Common-law with a 4 month break in cohabitation

[sibnadian]

Here is the situation.
Sponsor and the common-law partner lived under one roof outside of canada for 2.5 years (rental agreements, health records, testimonies). From Feb 2016 to Aug 2018.
Then lived in in Canada from Sept 2018 to Jan 2019 (the partner was on TRV).
Then the partner went back to his home country and came back to Canada on TRV in May 2019.
Can we apply as common-law in October 2019 given that we had a break in cohabitation from Jan 23 2019 to May 23 2019?

 

[kcward7]

Here is the situation.
Sponsor and the common-law partner lived under one roof outside of canada for 2.5 years (rental agreements, health records, testimonies). From Feb 2016 to Aug 2018.
Then lived in in Canada from Sept 2018 to Jan 2019 (the partner was on TRV).
Then the partner went back to his home country and came back to Canada on TRV in May 2019.
Can we apply as common-law in October 2019 given that we had a break in cohabitation from Jan 23 2019 to May 23 2019?

Once you establish common law breaks like this are accepted by IRCC.

 

[sibnadian]

Once you establish common law breaks like this are accepted by IRCC.

Thanks. Would you happen to know where the source of this info is from IRCC?

 

[kcward7]

Thanks. Would you happen to know where the source of this info is from IRCC?

Sponsor in Canada and common-law partner abroad
According to case law, the definition of a 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 while still maintaining a common-law relationship. For example, a couple may have been separated due to illness or death of a family member, adverse country conditions (e.g. war, political unrest), or employment or education-related reasons, and therefore are not cohabiting at the time an application is submitted. 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.

https://www.canada.ca/en/immigratio...lass-determining-spouse/assessing-common.html

 

[sibnadian]

Thanks.