Do we qualify as Common-law?

[gingernuts]

Hi all,

My Canadian girlfriend and I have been in a long distance relationship since the fall of 2003. Originally we planned for me to emmigrate under the Skilled Worker category, but my application missed the deadline which saw the new limited list of 38 acceptable occupations. My experience lies outside of this and so my application was rejected.

We originally thought that family class was unavailable to us as she is unemployed due to disability and would not be able to prove she could support me if we were married. Marriage is something that we both want, but we dont want to be married and still living apart, which is why we havent tied the knot yet.

Having realised that spouses, common-law/conjugal partners may be sponsored without having to prove that they can be supported financially we are both very excited that we may yet be able to live together in Canada, but we're not sure how our relationship is LEGALLY defined

During our relationship, one of us has visited the other 1-2 times a year for 3-4 week periods when I visited her and for 2-4 months at a time when she visited me in the UK. I think 9 months was the longest we went without a visit.

We can provide evidence of these visits, holidays abroad taken together (to Ireland and the Netherlands) and telephone/email records of us keeping in touch every day for the past 5 years.

All told we have certainly spent over 1 year living together, possibly 15 months or more.

Could anyone tell us whether or not we are considered Common-law partners?

 

[PMM]

Hi

Hi all,

My Canadian girlfriend and I have been in a long distance relationship since the fall of 2003. Originally we planned for me to emmigrate under the Skilled Worker category, but my application missed the deadline which saw the new limited list of 38 acceptable occupations. My experience lies outside of this and so my application was rejected.

We originally thought that family class was unavailable to us as she is unemployed due to disability and would not be able to prove she could support me if we were married. Marriage is something that we both want, but we dont want to be married and still living apart, which is why we havent tied the knot yet.

Having realised that spouses, common-law/conjugal partners may be sponsored without having to prove that they can be supported financially we are both very excited that we may yet be able to live together in Canada, but we're not sure how our relationship is LEGALLY defined

During our relationship, one of us has visited the other 1-2 times a year for 3-4 week periods when I visited her and for 2-4 months at a time when she visited me in the UK. I think 9 months was the longest we went without a visit.

We can provide evidence of these visits, holidays abroad taken together (to Ireland and the Netherlands) and telephone/email records of us keeping in touch every day for the past 5 years.

All told we have certainly spent over 1 year living together, possibly 15 months or more.

Could anyone tell us whether or not we are considered Common-law partners?

No, you haven't lived together continuously for 1 year and you haven't "merged" your affairs.

PMM

 

[RobsLuv]

You have good proof of a "genuine relationship" - which means you can successfully demonstrate that you are not in a relationship simply to facilitate your entry to Canada . . . but you don't, as of yet, have a relationship that qualifies you to be sponsored. Not to be rude but, not wanting to get married because you don't want to be married and apart means you will never be eligible to be sponsored and you're destined to always be apart. If you want to get married, do it - and then you're immediately eligible for sponsorship and you can start moving forward towards being together.

In addition, because you're from a visa-exempt country, it's possible that you can come to Canada after your marriage and stay with her while the PR ap is processing. If you want more information, send me a PM.

 

[Luneta]

I think there is a way to sponsor her (though you really have to gather documents to prove it). Besides the spouse and common-law categories, another one called "conjugal partner" may apply to you. But you have to prove that you couldn't live together for immigration barriers or something really hard. Otherwise they will think you could have been living together or marry but you chose not to.

Check this :

http://www.cic.gc.ca/english/resources/manuals/op/op02e.pdf

 

[RobsLuv]

I think there is a way to sponsor her (though you really have to gather documents to prove it). Besides the spouse and common-law categories, another one called "conjugal partner" may apply to you. But you have to prove that you couldn't live together for immigration barriers or something really hard. Otherwise they will think you could have been living together or marry but you chose not to.

Check this :

http://www.cic.gc.ca/english/resources/manuals/op/op02e.pdf

Specifically check Sections 5.44 - 5.47 in that OP2 Processing Manual Luneta linked to. The conjugal partner category is very specific - basically it says that it allows common-law qualification without the one year cohabitation requirement for couples who cannot marry or live together because of immigration barriers, or the risk of persecution because of their relationship.

It is highly unlikely that a UK/Canada couple can meet the requirements of the conjugal partner category. There is no immigration barrier present between these two visa-exempt nations . . . and the two of you have made frequent trips to visit one another. There is nothing preventing you from marrying . . . only your desire to not be married and have to live apart for a time. There are options to remedy that . . . which means you don't meet the criteria for conjugal sponsorship. You could certainly file as conjugal partners, but you'd be fighting a long, uphill battle that would just cost you a lot of money in the end with not much likelihood of a positive outcome.