How long can spouse and I be apart before common-law relationship void?

[Jaanos]

Hi everyone,

Thanks for this amazing resource and all the help. I've spent a few hours reading through documents on the CIC website and also searched here but cannot find an answer on this.

My partner and I have been together for 3 years and in a common-law relationship for just over 2 years (mutual lease, bank account, etc). We have just spent 9 months travelling around Australia together in a campervan and my Partner has spent the past 4 weeks travelling Asia with her Mother and has now moved back to Canada as her Australian temp working visa has expired. I am still in Australia trying to sell our Van so I can meet back in Canada, apply for PR through common-law and get a bridging working visa.

Does anyone know if the 4 weeks+ we have been apart will have an impact on our common-law status? What if it went to 8 weeks? Or more? Is there a cut-off? We are still in contact every day via phone, email, etc and still very much in a relationship together. I need to sell our van for a decent price though which may take several more weeks....

Any advice greatly appreciated!

Thanks

 

[starnaenae]

Looks like you guys are fine:

According to case law, the definition of common-law partner should be read as “an individual who
is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the
partners may live apart for periods of time without legally breaking the cohabitation. For example,
a couple may have been separated due to armed conflict, illness of a family member, or for
employment or education-related reasons, and therefore do not cohabit at present (see also 5.44
for information on persecution and penal control). Despite the break in cohabitation, a commonlaw
relationship exists if the couple has cohabited continuously in a conjugal relationship in the
past for at least one year and intend to do so again as soon as possible. There should be
evidence demonstrating that both parties are continuing the relationship, such as visits,
correspondence, and telephone calls.
This situation is similar to a marriage where the parties are temporarily separated or not
cohabiting for a variety of reasons, but still considers themselves to be married and living in a
conjugal relationship with their spouse with the intention of living together as soon as possible.
For common-law relationships (and marriage), the longer the period of separation without any
cohabitation

 

[canuck_in_uk]

Does anyone know if the 4 weeks+ we have been apart will have an impact on our common-law status? What if it went to 8 weeks? Or more? Is there a cut-off? We are still in contact every day via phone, email, etc and still very much in a relationship together. I need to sell our van for a decent price though which may take several more weeks....

Hi

There is no cut-off. Provided you can show that the relationship is ongoing while living apart, your common-law status remains valid. The longest I've seen here on the forum was 3 years living apart after establishing common-law; the applicant was called for an interview but the app was approved.

A few months is nothing to worry about. It's actually fairly common, as many people live together to establish common-law and then return to their countries to work while waiting for PR.

 

[Rob_TO]

I am still in Australia trying to sell our Van so I can meet back in Canada, apply for PR through common-law and get a bridging working visa.

Why don't you just apply immediately with an OUTLAND app? Sydney is a very quick visa office, and you may get your full PR approved in around the same time it would take to go to Canada, submit an INLAND PR app, and wait 4 months or so for the OWP to arrive.

While waiting for outland PR app to be approved, you can still go to Canada anytime as a visitor to wait out the process.

 

[majesty]

Hi

My partner and I lived together for a year from aug 2012 to aug 2013. He had to leave Canada because his working holiday visa expired. He tried to apply for another work permit without success. Then tried to come to Canada via other programs like EE and also wrote the IELTS twice in the meantime but that also didn't result in anything happening. We were kind of discouraged in applying under family sponsorship as there is also a big age gap between me and my partner, my divorce to previous partner was not finalized until Aug 2015 and also a reported wait time of 18months before the average app was approved for the country he was from under old process. Three plus years later in Jan we finally submitted our app for common law sponsorship.

In the 3 years we have been separated we have seen each other every 4-8 months visiting each other in our home countries and or vacationing together. It has not been an easy road but it sure makes the relationship stronger if you can endure all that plus the sponsorship process. I'm pretty sure we'll be called for an interview if we ever get to that stage. We applied at end of Jan 2017 and still waiting to get AoR2 from VO. It seems that we are destined to wait forever to be together. I can only say what doesn't kill you makes you stronger. I don't know what the result of our app will be but we knew we had to try everything despite all the odds stacked against us.

I't sounds like your case is much more straightforward and you'll be approved pretty quick if you submit the proof of relationship they want.

Best of luck!