***HELP! Does this count as a Common Law?

[estinnis]

My girlfriend and I have been in a relationship for almost 3 years. She is from Peru, and I am born and raised in Canada. In July 2013 she came here on a visitor visa. She lived with me in my apartment (that I own, so we don't share a lease or anything), until December 2013 when we decided to travel Asia together for 2.5 months. After that trip, she went back home to Peru to visit her family for 5 weeks before returning to Canada (visiting me) on another visitor visa for 6 months. I was wondering if she would qualify as a common law partner come July 2014? We definitely have all the proof necessary to show we're in a genuine relationship. She also has a Quebec immigration application in progress but that seems to be taking way too long, so I was hoping we could just apply directly to the Federal Common Law sponsorship program?

Any advice or help would be greatly appreciated!
Thanks!

 

[Ponga]

My girlfriend and I have been in a relationship for almost 3 years. She is from Peru, and I am born and raised in Canada. In July 2013 she came here on a visitor visa. She lived with me in my apartment (that I own, so we don't share a lease or anything), until December 2013 when we decided to travel Asia together for 2.5 months. After that trip, she went back home to Peru to visit her family for 5 weeks before returning to Canada (visiting me) on another visitor visa for 6 months. I was wondering if she would qualify as a common law partner come July 2014? We definitely have all the proof necessary to show we're in a genuine relationship. She also has a Quebec immigration application in progress but that seems to be taking way too long, so I was hoping we could just apply directly to the Federal Common Law sponsorship program?

Any advice or help would be greatly appreciated!
Thanks!

Unfortunately, you do not qualify.

You must have lived together (anywhere) for 1 full year (not 364 days) with virtually no break in tenancy. A short trip (maybe a week or two) would have been ok, but not what you've described.

 

[Rob_TO]

You have 2 main issues:
1 - No proof of her living at your apartment since July 2013. If you can't prove it, then to CIC it never happened. You would need to show evidence dating back to July 2013 such as mail delivered to her at your address, an official living/tenant agreement with you, proof of her paying for household expenses, notarized letters from neighbours that she was living there, and any other thing you can think of that proves she lived there.
2 - 5 weeks is a long break. CIC defines breaks allowed during common-law processing should be "temporary and short". Though there is no specific number allowed, usually it's recommend to keep any breaks to less than 3 weeks. My feeling is the 5 weeks would break the cohabitation, but ultimately this would be up to any visa officer reviewing your file.

 

[canuck_in_uk]

2 - 5 weeks is a long break. CIC defines breaks allowed during common-law processing should be "temporary and short". Though there is no specific number allowed, usually it's recommend to keep any breaks to less than 3 weeks. My feeling is the 5 weeks would break the cohabitation, but ultimately this would be up to any visa officer reviewing your file.

Agreed. That 5 weeks will most likely be seen as a break in the 1 year count.

 

[estinnis]

Hmmm.. She has phone bills addressed to my address. Would that help? I own the apartment and have always paid the utility bills directly from my account, so I would never have asked her to pay for any of that. I could probably get the concierge to notarize some letter saying that she has lived with me.. Would that help?

I have our text message conversations from every single consecutive day since I met her. I'm sure that would mean something as well?

Does the 2.5 months of traveling together count as co habitation?

 

[estinnis]

We only had her go back to Peru so that she could visit her family, and because we were worried that she wouldn't be able to get back into Canada so soon after leaving (hence the 2.5 month trip, and 5 week gap)...

 

[Rob_TO]

Hmmm.. She has phone bills addressed to my address. Would that help? I own the apartment and have always paid the utility bills directly from my account, so I would never have asked her to pay for any of that. I could probably get the concierge to notarize some letter saying that she has lived with me.. Would that help?

Yes those would definitely help. Especially if the phone bills are dated close to when she first moved in with you.

Does the 2.5 months of traveling together count as co habitation?

Yes it does. Again you have to show proof though, such as matching stamps in your passport, proof you stayed at same hotels, etc.

But really it's the 5 weeks she went home while you were in Canada, that is your biggest issue. The reason she left is not relevant to CIC, just the fact there is a 5 week gap in cohabitation.

 

[Ponga]

Her phone bills would have need to be from the entire time that you were living together. Providing recent phone bills will be of little value, if at all.

A single source (phone bill) is not enough to convince CIC, nor would a letter from the concierge of you building help much.

The text message could help prove that you are a couple, but would have no impact on proving the critical part; that you've lived together for 1 full year.

 

[estinnis]

Ughh... I wish immigration didn't take so long, but I understand. Thanks for the replies!