Common law question

[superman2012]

Hi i am confused to this statement:
"That means 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."

'coz my partner will go to singapore next month and by that month it will be our nine months of cohabitation together. I will not go with him in singapore 'coz i am working and he is planing to stay there for one month. Here's my question. are we going to count the following month as our 9 months of cohabitation? and another question is that, one month not seeing each other is already a long period of time?

 

[DanSlh]

As far as I know, you have to live togheter for 12 consecutive months.
A couple of weeks apart is allowed, but more than that and the counter restart again.

 

[spinning_sponsor]

I would suspect that anything more than 2 weeks apart would raise a flag to CIC and possibly invalidate common-law status.

 

[keesio]

Hi i am confused to this statement:
"That means 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."

'coz my partner will go to singapore next month and by that month it will be our nine months of cohabitation together. I will not go with him in singapore 'coz i am working and he is planing to stay there for one month. Here's my question. are we going to count the following month as our 9 months of cohabitation? and another question is that, one month not seeing each other is already a long period of time?

One whole continuous month is not trivial. You may have problems with this. It all depends on CIC, specifically the person reviewing the case. You and your partner are taking a risk here.

 

[canuck_in_uk]

One whole continuous month is not trivial. You may have problems with this. It all depends on CIC, specifically the person reviewing the case. You and your partner are taking a risk here.

Agreed. Either make the trip shorter, like 2 weeks, or go with your partner for 2 weeks so that the actual separation is only 2 weeks.

 

[Chiktsi]

I need your help to those familiar with this sponsorship thing.my boyfriend of a year and half asked me to sponsor him and we have been living together for a year now.i have never done this and he is 10 years older than me and has a child here. he has been in canada for 14 years and got denied the first time he tried on his own over 10years ago but never appealed and does not have a valid work permit for 5 years now,he just has his own business and tax returns that are years behind.any advice or warnings i should know about before i commit to this?

 

[kettle]

I need your help to those familiar with this sponsorship thing.my boyfriend of a year and half asked me to sponsor him and we have been living together for a year now.i have never done this and he is 10 years older than me and has a child here. he has been in canada for 14 years and got denied the first time he tried on his own over 10years ago but never appealed and does not have a valid work permit for 5 years now,he just has his own business and tax returns that are years behind.any advice or warnings i should know about before i commit to this?

You will be financially responsible for your boyfriend for three years after he lands as a permanent resident.

Sponsoring is designed for common-law partners who live in a marriage like relationship. Referring to your partner as a boyfriend vs a spouse or partner does not bode well for the application or process.

Do you feel like you could marry this man right now? Do you consider him your husband? If so, then it will likely be worth it to you to sponsor him. If he is pressuring you to do something you are uncertain about, my advice would be do not undertake sponsorship.



The fact that he has been working here illegally isn't sitting well with me, but I know people can and have been approved despite overstaying. It could be a whole mess of trouble as he will have to provide work history and addresses for the past ten years.

 

[DanSlh]

You will be financially responsible for your boyfriend for three years after he lands as a permanent resident.

Sponsoring is designed for common-law partners who live in a marriage like relationship. Referring to your partner as a boyfriend vs a spouse or partner does not bode well for the application or process.

Do you feel like you could marry this man right now? Do you consider him your husband? If so, then it will likely be worth it to you to sponsor him. If he is pressuring you to do something you are uncertain about, my advice would be do not undertake sponsorship.

The fact that he has been working here illegally isn't sitting well with me, but I know people can and have been approved despite overstaying. It could be a whole mess of trouble as he will have to provide work history and addresses for the past ten years.

Yeah, I'm forced to agree.
Working ilegally, overstaying, got denied, apealled and denied again... Sorry, it smells like an oportunity for the applicant.

 

[kangamoose]

One thing I'm wondering is if you live together for just over 12 months and then are separated for 3 months (I had to return home to Aus) does the 12 months start again to qualify for common law? We have assumed yes and waited to file our application because of this, so its more out of curiosity I ask.

 

[canuck_in_uk]

One thing I'm wondering is if you live together for just over 12 months and then are separated for 3 months (I had to return home to Aus) does the 12 months start again to qualify for common law?

No. Once common-law is established, separations are fine as long as you can show the relationship is continuing. It is the year needed to actually establish common-law where there can be no such breaks.

 

[mikeymyke]

You're 100% fine kangamoose

 

[kangamoose]

Thanks guys, we don't have a lot of proof of common law for the initial 12 months (misplaced lease, utilities all in my partners name) aside from our 2 declarations that state we were living together. We concentrated on last year, this shouldn't be a problem right?

 

[chahalkaur]

hi my name is jagdeep
i got seperated from my husband
i want to have divorcee from him
actully i got married with him on 5th feburary 2014
i live in india for 2 months with him then i came back and i sponsered him
he came to canada on 10 december 2014
we live together for almost 5 months
we start getting problems
after 5 months we decided to get separate
so my question is as i told i sponsered him for canada
if i give him divorce within 2 years what effect could be on his immigration status
he already get his permanant resident card.
please reply
thanks

 

[Nu2This]

No. Once common-law is established, separations are fine as long as you can show the relationship is continuing. It is the year needed to actually establish common-law where there can be no such breaks.

I am getting a few different scenarios in response to a similar question posed regarding my own situation. If my partner and I lived together as common-law from 2008-2012.
He returned to his home in Bermuda in 20102 to work and has been there since then, if I bring him here as a visitor, then apply for common-law, would this be possible?
For that time period my partner was residing here in Canada, does CIC look at old tax records to see if I delacred my partner as common-law or not?
Just trying to get some clarity on what options, if any, are even a possibility for our situation.

I would like for him to move back here with his family (myself and our daughter) and it was suggested I try to common-law since the new policy doesn't require sponsoring spouses to have a certain income or amount of savings (which was why we backed out of submitting an application in 2012). I am a born Canadian.

Any help, guidance or clarity is much appreciated.

Also, I am new on this forum and have no idea to review the responses to my first questions posed. Help please? I would like to review the responses and info that was given to me there and I have no idea how to find it after initially checking my inbox notification for replies.

Thank you all!

 

[canuck_in_uk]

He returned to his home in Bermuda in 20102 to work and has been there since then, if I bring him here as a visitor, then apply for common-law, would this be possible?
For that time period my partner was residing here in Canada, does CIC look at old tax records to see if I delacred my partner as common-law or not?

I would like for him to move back here with his family (myself and our daughter) and it was suggested I try to common-law since the new policy doesn't require sponsoring spouses to have a certain income or amount of savings (which was why we backed out of submitting an application in 2012).

Also, I am new on this forum and have no idea to review the responses to my first questions posed.

It is possible but no one can say for sure with a 3+ year break in cohabitation. There was a couple who were approved after living apart for several years but there is no guarantee.

No, they will not check your tax records. However, if you have been declaring single, you are committing tax fraud.

No idea what "new policy" you're talking about; financial requirements are the same as they were is 2012. There is no minimum income requirement to sponsor a spouse but you must show that you can support yourselves without welfare.

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