IMM5409 and 12 months cohabitation period

[Michael_R]

Hi all
Its been well over a year while my sponsorship case is being processed, 10 months since last update. I have now moved in from UK to Canada to live with my GF and burning through my savings.
While we wait we wanted to notary confirm our common-law union, however we only live together for 6 months at this point in time, It maybe a stupid question but is that 12 months of cohabitation mandatory and is the fact that we were for 2 years flying back and forth counting towards these 12months. After all she was living with me in UK while she was here, or me with here in Canada when I was here.

 

[scylla]

Hi all
Its been well over a year while my sponsorship case is being processed, 10 months since last update. I have now moved in from UK to Canada to live with my GF and burning through my savings.
While we wait we wanted to notary confirm our common-law union, however we only live together for 6 months at this point in time, It maybe a stupid question but is that 12 months of cohabitation mandatory and is the fact that we were for 2 years flying back and forth counting towards these 12months. After all she was living with me in UK while she was here, or me with here in Canada when I was here.

Yes, the 12 months of continuous cohabitation is absolutely necessary to be considered as common law. You should withdraw your application since you didn't meet the requirements to be classified as common law at the time you applied. Your application is stuck since you don't meet the requirements and this has triggered additional reviews before IRCC ultimately refuses your application. The flying back and forth does not count. That is not continuously cohabitating. Withdraw the application. Reapply once you are either married or have cohabitated without breaks for a full year.

 

[Michael_R]

thanks for confirming, from the application point of view we are talking conjugal relationships so by definition two ppl who cant cohabitate due to reasons beyond their control, or am I hugely mistaken?

 

[scylla]

thanks for confirming, from the application point of view we are talking conjugal relationships so by definition two ppl who cant cohabitate due to reasons beyond their control, or am I hugely mistaken?

Mistaken. Withdraw the application. Conjugal is for people who face real immigration barriers to getting married or becoming common law. You face no such real barriers as evidenced by the fact you have now moved to the UK.

 

[armoured]

thanks for confirming, from the application point of view we are talking conjugal relationships so by definition two ppl who cant cohabitate due to reasons beyond their control, or am I hugely mistaken?

But you say you are cohabiting.

 

[Michael_R]

initial application was made as outside Canada conjugal, but it takes so long and we are not teenagers (we want kids, cant do it over whatsapp so I closed my life in UK and moved to Canada hoping we can finish this here. As it takes forever and there is no way to get any update from anyone on the matter, even asking for notes takes forever, we were hoping that we can trigger some actions by adding IMM5409 to the documents with note that circumstances has changed ect. but if there is no point signing the form as we don't meet 12 months criteria this idea died as fast as it was born
Hope that make more sense now.
Frankly if you (or anyone) have any advise as to what to do next that would be fab, sitting and burning through my savings is not ideal. I have applied for stay extension as well as open work permit but these two stuck as well.

 

[Michael_R]

Mistaken. Withdraw the application. Conjugal is for people who face real immigration barriers to getting married or becoming common law. You face no such real barriers as evidenced by the fact you have now moved to the UK.

its the fact that I cant stay in Canada for longer than 6 months a real barrier to become a common-law ? by Canadian law I cant meet 12 months cohabitation criteria

 

[scylla]

its the fact that I cant stay in Canada for longer than 6 months a real barrier to become a common-law ? by Canadian law I cant meet 12 months cohabitation criteria

It's not. You can easily stay here for longer than six months. You would simply apply to extend your status in Canada for another six months. Very easy to do. No immigration barrier.

 

[armoured]

Frankly if you (or anyone) have any advise as to what to do next that would be fab, sitting and burning through my savings is not ideal.

Listen to what people are telling you: get married, re-apply, will get done much more quickly than this faffing about you're doing now.

 

[scylla]

initial application was made as outside Canada conjugal, but it takes so long and we are not teenagers (we want kids, cant do it over whatsapp so I closed my life in UK and moved to Canada hoping we can finish this here. As it takes forever and there is no way to get any update from anyone on the matter, even asking for notes takes forever, we were hoping that we can trigger some actions by adding IMM5409 to the documents with note that circumstances has changed ect. but if there is no point signing the form as we don't meet 12 months criteria this idea died as fast as it was born
Hope that make more sense now.
Frankly if you (or anyone) have any advise as to what to do next that would be fab, sitting and burning through my savings is not ideal. I have applied for stay extension as well as open work permit but these two stuck as well.

- Withdraw the application. You don't qualify for sponsorship.
- Fastest path is to get married and then resubmit the application.
- Other path is to complete 12 months of continuous cohabitation and then reapply. As said in my previous response, very easy for you to remain in Canada for 12 straight months and certainly not again any law as long as you do it right
- conjugal is a non starter

 

[armoured]

- Withdraw the application. You don't qualify for sponsorship.
- Fastest path is to get married and then resubmit the application.

I will make one minor comment on this, which is that IRCC (according to procedures) will take into account any change in marital status when evaluating the current application, and without prejudice to the conjugal aspect.

That is, in principle, applicant and sponsor could marry (now), provide proof of marriage when available, and send that information to IRCC with request to evaluate as married.

Caveats are: I don't know for a fact that this will be faster than withdrawing and re-applying (it might well take longer); IRCC does not always follow the published procedures to the letter (whether because they might have made changes or published are not up to date, or because ... who knows, really); and this also relies on the original conjugal application not having other serious defects (which I have no faith in because the OP doesn't seem to have understood the process and requirements at all).

Given all that, it might honestly be better to just withdraw and re-apply, as you suggest. But it could (arguably 'should' but I say that with serious reservations) be quicker to get married and request consideration as married.

 

[scylla]

I will make one minor comment on this, which is that IRCC (according to procedures) will take into account any change in marital status when evaluating the current application, and without prejudice to the conjugal aspect.

That is, in principle, applicant and sponsor could marry (now), provide proof of marriage when available, and send that information to IRCC with request to evaluate as married.

Caveats are: I don't know for a fact that this will be faster than withdrawing and re-applying (it might well take longer); IRCC does not always follow the published procedures to the letter (whether because they might have made changes or published are not up to date, or because ... who knows, really); and this also relies on the original conjugal application not having other serious defects (which I have no faith in because the OP doesn't seem to have understood the process and requirements at all).

Given all that, it might honestly be better to just withdraw and re-apply, as you suggest. But it could (arguably 'should' but I say that with serious reservations) be quicker to get married and request consideration as married.

Agreed with this.

 

[Michael_R]

thank you for all comments and guidance
In twist they send me today letter to pay for biometrics, Ive had medical done in Jan. Should I go ahead as I understand these last for 10 years or save money?

 

[armoured]

thank you for all comments and guidance
In twist they send me today letter to pay for biometrics, Ive had medical done in Jan. Should I go ahead as I understand these last for 10 years or save money?

Biometric needs to be redone for PR apps, medicals typically only good for one year so you will need to do.

But I'd solve the OTHER issues first.

 

[Michael_R]

Its been a while but I wanted to give you all update on my situation, things started to happening literally the moment I posted here.
My application has been approved without any further complications.
For reference and future guidance my case notes approved my situation as two people that cannot be together due to work commitment in their respective countries.
Hope that may help for future reference.