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Common Law status question

ryanmacd

Full Member
Nov 15, 2009
27
0
Hello,

My partner (from the U.S.) and I are currently gathering all the forms necessary to apply for PR (medical is in a few weeks and we're just waiting on the FBI background check to get back). We have been co-habitating for just about 2 years together consecutively and plan to apply via common-law sponsorship. Unfortunately my partner's father was in a bad motorcycle accident last year and she has been unable to visit him since. If she were to return home for a short period would that negate our common law status? The CIC website defines a common law relationship as "you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted." Which we have already done for the last almost 2 years. My understanding of their definition would mean that she could return for a short while (possibly a month at most) to visit her father and make sure his physical therapy is going smoothly and offer aid.

Am I correct in my understanding? I know that sometimes there's more to these kinds of things so I thought I'd gather second opinions. Thanks so much for all of your help in advance.
 

CharlieD10

VIP Member
Sep 5, 2010
5,849
185
124
Northern Ontario
Category........
Visa Office......
KGN
Job Offer........
Pre-Assessed..
App. Filed.......
15-02-2011
File Transfer...
09-05-2011
Med's Done....
17-01-2011, 08-03-2012
Interview........
Waived
Passport Req..
30-3-2012
VISA ISSUED...
13-04-2012
LANDED..........
06-06-2012
Yes, you are correct in your understanding. Any breaks to the cohabitation period should be clearly temporary, as it would be in this case for her to visit with her parent.