Does Common-Law expire?

[gooh]

On the status of Common-Law, I'm a little confused. I know that you're a Common-Law couple officially once you've lived together in a marriage like union for one year. But does the title of Common-law go away if you live away from each other for a certain amount of time, even if you're still in the relationship?

 

[Ponga]

In essence...yes, but the amount of time (and more importantly the reasons why you are no longer living together) are of great interest to CIC.

Generally a couple can live apart for reasons of employment, or if one is attending school, but the longer the separation, the greater the risk of CIC no longer recognizing the couple as truly being Common-Law.

How long have you been living apart?

What are the reasons?

 

[gooh]

In essence...yes, but the amount of time (and more importantly the reasons why you are no longer living together) are of great interest to CIC.

Generally a couple can live apart for reasons of employment, or if one is attending school, but the longer the separation, the greater the risk of CIC no longer recognizing the couple as truly being Common-Law.

How long have you been living apart?

What are the reasons?

We haven't been living apart a month yet, but the reason is because my grandfather has been in and out of the hospital recently, and I needed to go back home to take care of him along with my grandmother and siblings (my siblings and I live with my grandparents). How long would I be allowed separation from my partner?

 

[Ponga]

We haven't been living apart a month yet, but the reason is because my grandfather has been in and out of the hospital recently, and I needed to go back home to take care of him along with my grandmother and siblings (my siblings and I live with my grandparents). How long would I be allowed separation from my partner?

I honestly have no idea, sorry.

Best wishes to your grandparents.

 

[gooh]

Does anyone else have some information?

 

[Awesomeg]

Does anyone else have some information?

Immigration Canada is very tough when it comes to couples
and Common law is the hardest hit...
Is it possible for you to get married ?

In that way your status of common law will change to married,
and wont be a concern time separated due to the family reasons
described,

Many people have to take hard choices for the sake of their status in Canada,
that's why if some people can do they don't consider fair to have a few exceptions,

You have choices,
One find alternative care for your loved ones,
second, you can risk your common law relation as described by Immigration Canada
and lose your Permanent residence if they decide against you,
Third is Get married and upgrade your marital status to married, and be safe. but this is
a decision of two, not just yours.

Good luck

8)

In any case, the place of a spouse (Common law or married) is together,
not apart. When one partner finds that they have to be somewhere else
the relation begins to break apart.
What if you did not exist ? who would be taking care of them ?
when you decided to go into a relation you already decided what will be
your priorities,
and your priority is your spouse.

 

[Rob_TO]

On the status of Common-Law, I'm a little confused. I know that you're a Common-Law couple officially once you've lived together in a marriage like union for one year. But does the title of Common-law go away if you live away from each other for a certain amount of time, even if you're still in the relationship?

After you reach 12 months continuous cohabitation (and can prove it), you are allowed to then live apart for periods of time. Time spent apart should be due to a specific reason like visa issues, employment or a family situation.
Read this, section 5.36: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

But I wouldn't try to live apart for too long during the time before submitting the PR app. Maybe a couple months max. Once you become common-law, you should get the PR app in asap.

 

[tink23]

If you put in your application now as common law you will be fine. Even if it takes you a month to get everything together, there shouldn't be a problem.

 

[gooh]

Thank you all so much for your replies, my current situation is very stressful so I appreciate the help. Unfortunately it is not possible for us to get married at this time. We don't have enough time to plan a place for marriage where both of our families can attend, and especially with my grandfather being ill.

I'm needing to separate from my partner due to my grandfather's health as I mentioned. The only person to take care of him is my grandmother and my 2 younger siblings, so I must go back to take care of them, I'm not sure how long I will be staying. My partner and I have been together for 7 years, and we've lived together for 3, all of which we can prove extensively. So I'm hoping, if I end up staying away for more than a few months, our application won't get more complicated due to our separation, but I must go back to take care of my grandparents especially, while I'll still have time with them.

Right now my plan will be to go home, and after a couple of months, submit our Common-Law application, and go from there. I'm trying to make sure I'm able to spend as much time with my grandparents as possible, but at the same time ensure I'll be able to be with my partner, it's very difficult, especially since we can't marry immediately.

 

[tink23]

Thank you all so much for your replies, my current situation is very stressful so I appreciate the help. Unfortunately it is not possible for us to get married at this time. We don't have enough time to plan a place for marriage where both of our families can attend, and especially with my grandfather being ill.

I'm needing to separate from my partner due to my grandfather's health as I mentioned. The only person to take care of him is my grandmother and my 2 younger siblings, so I must go back to take care of them, I'm not sure how long I will be staying. My partner and I have been together for 7 years, and we've lived together for 3, all of which we can prove extensively. So I'm hoping, if I end up staying away for more than a few months, our application won't get more complicated due to our separation, but I must go back to take care of my grandparents especially, while I'll still have time with them.

Right now my plan will be to go home, and after a couple of months, submit our Common-Law application, and go from there. I'm trying to make sure I'm able to spend as much time with my grandparents as possible, but at the same time ensure I'll be able to be with my partner, it's very difficult, especially since we can't marry immediately.

.

If you're planning to submit e common law package in a couple of months, it should b fine. You can even write a cover letter explaining why it took a few months from living separately. Even though the VO can seem cold at times, they are humans and do have a heart! They will understand. And if it's only a 2 or 3 months, it shouldn't be a bit deal.

 

[gooh]

.

If you're planning to submit e common law package in a couple of months, it should b fine. You can even write a cover letter explaining why it took a few months from living separately. Even though the VO can seem cold at times, they are humans and do have a heart! They will understand. And if it's only a 2 or 3 months, it shouldn't be a bit deal.

With my situation, any guess on how long I'd be able to live away from my partner before submitting our PR Application without my application being refused or getting too complicated (assuming we provide ample evidence of a genuine relationship and reason for me having to leave, i.e the health of my family member)?

It's really difficult for me to judge the time in which I'll be gone, my grandparents raised me so, if one of them is having such health issues, it's very hard for me to chose between them or my partner in terms of time..Obviously I want to be with my partner in the end, but I only have a limited amount of time left with my grandparents, the last thing I want is for something to happen and I not be there.

 

[Rob_TO]

With my situation, any guess on how long I'd be able to live away from my partner before submitting our PR Application without my application being refused or getting too complicated (assuming we provide ample evidence of a genuine relationship and reason for me having to leave, i.e the health of my family member)?

It's really difficult for me to judge the time in which I'll be gone, my grandparents raised me so, if one of them is having such health issues, it's very hard for me to chose between them or my partner in terms of time..Obviously I want to be with my partner in the end, but I only have a limited amount of time left with my grandparents.

Nobody can say except the visa officer that will be reviewing your file.

Regardless of if you're with your family or not, you should still get your PR app in asap. You can do that no matter what country you're in.

Once you get the app in, you can be apart from your sponsor for the entire duration of the application. This is quite common for applicants that can't get visitor visas to go to Canada. It will be expected that after your PR is approved, you would move to Canada.