Me and my partner lived together in a apartment from 2022 august until 2023 august. After then, because of employment opportunities we had to live separately. However now we have a house lease together under our name from last month. Did we already fulfilled the common law requirement in 2023 living together for year? Is the house lease (our name along with 2 other friends) is sufficient for proof of common law to IRCC? We do also have pictures and other things if needed. Please if anyone could provide insight on it would be really appreciated
My understanding is:
-yes, in theory, the time living together was NOT LESS than 365 days (a full year), then you established common law. A day less - no. ('August to August' is a bit vague...)
-Important caveat is IF you can document that full year to IRCC's satisfaction. Since it is close, and you subsequently lived apart, you can expect they will check that fairly carefully.
-You say your 'house lease' i.e. with other people and ask whether that's sufficient - does this refer to that initial period, august to august 2023? . Again, having the ambiguity of other people living is going to make them check even more carefully. If that is current, I'd emphasize that you are living as a couple now, even if other people are also on the lease.
-So I emphasize again: IF you have other good support, should work. Just explain that your period living apart was after living together for more than 12 months, and temporary (for employment reasons), and your relationship continued (as shown by moving back together as soon as possible).
Now, would be remiss to not note that, depending on circumstances, you should consider marriage as well. There IS a risk of issues with the common law application, and there is a risk of longer processing. That may or may not be an issue in your situation, only you can decide, but absolutely - applying as married would make it a much easier application from the perspective of getting it approved. Up to you.
