Common Law EXes but still living together

[maryberry]

Hi all,

I just got my ITA and I was wondering about my situation. I had a common-law partner for about 2 years and we broke up (romantically) last year. We are still living in the same house due to convenience reasons and it was an amicable separation. We stay in different rooms and we no longer share a romantic relationship.

Would he still be considered my common law partner according to Canada law? Or should one of us move out?

Thanks in advance for all your input!

 

[zardoz]

Hi all,

I just got my ITA and I was wondering about my situation. I had a common-law partner for about 2 years and we broke up (romantically) last year. We are still living in the same house due to convenience reasons and it was an amicable separation. We stay in different rooms and we no longer share a romantic relationship.

Would he still be considered my common law partner according to Canada law? Or should one of us move out?

Thanks in advance for all your input!

If you have both decided that the relationship is at a permanent end, he would not be considered as a common-law partner any longer and should be removed from the PR application. This presumes that you are now no longer in a "conjugal" relationship. No reason to move out however.. That is between the two of you. IRCC may expect you to be able to provide supporting evidence when you request his removal from your application. I am assuming that he is currently a dependent on the application, not a Canadian citizen or a permanent resident.

 

[maryberry]

If you have both decided that the relationship is at a permanent end, he would not be considered as a common-law partner any longer and should be removed from the PR application. This presumes that you are now no longer in a "conjugal" relationship. No reason to move out however.. That is between the two of you. IRCC may expect you to be able to provide supporting evidence when you request his removal from your application. I am assuming that he is currently a dependent on the application, not a Canadian citizen or a permanent resident.

Thank you for your reply! I never had him on my application since I submitted my express entry application after the break up. I know that IRC asks for proof of common law relationship, will they ask for proof of the end of it, too? Will I need an affidavit from my partner corroborating the start and end of our common law relationship? Thanks again!

 

[zardoz]

Thank you for your reply! I never had him on my application since I submitted my express entry application after the break up. I know that IRC asks for proof of common law relationship, will they ask for proof of the end of it, too? Will I need an affidavit from my partner corroborating the start and end of our common law relationship? Thanks again!

It wouldn't hurt to make sure that the relationship start and end dates are documented, possibly with things such as removal of beneficiary assignments, separation of joint accounts/billing etc. You get the general idea..

 

[Rob_TO]

As long as you never intend to get back together and then sponsor them under family class after you get PR status, you should be fine.