Common Law question

[mvnts]

Hi everyone,

I know we have many questions similar but I could not find something like my case. I have one application for H&C which I sent in July 2019, but I`ve been in a relationship since October 2019. My partner and I started to live together in Feb 2020 because of the pandemic. "living together" for us was spending a week in the place I rent and one week at his dad`s house. Then in June, we moved permanently to our own apartment. Are we eligible to start our application for common-law????

 

[Miss bee]

Hi everyone,

I know we have many questions similar but I could not find something like my case. I have one application for H&C which I sent in July 2019, but I`ve been in a relationship since October 2019. My partner and I started to live together in Feb 2020 because of the pandemic. "living together" for us was spending a week in the place I rent and one week at his dad`s house. Then in June, we moved permanently to our own apartment. Are we eligible to start our application for common-law????

No . Not yet.

 

[expatgoingback]

I'm by no means an expert but it seems like a pretty grey area. While under normal circumstances you need to have lived together for at least 12-months the government website does say that you could still possibly apply given that there were reasons beyond your control that stopped you from living together. Personally, I think you are better off waiting at least a few months as I think your claim is pretty weak:


If you’re in a common-law relationship
You can sponsor the person as your common-law partner (same or opposite gender) as long as you’ve been living or have lived with your partner for at least 12 consecutive months in a marriage-like relationship.
If you’re in conjugal relationship
A conjugal partner is:

• a person who is living outside Canada,
• in a conjugal relationship with the sponsor for at least one year, and
• could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation).

 

[scylla]

Hi everyone,

I know we have many questions similar but I could not find something like my case. I have one application for H&C which I sent in July 2019, but I`ve been in a relationship since October 2019. My partner and I started to live together in Feb 2020 because of the pandemic. "living together" for us was spending a week in the place I rent and one week at his dad`s house. Then in June, we moved permanently to our own apartment. Are we eligible to start our application for common-law????

No - you don't qualify.

You need to live together for a full year continuously before you will be able to submit a common law application.

That date will be June 2021 for you.

In Feb, you started spending time at each other's homes. You weren't living together. You only started living together in June.

 

[mvnts]

Thanks guys!!!

In this case yes, we were spending some time with me and his family, but from end of March he was full-time living with me on the place I rented temporarly. The only problem is that I don`t have proof because I came as a visitor and I only paid the owner the renting, so there`s nothing on my name.

 

[scylla]

Thanks guys!!!

In this case yes, we were spending some time with me and his family, but from end of March he was full-time living with me on the place I rented temporarly. The only problem is that I don`t have proof because I came as a visitor and I only paid the owner the renting, so there`s nothing on my name.

Anything before June will not count as cohabitation since you both had separate primary home addresses.

To prove cohabitation for common law, you need to both be living in one single place and you must also have hard evidence to support this.

You can only count June forward. Again, you won't be common law until June 2021.