common law period

[leb]

HI All,

I have a question about the common law relationship, I understand it must live at least 12 months relationship consecutive months and living together for one year without any long periods where you did not see each other. Either partner may have left the home for work or business travel, family obligations, and so on. However, that separation must have been temporary and short

Here's the question and some background, I have been living with my partner since May 2014 but on Nov 2014 I went back to HKG due to permit expire. I stayed in HK for a month to apply the new permit. In the IMM5669 I need to provide " personal history" and " Address" which listed below:


8. Personal History

2015-01 2016-08 Studying Vancovuer, Canada
2014-11 2014-12 Apply study permit Hong Kong
2014-03 2014-11 Visiting Vancovuer, Canada

12. Address

2015-01 Present Vancovuer Address
2014-11 2014-12 Hong Kong Address
2014-03 2014-11 Vancovuer Address

By putting the Hong Kong address, should I still count that month in the common law period or I should skip that and add one extra month in case CIC didn't count that month?

Instead of 2015-03 into the commonlaw relationship, should I put 2015-04 or I should just take the HKG address out of the list [ but I put the hkg address when I apply for the new permit]

thnaks

 

[Rob_TO]

By putting the Hong Kong address, should I still count that month in the common law period or I should skip that and add one extra month in case CIC didn't count that month?

That's not the way it works. If CIC decides not to count that month, then the common-law qualifying time is deemed to have ended, and will start again from day 1 on the day you started living together again so need to start counting again from scratch and get 12 new months.

It's up to the visa officer if they deem a 1 month break as a break to common-law qualifying. How many days exactly was it? Really it could go either way. Only way to know if they will accept it or not, is to try and apply and see what happens.

 

[leb]

That's not the way it works. If CIC decides not to count that month, then the common-law qualifying time is deemed to have ended, and will start again from day 1 on the day you started living together again so need to start counting again from scratch and get 12 new months.

It's up to the visa officer if they deem a 1 month break as a break to common-law qualifying. How many days exactly was it? Really it could go either way. Only way to know if they will accept it or not, is to try and apply and see what happens.

it was 27 days. if the office decided NOT to count will the app get refuse?? But once I came back we have been living together since then.. it has been more then 1 year.

thanks for the help

 

[Rob_TO]

it was 27 days. if the office decided NOT to count will the app get refuse?? But once I came back we have been living together since then.. it has been more then 1 year.

thanks for the help

As long as you have 12 continuous months at time you submit the app, you will be fine. I would concentrate on submitting proofs/evidence to prove 12 months cohabitation after you returned from that 1 month away. Based on this you would have considered to become common-law 2016-01.