Common-Law or Conjugal sponsorship?

[Maria29]

Hi there,

I'm an Irish citizen and I have lived in Ontario for two and a half years. I have been seeing my boyfriend for 22 months. He is a Canadian citizen and plans to sponsor me for residency next year. We have been living together since April 1st 2013. Because I have to leave the country in February 2014 for university interviews we will have not lived together for a full year, I'm assuming this means he cannot sponsor me as a common-law partner. Would I be eligible as a conjugal partner or would they see university as reason enough to be separated for that time? He also wants to finish his work contract before he follows me over the the UK in July or possibly later, would this be a problem? Would it have an effect on the application if we decided to have a long distance relationship for up to a year?

Any help is greatly appreciated.

Thanks,

 

[Rob_TO]

We have been living together since April 1st 2013. Because I have to leave the country in February 2014 for university interviews we will have not lived together for a full year, I'm assuming this means he cannot sponsor me as a common-law partner.

Correct. You need 12 continuous months and not a day less. If it was just a quick trip of a couple of weeks and you returned, or he moved to the UK to join you within a few weeks... then you would not have to break the cohabitation. But you leaving and not living together again until months later would definitely break the cohabitation and you will not qualify for common-law. When you start living together again, the counter will start back at zero so you need to do a fresh 12 months.

Would I be eligible as a conjugal partner or would they see university as reason enough to be separated for that time?

You 100% do NOT qualify for conjugal. Conjugal is only for legal reasons you can't get married or live together. University is NOT a legal reason, it is your personal choice. Also there is nothing stopping you from getting married. So conjugal should not even be considered.

He also wants to finish his work contract before he follows me over the the UK in July or possibly later, would this be a problem? Would it have an effect on the application if we decided to have a long distance relationship for up to a year?

No it should be fine. Many people do long distance relationships and still get approved no problems. Just make sure to keep proof of the relationship like phone records, emails, chats, mail, and any other ways you keep the relationship going.

 

[Maria29]

Thanks Rob...so if I leave late February but return late March for a couple of weeks into April and leave again would that count as 12 months? My interviews go on until June.

 

[Rob_TO]

Thanks Rob...so if I leave late February but return late March for a couple of weeks into April and leave again would that count as 12 months? My interviews go on until June.

It's up to the decision of the visa officer that would be reviewing your file. CIC guide only states breaks must be "temporary and short".

IMO 4 weeks of separation is too much, and you'd have a high chance for rejection. There have been cases on this forum where people have been denied common-law status for as little as a 3-week separation.

Could your boyfriend join you in the UK instead? If you first moved in together April 1, 2013... then you would become common-law April 1, 2014. If he could just stay in the UK with you until then... he could return back to Canada April 2 and you could then apply as common-law.