Income and Separation

[Dan284]

Hello again,

If we are filing under common-law, does my sponsor need to make a certain amount of money in order to sponsor me? Also, my fiancee and I have been together for about 7 years now but we lived together for 3 years. She had to return to Canada this January because her visa expired. My question is this: Can we still apply for Common-Law although we have not been living together for 5 months now? Thanks for any help.


-Dan

 

[CharlieD10]

There is no minimum income requirement for sponsorship of spouses, including common-law spouses.

You need a minimum of 12 months continuous cohabitation to qualify as common-law, so you are OK there. It is understood you may separate from time to time for various reasons.

 

[PMM]

Hi

There is no minimum income requirement for sponsorship of spouses, including common-law spouses.

You need a minimum of 12 months continuous cohabitation to qualify as common-law, so you are OK there. It is understood you may separate from time to time for various reasons.

5 months is too long of a separation for a C/law application.

 

[newlife23]

I think while you are living separately but still have a continuous relationship is still good. You would need to put in your applications asap.

 

[CharlieD10]

Hi

5 months is too long of a separation for a C/law application.

PMM: Since her visa expired for the US, can they file as conjugal, then? He is visa-exempt as an American, but what if their circumstances do not allow for him to go visit with her while the app is processing?

Since the category is based on the cohabitation period and they have accummulated more than the minimum, if they have a reasonable explanation for separating physically but the relationship continues, you mean they can't use that category?

 

[Dan284]

So if 5 months and counting is to long, then is it best for us to apply for conjugal instead? Also, I did a little research and came across a website stating that if we are apart for less than a 12 month period then we are still eligible for common-law. Once we have been separated for 12 months or more then we are ineligible to apply for common-law.

My plan is to fly up in September and stay with her for six months while all of the paper work is being processed.

 

[scylla]

You don't qualify for conjugal because there is nothing preventing you from getting married or living common law.