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Common law seperation periods AFTER 1 year?

Entian

Newbie
Mar 30, 2018
2
0

My partner and I cohabited with my parents for 12 months, and have a lease agreement signed as proof. We also filed our taxes under the common law status as well as other "marriage like" dealings. however she left in November 2017. I have visited her twice since then. the question is does the 90 day rule apply? or can we be apart without visitations longer since we have already met the 1 year requirement? May be a silly question , just don't want to take any chances.

Thanks
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,209
Visa Office......
London
App. Filed.......
06/12
My partner and I cohabited with my parents for 12 months, and have a lease agreement signed as proof. We also filed our taxes under the common law status as well as other "marriage like" dealings. however she left in November 2017. I have visited her twice since then. the question is does the 90 day rule apply? or can we be apart without visitations longer since we have already met the 1 year requirement? May be a silly question , just don't want to take any chances.

Thanks
There is no "90 day rule", not sure where you got that from. Once you have established common-law, you can live apart. You must be able to show that the relationship is ongoing while living apart.
 

Entian

Newbie
Mar 30, 2018
2
0

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,209
Visa Office......
London
App. Filed.......
06/12
Hi, Thank you for your reply. the government website ( https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/personal-address-information/marital-status.html) states that beyond 90days is consider a separation whilst in a common law relationship. However, I wasn't sure if it applied After the year to maintain the status.

Thank yo so much for your response! Takes a bit of stress out of things.
That's a CRA website, so it doesn't apply to immigration at all...
 

majesty

Hero Member
Feb 10, 2017
782
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My partner and I cohabited with my parents for 12 months, and have a lease agreement signed as proof. We also filed our taxes under the common law status as well as other "marriage like" dealings. however she left in November 2017. I have visited her twice since then. the question is does the 90 day rule apply? or can we be apart without visitations longer since we have already met the 1 year requirement? May be a silly question , just don't want to take any chances.

Thanks
My partner cohabitated for 12 months and 2 weeks but had to separate after that in 2012/2013. We have maintained our relationship since that time by visiting each other every 4 to 8 months (we lived on different continents). He just got approved for his PR this month, so it's possible as long as you prove you are able to continue your relationship. We applied common-law in Jan 2017. Good luck!