Do we qualify for Common Law?

[kenboud]

Hi All,

So my boyfriend and I have travelled back and forth for a year between Germany and Canada before he applied for a Work and Travel Visa and received it. He had lived with me from May 19 2016 and left on May 7 2017 because he was best man at his brother's wedding and remained there.

Does this automatically disqualify us from declaring common law status for our application? For the sake of 12 days? In reality this gap of time would have occurred in the middle of the visa as well to attend his wedding had it been timed differently. Ugh, I'm a mess just thinking about it.

 

[scylla]

Hi All,

So my boyfriend and I have travelled back and forth for a year between Germany and Canada before he applied for a Work and Travel Visa and received it. He had lived with me from May 19 2016 and left on May 7 2017 because he was best man at his brother's wedding and remained there.

Does this automatically disqualify us from declaring common law status for our application? For the sake of 12 days? In reality this gap of time would have occurred in the middle of the visa as well to attend his wedding had it been timed differently. Ugh, I'm a mess just thinking about it.

Yes - unfortunately it would disqualify you for common law.

You must have at least 365 days living together to be called common law. You're almost two weeks short - that's quite a bit in IRCC's eyes.

 

[kenboud]

Yes - unfortunately it would disqualify you for common law.

You must have at least 365 days living together to be called common law. You're almost two weeks short - that's quite a bit in IRCC's eyes.

Awesome, I could throw up.

 

[kenboud]

Yes - unfortunately it would disqualify you for common law.

You must have at least 365 days living together to be called common law. You're almost two weeks short - that's quite a bit in IRCC's eyes.

So you don't recommend applying anyway, him coming back as a visitor in the meantime while the application goes in? I mean .... if I absolutely had to I could do a work and travel there for a year. I don't know what else we could do at this point.

 

[kcward7]

Awesome, I could throw up.

Or you could get married instead of barfing

Understand the feelings there, but IRCC is strict about what may seem like technicalities. It's better you know now then apply and be rejected.

 

[kcward7]

So you don't recommend applying anyway, him coming back as a visitor in the meantime while the application goes in? I mean .... if I absolutely had to I could do a work and travel there for a year. I don't know what else we could do at this point.

Don't apply as CL, you'll waste a lot of time and money. Get married or re establish CL.

 

[kenboud]

I really appreciate your advice, I have a lawyer currently saying she may be able to create an argument if he came and lived here during the application process. But my gut says it's an extremely high risk of rejection.

 

[scylla]

I really appreciate your advice, I have a lawyer currently saying she may be able to create an argument if he came and lived here during the application process. But my gut says it's an extremely high risk of rejection.

Common law requires a full year of cohabitation. You don't meet the requirements - that's black and white. So you'll be hoping / praying the IRCC officer break the rules and allows you to be classified as common law even though you're not. I think you're in for a long wait (probably close to a year) only to be refused and be back to square one.

 

[kcward7]

I really appreciate your advice, I have a lawyer currently saying she may be able to create an argument if he came and lived here during the application process. But my gut says it's an extremely high risk of rejection.

Having a lawyer changes nothing. Has no impact or influence on the officer's decision. They're not the be all end all, and IRCC won't care that you have retained one if you don't meet their requirements.

 

[kenboud]

The issue is, if I go there we will be staying with family (as we didn't anticipate things being that strict). So right there means no lease and no names on bills. I don't even know how I would go about proving common law in that kind of living situation.

 

[kenboud]

Common law requires a full year of cohabitation. You don't meet the requirements - that's black and white. So you'll be hoping / praying the IRCC officer break the rules and allows you to be classified as common law even though you're not. I think you're in for a long wait (probably close to a year) only to be refused and be back to square one.

Well I appreciate the insight. It's extremely helpful. We really want the shortest route possible.

 

[kcward7]

The issue is, if I go there we will be staying with family (as we didn't anticipate things being that strict). So right there means no lease and no names on bills. I don't even know how I would go about proving common law in that kind of living situation.

People do it literally all the time, you can have letters written on your behalf from landlords even if they are family and have the individual added to other things like credit cards, joint bank, insurance.

The shortest route is to marry and apply right away. The by far longest route is to apply CL now and end up being rejected.

 

[zardoz]

Hi All,

So my boyfriend and I have travelled back and forth for a year between Germany and Canada before he applied for a Work and Travel Visa and received it. He had lived with me from May 19 2016 and left on May 7 2017 because he was best man at his brother's wedding and remained there.

Does this automatically disqualify us from declaring common law status for our application? For the sake of 12 days? In reality this gap of time would have occurred in the middle of the visa as well to attend his wedding had it been timed differently. Ugh, I'm a mess just thinking about it.

If it had happened in the middle, it would not have been a problem, as short breaks are acceptable. The big mistake was not returning to be with you after going away for the wedding, as that terminated the continuous nature of the cohabitation.

 

[kenboud]

If it had happened in the middle, it would not have been a problem, as short breaks are acceptable. The big mistake was not returning to be with you after going away for the wedding, as that terminated the continuous nature of the cohabitation.

That's just our luck, lol.

Ugh I feel like such a dumb ass over how close we were.

Although we are 100% committed, We really feel strongly about getting married solely to make immigration smoother. We will if we have to. but it is reaaaaaally not how we imagined it to be. Getting married was like our big light at the end of this ugly tunnel of immigration where it was like a celebration of saying we made it as well as spending the rest of our lives together. I know that sounds super cheesy LOL.

 

[kcward7]

That's just our luck, lol.

Ugh I feel like such a dumb ass over how close we were.

Although we are 100% committed, We really feel strongly about getting married solely to make immigration smoother. We will if we have to. but it is reaaaaaally not how we imagined it to be. Getting married was like our big light at the end of this ugly tunnel of immigration where it was like a celebration of saying we made it as well as spending the rest of our lives together. I know that sounds super cheesy LOL.

It doesn't, but sometimes plans change. I got earlier than I expected because of this, and it was the best decision I ever made. You can always have a civil ceremony and save the real party for later. It really is the fastest way for you to apply. If you know you want to marry each other regardless, I say go for it