Common Law

[Dan284]

Hi everyone,

As you can see I have a lot of questions. Need something cleared up. I posted a question regarding common-law and separation. Someone responded that a 5 month separation is ok and we can still apply for common law. Someone else stated that this is to long. I found something that stated we can still apply as long as we were not separated for 12 months or more. Which is true?


-Dan

 

[PMM]

Hi

Hi everyone,

As you can see I have a lot of questions. Need something cleared up. I posted a question regarding common-law and separation. Someone responded that a 5 month separation is ok and we can still apply for common law. Someone else stated that this is to long. I found something that stated we can still apply as long as we were not separated for 12 months or more. Which is true?


-Dan

You may wish to read the OP 02 Manual. Here is what CIC says about separation in C/law http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

5.35. What is cohabitation?

“Cohabitation” means “living together.” Two people who are cohabiting have combined their affairs and set up their household together in one dwelling. To be considered common-law partners, they
must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation
adding up to one year. The continuous nature of the cohabitation is a universal understanding based on case law.

While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation
must be temporary and short.

5 months is not short.

 

[Dan284]

But she and I have lived together for three years without interruption. She left this January because the her Visa was up. Our relationship is still strong and we still assist each other financially and we have proof. Would they still consider us ineligible for common-law?

 

[lovely20]

But she and I have lived together for three years without interruption. She left this January because the her Visa was up. Our relationship is still strong and we still assist each other financially and we have proof. Would they still consider us ineligible for common-law?

Since you are getting conflicting answers and it seems that you are convinced it won't be an issue then you can go ahead and send your application and we can wait and see, with CIC we can never be sure. PMM already quoted the Operation Manual regarding common law relationships and I do think the short term separation is subject to the interpretation by the IO who will be handling your case.

 

[Dan284]

That is the plan. I spoke with someone who works immigration and they informed me that as long as we file within the year then we should be fine.

 

[Tiggilicious]

That is the plan. I spoke with someone who works immigration and they informed me that as long as we file within the year then we should be fine.

Thats strange. We had a 3.5 month separation (for visa reasons, and because of custody issues with my two oldest) and CIC said that was too long and it would break the common-law co-habitation

 

[canadianwoman]

Since the operating manual is not specific, how long you can be apart and still be considered common-law seems to be up to the visa officer, who will take other aspects of your relationship into account as well.

You must be living together for one year - during this one-year time, only short breaks are allowed. For example, 2 weeks would be OK, 5 months or 3.5 months would not. The earlier quote from the operating manual is talking about absences during the one year being used to establish your common-law status.
But once you have already lived together for one year, then you can be apart for longer, especially because of visa problems.

 

[Dan284]

Thats great to hear. My fiance and I have proof that we have lived together under the same roof for three years consecutively. Because of her visa expiring she had to go back home this January. I want to thank everyone for their input. I really appreciate it.