common-law questions

[strawbella]

Can I apply to sponser my common-law partner if we lived together from May 5 2013 until May 1 2014... thus just a few days under a year?

I worry because I once missed out on a workplace yearly bonus by having worked 2 days shy of a full year..!

Thanks, Strawbella

 

[rhcohen2014]

Can I apply to sponser my common-law partner if we lived together from May 5 2013 until May 1 2014... thus just a few days under a year?

I worry because I once missed out on a workplace yearly bonus by having worked 2 days shy of a full year..!

Thanks, Strawbella

no, the rules are very specific. common law is a relationship where the couple cohabitates for no LESS than 1 full year, 365 days. if you are shy, even 1 day, the application will be rejected because the relationship is not legally commonlaw.

 

[taffy7]

Ok i don't understand. Its May 28th today and your asking this question, so you are over the 1 year period. Why would you risk an application for a couple of days, after all it take months to get every thing today, then you risk it being returned. Don't make sense. 365 days it says .

 

[strawbella]

I had to leave the country we were both living together in to return to Canada to work, I left on May 1st.

 

[Rob_TO]

Can I apply to sponser my common-law partner if we lived together from May 5 2013 until May 1 2014... thus just a few days under a year?

I worry because I once missed out on a workplace yearly bonus by having worked 2 days shy of a full year..!

Thanks, Strawbella

No, It's 1 full year/365 days or nothing. As soon as you left the country on May 1, 2014, the cohabitation ended.

You will need to do a new 12 months cohabitation, or get married.

 

[strawbella]

Thanks everyone... :'(

 

[taffy7]

That sucks big time ..

 

[chala]

I had to leave the country we were both living together in to return to Canada to work, I left on May 1st.

Leaving your country to work does not necessarily nullify your common law status, if in fact you are still a common law couple and your usual place of residence is with your partner.

 

[Rob_TO]

Leaving your country to work does not necessarily nullify your common law status, if in fact you are still a common law couple and your usual place of residence is with your partner.

They are not a common-law couple yet, they are trying to qualify for common-law status. So if they had already reached 12 months, then they could live apart after and still be considered common-law.

Leaving for a couple days to travel for work could possibly be ok here. But leaving the country and establishing a new residence to work full time in another country... would break the cohabitation for qualifying purposes.

 

[chala]

They are not a common-law couple yet, they are trying to qualify for common-law status. So if they had already reached 12 months, then they could live apart after and still be considered common-law.

Leaving for a couple days to travel for work could possibly be ok here. But leaving the country and establishing a new residence to work full time in another country... would break the cohabitation for qualifying purposes.

Yes, but after 1 year they do not necessarily have to be co-habitting
Here is a quote from CIC OP2 section 5.36 for clarity:

5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?
According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present (see also 5.44 for information on persecution and penal control). Despite the break in cohabitation, a common-law relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.
This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.
For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists.

 

[scylla]

Yes, but after 1 year they do not necessarily have to be co-habitting

Agreed. But as Rob_TO said, they don't actually have one year together. So CIC OP2 section 5.36 doesn't help them in any way.

They either need to get married - or start living together again (however they'll have to start the common law count again from stratch and will need to wait another years once they start living together before they'll be considered CL in the eyes of CIC).

 

[Rob_TO]

Yes, but after 1 year they do not necessarily have to be co-habitting

They never even got to 1 year.

Read the rule again: "After the one year period of cohabitation has been established,"

 

[chala]

They never even got to 1 year.

Read the rule again: "After the one year period of cohabitation has been established,"

Yes Rob you are correct unfortunately they were just short of one year

 

[2cookies]

Can I apply to sponser my common-law partner if we lived together from May 5 2013 until May 1 2014... thus just a few days under a year?

I worry because I once missed out on a workplace yearly bonus by having worked 2 days shy of a full year..!

Thanks, Strawbella

for what i read, in order to sponsor your spouse you need to provide proof that youve live for 2 years or 1 year (outland)?
if so, do we need to wait for 2or 1 year before applying?

 

[Rob_TO]

for what i read, in order to sponsor your spouse you need to provide proof that youve live for 2 years or 1 year (outland)?
if so, do we need to wait for 2or 1 year before applying?

It's 1 year.