Common law vs Conjugal. Plus do we have to get married?

[wanderself]

Thanks again, really appreciate the help. I got married when I moved to Australia years back. We loved each other and were together for years, but the divorce was awful. I would like to avoid getting married again as i dont even believe in marriage and thankfully Canada supports people with these beliefs.

It is clear we have to stay together for 12 months. My question now is:

In September I worked in London for 1.5 months and my partner came from Canada and stayed with me. Then we traveled for two weeks together and I stayed with her in Canada for a month. We spent xmas apart and since we have been together - 3 weeks in Spain, now in Canada. Does this time since September count as us living together? We have stayed with relatives together, no leases or bills. That would be great if it did because we have been together all this time since and that way we would only have to keep living together until this September and apply for common law then.

Thanks again.

 

[wait_so_long]

Once you have intertwined your lives to the extent of being considered common-law for immigration purposes, separation can be just as awful as a divorce. Especially if you have a child together.

 

[scylla]

Thanks again, really appreciate the help. I got married when I moved to Australia years back. We loved each other and were together for years, but the divorce was awful. I would like to avoid getting married again as i dont even believe in marriage and thankfully Canada supports people with these beliefs.

It is clear we have to stay together for 12 months. My question now is:

In September I worked in London for 1.5 months and my partner came from Canada and stayed with me. Then we traveled for two weeks together and I stayed with her in Canada for a month. We spent xmas apart and since we have been together - 3 weeks in Spain, now in Canada. Does this time since September count as us living together? We have stayed with relatives together, no leases or bills. That would be great if it did because we have been together all this time since and that way we would only have to keep living together until this September and apply for common law then.

Thanks again.

How much time have you spent apart since September in total? What's the longest period of time you were apart? It's difficult to tell from your summary. You want to make sure you're clearly common law in the eyes of CIC before you submit the application. Otherwise you'll end up waiting months only to be refused.

 

[wanderself]

Thank you. Interestingly, there definition of common-law reads "Has been living with you for at least 12 consecutive months. That means you have been living together continuously for one year, without any long periods apart. One of you may have left the home for work or business travel, family obligations, and so on. That separation must have been temporary and short"

We have cohabited for 16 months out of 26. So that is more than a year. But with gaps in-between as my partner had to go back home during summer holidays for her MFA. So how short can be the separations have been, I wonder?

 

[Maina4576]

Well if you have proof that you cohabited for 16 months than you should be fine to apply as common law...Just be sure there are no long gaps...

 

[wanderself]

Thanks, Scyla, Maina.

Since September:

Together: In London end of September till november 6.
Apart: for a week (her in Canada, me packing in Spain) nov 6-13
Together: in Canada nov 13-dec 13
Apart: xmas (her in Canada, me in Spain) dec 13-jan 10
Together: in Spain and Canada Jan 10-Feb 13
Apart: Feb 13-22
Together: in Canada from Feb 22 indefinitely (6 months to start with)

So apart 1.5 out of 5 months since september. Does this count as cohabiting?

Thanks again.

 

[Maina4576]

the part during xmas dec13-jan 10 is almost a months, it could raise a few eyebrows. It think the best thing is you talk to a reliable lawyer. Like others said before me I wouldnt risk too much..

 

[BethanyM]

Thanks, Scyla, Maina.

Since September:

Together: In London end of September till november 6.
Apart: for a week (her in Canada, me packing in Spain) nov 6-13
Together: in Canada nov 13-dec 13
Apart: xmas (her in Canada, me in Spain) dec 13-jan 10
Together: in Spain and Canada Jan 10-Feb 13
Apart: Feb 13-22
Together: in Canada from Feb 22 indefinitely (6 months to start with)

So apart 1.5 out of 5 months since september. Does this count as cohabiting?

Thanks again.

Really it's going to be up to the immigration officer to decide. If he doesn't accept that you have a permanent address together, if he views this period as you having visits with each other, then it may not count.
I know it sounds strange to say you can establish residence together and it will be viewed as permanent, while you are on a tourist visa in Canada and on an extended tourist visa, but as others have proven, that is the case.
Personally, I would want the officer to see that I've moved my life to the address where my sponsor lives, and any days/nights away from that address are limited, and are for visits which in my mind would look like short visits as opposed to moving back home for 2 months.
It's up to you and your sponsor to create a situation which meets the rules of Immigration, and if you leave that in the gray area, instead of making it crystal clear that you're within the rules, then you leave it open to the immigration officer to apply his own opinion and judgment. He may see the time period you refer to either way; as proof of common-law relations, or as visiting activity of two people dating.
You need to prove the relationship is not just a dating relationship, it is a common-law life as a couple. So think carefully and plan.
I wish you good luck.

 

[wait_so_long]

Have to agree with BethanyM.

As an outsider, your time before Feb 22, seems like you were leading fairly independent lives. There doesn't seem to be anything there that would indicate that you were anything more than room-mates, bf/gf, or friends with benefits.

Even now, you need to take measures to ensure that there is physical evidence to show that you are indeed a couple. Like having both your names on a lease. Bills with both your names on it. Insurance policies designating each other as beneficiaries. A joint bank account.

 

[wait_so_long]

Please read the following:

http://www.irb-cisr.gc.ca/Eng/BoaCom/references/LegJur/Documents/SpoPar05_e.pdf

Does your relationship since September fit the criteria of common-law? How did other people view your relationship during this period? Why did you have separate vacations?

 

[scylla]

Thanks, Scyla, Maina.

Since September:

Together: In London end of September till november 6.
Apart: for a week (her in Canada, me packing in Spain) nov 6-13
Together: in Canada nov 13-dec 13
Apart: xmas (her in Canada, me in Spain) dec 13-jan 10
Together: in Spain and Canada Jan 10-Feb 13
Apart: Feb 13-22
Together: in Canada from Feb 22 indefinitely (6 months to start with)

So apart 1.5 out of 5 months since september. Does this count as cohabiting?

Thanks again.

The December to January break is too long based on how we've seen CIC evaluate continuous cohabitation. You want to keep your periods apart few (i.e. don't have too many of them) and ideally to two weeks or less. I think you have too many periods apart and the Christmas one is too long. Since September, you've spent 30% of your time apart. I think that's too high. I would start counting from January and attempt to avoid further separations.

 

[Bcboundboy]

The December to January break is too long based on how we've seen CIC evaluate continuous cohabitation. You want to keep your periods apart few (i.e. don't have too many of them) and ideally to two weeks or less. I think you have too many periods apart and the Christmas one is too long. Since September, you've spent 30% of your time apart. I think that's too high. I would start counting from January and attempt to avoid further separations.

+1. When you first said "xmas apart", I was thinking like Dec 22nd-27th. You were apart for pretty much an entire month, which would reset the clock for just about every visa officer. Any one gap over two weeks is risky, and those 2 week breaks should be few.

 

[trikiliki]

To be considered common law you need some sort of documentation of living at the same address continuously. Since each period of time spent together was short and temporary, I am guessing you have never collected mail at any same place. Simply being in each others company, does not satisfy the criteria for common law, just that you are in an ongoing relationship. Also, as previously pointed out the gaps are too long so your time probably can't even be counted as continual dating back to September.


And since there is no valid case here for conjugal, as there is nothing preventing you from living together or getting married, your only options are A) finding a way to live together consistently for a year and then applying as a common law couple. If that is the way you want to go then you need to make sure to be very diligent making sure have things like the lease in both names, splitting up the bills to have some in either of your names that reflect that you both live at that address, both of you having mail delivered to the same address, perhaps an insurance policy listing the other as beneficiary, etc...

Or B) just get married already! From CIC's perspective neither of you has made a serious commitment to set up life with the other and you will be denied.

On a positive note, if you do get married, you will have tons of relationship proof and should have no trouble being approved relatively quickly provided your application is complete and the background check is clear. Your spouse will also get to extend their visitor stay and apply for a work permit while you wait.

Marriage to the wrong person in the past shouldn't stop you from marrying the right one when you are lucky enough to find them