Common-law, applying outland?

[bealily]

Hey
I´m from Denmark and my Canadian boyfriend is going to sponsor me. We lived together in Denmark for two years but last December he lost his job in Denmark and had to go back to Canada to work.
I´m staying with him on a visitors visa right now (has been here since February, going back to Denmark in August).

1. Can we apply as common-law? Not sure if my visit counts as part of common-law living together.
2. We were advised (phonecall to CIC) to say that we were not living together (in the sponsored spouse/partner questionnaire), since we wanted to apply from outside Canada.

So I´m confused....can we be considered common-law even if we say on the application that we are not living together? We explained that I´m visiting in Canada, will go back home but visit again as soon as I can.

Hope some can help there is so much good information on this message board

Bea

 

[sidkrose]

Hi

To apply common-law, you have to have lived together for 12 consecutive months in the very recent past, but you do not need to be living together at the time of application.

I am in a similar situation. My partner lived with me in Canada for 10 months on a visa, then went back to Germany, and then we lived together in Germany for a year, but my visa will be up and I will be in Canada by the time we apply, and he is staying in Germany.

In other words, once you have acheived the "common-law" requirements, you do not necessarily need to keep living together to maintain the status. It's a bit like people who are married, but one has to go away for work or something, even though they are not living together they are still considered married.

hope this helps!

 

[bealily]

This does help

It is confusing because it says: you are in a common-law relationship...who IS living with the sponsor in a conjugal relationship and has done so for a period of at least one year!

So many ways of understanding so many things in this application.... !