+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Common law sponsorship question

Benlie

Star Member
Jun 12, 2013
103
29
Hi everyone please help me clarify two questions i have in mind (so stressed :((() .

1/how does officer know us starting to become common law ? I have my residential lease contract including me and my partner and date so does it mean they will see on this date and consider we are common law from that date ?

2/ i gonna have 3 weeks vacation apart from my partner . Is it ok ?because i read on website they said we can have short and temporary trip apart but not sure 3 week is safe or not :((( . It"s not a month but also not two weeks :(((
 

scylla

VIP Member
Jun 8, 2010
95,878
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
1) You are common law once you have lived together for at least a year. So you would be common law a year AFTER the residential lease was signed. You should provide more evidence than just a lease (e.g. joint bank accounts, utility statements, any wills, etc.).
2) Thee weeks is pushing it. It's up to the officer if this is too long a break or not. I would keep you trip to no more than 2 weeks to be safe.
 

Benlie

Star Member
Jun 12, 2013
103
29
Thanks for replying

Yeah we have residential lease, joint chequing account, joint credit card and my partner is under my msp, health benefit and 100 % beneficiaries. He is canaadian and he sposnor me

2/ so tough decision. My ticket is non refundable. I dont know what to do do now . Should i ask consultant about this :(?
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Benlie said:
2/ so tough decision. My ticket is non refundable. I dont know what to do do now . Should i ask consultant about this :(?
The final decision here is not up to your consultant, it's up to the visa officer that will be processing your file.

There is no certain answer one way or the other. The longer the time you spend apart, the greater chance there is a visa officer will decide it ended the common-law qualifying. Since there is no time limit specified it's at their own discretion.

IMO a single 3 week trip is probably ok since there is lots of other good evidence, but again even my opinion doesn't mean much. The shorter the trip, the better. Decision is entirely up to you.
 

Benlie

Star Member
Jun 12, 2013
103
29
Thanks for advice, i probably go on with my vacation. I guessing i need to add more proof to show that our relationship is really genuine and continiuing.

I have another questions: timeline for inland application is 25 motnhs . Is it UP TO 25 months or is there anyone get their approval earlier than this ? Thanks
 

Abydos

Star Member
Sep 28, 2015
66
1
Category........
Visa Office......
CPC-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
04-11-2015
AOR Received.
with SA 11-01-2016
Med's Request
Upfront
Med's Done....
12-03-2015
VISA ISSUED...
DM: 06-03-2016
LANDED..........
27-03-2016
Benlie said:
Thanks for advice, i probably go on with my vacation. I guessing I need to add more proof to show that our relationship is really genuine and continiuing.
Is it a vacation or is it related to work? If it's related to work be sure to explain this in your application - it's a good reason for needing to spend that time apart.

Even if it's not an entirely necessary trip, just explain it upfront in your application and be sure to show proof you both continued to correspond while you were apart (chat/email/phone logs etc) - helps show that the gap wasn't any kind of relationship break.
 

scylla

VIP Member
Jun 8, 2010
95,878
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Benlie said:
Thanks for advice, i probably go on with my vacation. I guessing i need to add more proof to show that our relationship is really genuine and continiuing.

I have another questions: timeline for inland application is 25 motnhs . Is it UP TO 25 months or is there anyone get their approval earlier than this ? Thanks
It's not up to 25 months. It can be less than 25 months - but it can also be more than 25 months.
 

MaryLou6

Hero Member
Oct 23, 2014
397
25
Category........
Visa Office......
Mississauga, INLAND
Job Offer........
Pre-Assessed..
App. Filed.......
11-09-2014, common-law
Doc's Request.
OWP received May 26.2015, SA & AIP August 31, 2015, DM on September 3, 2015
AOR Received.
14-10-2014
Med's Done....
upfront
LANDED..........
24-09-2015
Benlie said:
Thanks for replying

Yeah we have residential lease, joint chequing account, joint credit card and my partner is under my msp, health benefit and 100 % beneficiaries. He is canaadian and he sposnor me

2/ so tough decision. My ticket is non refundable. I dont know what to do do now . Should i ask consultant about this :(?
I went for a trip for a month and a half! My partner joined me there after 3 weeks and maybe a few days. We had NO issues whatsoever. But again, this probably depends on your officer.
 

Benlie

Star Member
Jun 12, 2013
103
29
Abydos said:
Is it a vacation or is it related to work? If it's related to work be sure to explain this in your application - it's a good reason for needing to spend that time apart.

Even if it's not an entirely necessary trip, just explain it upfront in your application and be sure to show proof you both continued to correspond while you were apart (chat/email/phone logs etc) - helps show that the gap wasn't any kind of relationship break.

I have to go back to get my police clearance and visit family at the same time i need to go back 2 weeks to do this before a long week holiday close and It've been 2 years i haven't seen my dad . Did you have same experience as me? Apart from your partner up to 3 weeks? We definitely whatasapp everyday so i hope chat logs can help . I am really stressed now
 

scylla

VIP Member
Jun 8, 2010
95,878
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
MaryLou6 said:
I went for a trip for a month and a half! My partner joined me there after 3 weeks and maybe a few days. We had NO issues whatsoever. But again, this probably depends on your officer.
Unfortunately it is dependent on the officer. We had someone else here who went away for three weeks and the officer classified this as a break in continuous cohabitation (meaning the one year calculation had to start again from scratch).

So it's impossible to say in advance what will happen with any given application...
 

Benlie

Star Member
Jun 12, 2013
103
29
MaryLou6 said:
I went for a trip for a month and a half! My partner joined me there after 3 weeks and maybe a few days. We had NO issues whatsoever. But again, this probably depends on your officer.
Thanks god , your case is like something light in the dark for me. I am hoping to gathering more proof to prove that our relationship is genuine while we are apart . How long was your case processed btw?
 

Benlie

Star Member
Jun 12, 2013
103
29
scylla said:
Unfortunately it is dependent on the officer. We had someone else here who went away for three weeks and the officer classified this as a break in continuous cohabitation (meaning the one year calculation had to start again from scratch).

So it's impossible to say in advance what will happen with any given application...

Do you know where that case is? I jus t need to see if i need to change my flights
 

MaryLou6

Hero Member
Oct 23, 2014
397
25
Category........
Visa Office......
Mississauga, INLAND
Job Offer........
Pre-Assessed..
App. Filed.......
11-09-2014, common-law
Doc's Request.
OWP received May 26.2015, SA & AIP August 31, 2015, DM on September 3, 2015
AOR Received.
14-10-2014
Med's Done....
upfront
LANDED..........
24-09-2015
Benlie said:
Thanks god , your case is like something light in the dark for me. I am hoping to gathering more proof to prove that our relationship is genuine while we are apart . How long was your case processed btw?
I'm glad, remember though- like Scylla said, we cannot guarantee anything, the decision is up to your officer only. My case was processed in a year, we got super lucky with the odd Sept. 2014 processing.
 

Benlie

Star Member
Jun 12, 2013
103
29
MaryLou6 said:
I'm glad, remember though- like Scylla said, we cannot guarantee anything, the decision is up to your officer only. My case was processed in a year, we got super lucky with the odd Sept. 2014 processing.

Yeah i am thinking the worst case right now. But how did you explain for them about your 3 weeks apart then meet up again?
 

MaryLou6

Hero Member
Oct 23, 2014
397
25
Category........
Visa Office......
Mississauga, INLAND
Job Offer........
Pre-Assessed..
App. Filed.......
11-09-2014, common-law
Doc's Request.
OWP received May 26.2015, SA & AIP August 31, 2015, DM on September 3, 2015
AOR Received.
14-10-2014
Med's Done....
upfront
LANDED..........
24-09-2015
Benlie said:
Yeah i am thinking the worst case right now. But how did you explain for them about your 3 weeks apart then meet up again?
I don't really remember, I believe we added this to a word doc with our whole love story, added pictures from the trip, the purpose of it etc.