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Help: Common law outland question?

the_illest

Full Member
Mar 8, 2017
34
15
Hi everyone! I am new here but I have poured over these forums for the last week or so trying to track down an answer to my question but can’t quite get it.

Some background: I am a Canadian citizen and my fiancé is a US citizen. We are both currently living and working in NYC (I have a valid work visa here). We have lived together for close to two years in NYC only and are looking to apply for the common-law sponsorship through the outland process. I am currently looking for a job in Canada and hope to move once I get an offer.

Concern/question: we apply for the outland process while we are both in NYC and say, I get an offer in the next 4 months and need to move to Canada. I am happy to do that and since he is a US Citizen, he can visit for a few months at a time (he can work remotely for his US-based job as well so it shouldn’t be a problem for us). But, technically we will apart from each other during the PR processing. Will this void our common-law application since we won’t continue to officially live together once/if I move to Canada while the application is reviewed?
 

Bcboundboy

Hero Member
Aug 16, 2016
378
29
the_illest said:
Hi everyone! I am new here but I have poured over these forums for the last week or so trying to track down an answer to my question but can’t quite get it.

Some background: I am a Canadian citizen and my fiancé is a US citizen. We are both currently living and working in NYC (I have a valid work visa here). We have lived together for close to two years in NYC only and are looking to apply for the common-law sponsorship through the outland process. I am currently looking for a job in Canada and hope to move once I get an offer.

Concern/question: we apply for the outland process while we are both in NYC and say, I get an offer in the next 4 months and need to move to Canada. I am happy to do that and since he is a US Citizen, he can visit for a few months at a time (he can work remotely for his US-based job as well so it shouldn’t be a problem for us). But, technically we will apart from each other during the PR processing. Will this void our common-law application since we won’t continue to officially live together once/if I move to Canada while the application is reviewed?
No. You must live together for 12 months to establish common law. Once that is done, physical separation does not void common law status, so long as you both consider the relationship ongoing, and act accordingly.