for and the three months we traveled shared the same hostels hotels slept in the same bed etc so would that combined time count?

 

[scylla]

Thanks for taking the time to reply even though I am from the uk my written English is a bit naff so sorry if this is a bit confusing to read . So yeah you are correct,we lived in two different places for that time which we have evidence for and the three months we traveled shared the same hostels hotels slept in the same bed etc so would that combined time count?

It all depends on how strong your proof is to show continuous cohabitation for this period. I would try and see if IRCC accepts this or not. For the 11 months, you'll want to show more than just a joint lease as evidence. For the period you traveled, it's going to be harder. You'll want to show the bookings of the places you stayed (hopefully they are in both of your names or paid for through a joint credit card or something like that). I would also show any flights. I don't know if that will be enough.

Short answer is that it's not possible to say if IRCC will accept that you lived together for a full year. But definitely try.

 

[Nuoming]

So me and my girlfriend have been together 3 years we lived together consecutively for 11 months and another 5 on top we currently live in staff accom here but not on the same room we have filed tax returns togther I’m on her life insurance and comman law benefits for her work and we have a joint account and endless Facebook photos messages dating years back and evidence from trips togther etc. So I’m on her pr application as comman law I’m a bit concerned over this 12 months consecutively living together rule would this Be a problem?

Could you tell me how are you calculating the dates? You guys started living in 2019, November? Can I know when did u receive your ITA?