Common-Law Partner Question (Lived Together)

[nski4]

Hello!

My question is about the definition of common-law partnerships. My partner and I had a 12-month lease and lived together for that period until we stopped living together for the last 8 months (for her studies and my work being in different locales). We will be reuniting once she graduates this coming month. I am curious though if the original lease would be enough for the Statutory Declaration of Common-Law Union Form (IM5409) that I will be filling out to accompany my student visa and her open work permit.

Look forward to seeing what you all have to say.

 

[Bs65]

Maybe clarify you had a lease for 12 months but didnt live together for 8 of those 12 months ? Not clear the way you have worded.

Common law requires actually cohabiting for 12 or more months just having a lease when you know you were not actually cohabiting if thats what you are implying could be misrepresentation. As said maybe clarify how many actual months cohabiting in the same location, maybe you are saying lived together for 12 months then not the last 8 months after that ?

 

[nski4]

I see the mistake in how I worded this. We did live together for the full 12 months. At the end of those 12 months, we had to live in separate areas, which we have been doing for the past 8 months. Does this time apart damage our status as common-law partners?

 

[Ponga]

I see the mistake in how I worded this. We did live together for the full 12 months. At the end of those 12 months, we had to live in separate areas, which we have been doing for the past 8 months. Does this time apart damage our status as common-law partners?

No, it does not negatively impact your status; you are still a common-law couple, as long as you have solid evidence of cohabiting for at least 365 continuous days (not a day less), before living apart. This is non-negotiable in the eyes of CIC.

The longer you live apart, the more scrutiny you may encounter, but as long as you can show that the relationship has continued, you'll be fine.