Complicated situation what to put on form?

[kittykane]

Based on this you are not common law. Not a chance. You haven't even been living in the same country for two years let alone the same abode!

Even though we lived together for more than a year previously?
So should I state we're conjugal partners? or leave him out all together on the application?

 

[jsm0085]

You really have nothing to worry about here.

- You are not living together and have not been for at least 2 years... You both pay your own rent, bills, have our own bank accounts, support yourselves etc.
- You are applying for CEC independently

For all intent purposes you are single. Living with someone a few years ago, when you both lived in the same country, does not make you common law partners!

Apply as single and if your circumstances change, i.e. if you get engaged, married or end up living together for 1 yr or more prior to the application successful approval, inform CIC!

 

[jsm0085]

It's not common law. It's a conjuagal partnership. There is a difference.

You can sponsor your same-sex common-law partner, if you have been living together in a conjugal relationship for at least 1 year. Generally, you must show proof of this union, such as joint financial records, property, mail, or purchases.
You can sponsor your same-sex conjugal partner if you have been in a conjugal relationship for at least 1 year and have:
Evidence that you could not live together because of same-sex discrimination or other reasons (e.g. an immigration barrier, refusal of long-term visas or stays in each other's country); and
Evidence that you are not just in a physical relationship but a mutually interdependent relationship (e.g. joint financial records).

 

[jes_ON]

jsm is correct about the difference between common-law and conjugal partner, so I deleted my previous post -

here's the link to the definitions
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

You are a common-law partner—either of the opposite sex or same sex—if:

you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)

It's that "not interrupted" part that seems to get dropped in abbreviated definitions.... You probably don't qualify as a conjugal partner, either, so for the present, that would simplify your application.

 

[kittykane]

ok so by signing 'I do not have a common law partner' would not be a false statement on my visa application

The other question I'm having difficulty with is section 20 on IMM1295 asks if you've lived in another country for more than 6 month. I visited my boyfriend for 8 months in a year and a half, do I need to state this despite my address being stated as the U.K when visiting canada?

 

[jsm0085]

ok so by signing 'I do not have a common law partner' would not be a false statement on my visa application

The other question I'm having difficulty with is section 20 on IMM1295 asks if you've lived in another country for more than 6 month. I visited my boyfriend for 8 months in a year and a half, do I need to state this despite my address being stated as the U.K when visiting canada?

What was the longest stay you had in Canada during this time?

 

[jsm0085]

ok so by signing 'I do not have a common law partner' would not be a false statement on my visa application

The other question I'm having difficulty with is section 20 on IMM1295 asks if you've lived in another country for more than 6 month. I visited my boyfriend for 8 months in a year and a half, do I need to state this despite my address being stated as the U.K when visiting canada?

No it won't be. How does your partner intend to get PR?

 

[kittykane]

one trip 3months, the other trip 5months, I had to get a visitor extension at the border because it was more than 6 months out there for the duration of a year.
He may get PR if his job can offer him something to stay for

 

[jsm0085]

one trip 3months, the other trip 5months, I had to get a visitor extension at the border because it was more than 6 months out there for the duration of a year.
He may get PR if his job can offer him something to stay for

To the best of my knowledge its talking about living somewhere for 6 months or Longer. In relation to your visits, I believe the answer is no as the longest trip was 5 months.

 

[jes_ON]

The other question I'm having difficulty with is section 20 on IMM1295 asks if you've lived in another country for more than 6 month. I visited my boyfriend for 8 months in a year and a half, do I need to state this despite my address being stated as the U.K when visiting canada?

It means more than 6 consecutive months, so you can say no here, but if you want you can attach an explanation regarding your stays in Canada.

 

[jsm0085]

I wouldn't complicate things.

They have asked you to declare if you have stayed somewhere for 6 months or more, you have not. Keep it simple and provide them with what they ask for. Don't provide supporting documentation for something that isn't an issue, it could do more harm than good. If for whatever reason they want more information about your 5 month trip, they will simply ask.

 

[jes_ON]

I wouldn't complicate things.

They have asked you to declare if you have stayed somewhere for 6 months or more, you have not. Keep it simple and provide them with what they ask for. Don't provide supporting documentation for something that isn't an issue, it could do more harm than good. If for whatever reason they want more information about your 5 month trip, they will simply ask.

Generally I agree.

 

[kittykane]

ok thank you, just finalizing it, for some reason the website is not letting me download the IMM1295 Application form to the computer im using are there alternative links?
Almost there, thank you so much for all of your help, its been a battle and a lot of become so much clearer in a short space of time!

 

[jes_ON]

ok thank you, just finalizing it, for some reason the website is not letting me download the IMM1295 Application form to the computer im using are there alternative links?
Almost there, thank you so much for all of your help, its been a battle and a lot of become so much clearer in a short space of time!

Try it again, there's a new form dated 1/2013 - don't know how long it's been there ...
http://www.cic.gc.ca/english/pdf/kits/forms/IMM1295E.pdf