Military BF going away on tour, how will this affect our common law?

[elexis969]

Me and my boyfriend have been together for 10 months and living together for just over four months, he is in the military and tonight we have just found out there is a big chance he will be sent on tour for 5 months starting next month....this obviously is a huge gap in our 12 months of living together and we were hoping to apply for PR in april 2017 which would coincide perfectly with the time remaining on my temporary working permit. Has anyone here had any experience with large gaps apart or dating a military spouse? I understand why the CIC has this rule however there is physically nothing we can do about long absences apart due to his career. If we wait an additional 5 months it means theres a high chance my work permit will run out before my application is processed and we were hoping to apply outland....so stressful Shall we just attempt to apply after 12 months regardless? Or wait the additional 5 months ....

 

[canadianwoman]

A five-month break is too long - CIC will not accept that as common-law. Wait to apply after you have lived together for 12 continuous months. You could also get married. Is it possible for you to go with him?

 

[Shineon39]

A five-month break is too long - CIC will not accept that as common-law. Wait to apply after you have lived together for 12 continuous months. You could also get married. Is it possible for you to go with him?

This is not true! I'm in canadian forces myself and time away for military mission " on tour" will not be consider a "break" in your 12 continuous months but your boyfriend will have to ask his chain of command a letter proving that he wents on tour with the date and you will have to continue living at the same place that you used to lived with your boyfriend until he come back. There is an other exeption for canadian military For the residency obligation for pr. Let say that your boyfriend have to move outside the country for 1 or 2 years, some canadian military do exchange with other NATO country like UK,USA and Germany. As a pr of canada you will be able to follow your husband in those country and those days will count for pr residency obligation as well for citizenship. You can go ask question with your boyfriend to the admin clerk on the base where your husband work. They will be helpful, a lot of military got foreign partner or spouse
Good luck

 

[Shineon39]

Just found my reference: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=370&top=5
For sure if he going "on tour" for 5-6 months it's not possible to go with him but if it's a posting yes it possible. For example I knew a military police on the base where i work and she is been assigned to canadian embassy in Moscow for 3 years, her husband and their daughter moved with her.

 

[ImABule]

This is not true! I'm in canadian forces myself and time away for military mission " on tour" will not be consider a "break" in your 12 continuous months but your boyfriend will have to ask his chain of command a letter proving that he wents on tour with the date and you will have to continue living at the same place that you used to lived with your boyfriend until he come back. There is an other exeption for canadian military For the residency obligation for pr. Let say that your boyfriend have to move outside the country for 1 or 2 years, some canadian military do exchange with other NATO country like UK,USA and Germany. As a pr of canada you will be able to follow your husband in those country and those days will count for pr residency obligation as well for citizenship. You can go ask question with your boyfriend to the admin clerk on the base where your husband work. They will be helpful, a lot of military got foreign partner or spouse
Good luck

Any time spent living abroad with your Canadian spouse counts towards the residency requirement for PR, but you have to already be a PR for this.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4

Is there another condition that allows you to qualify to apply for PR with similar benefits?

 

[ImABule]

Just found my reference: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=370&top=5

Hi Shineon,

This is for PR's counting days spent in Canada for citizenship.

You may count days abroad while living with your spouse who is in the military.

 

[Shineon39]

Hi Shineon,

This is for PR's counting days spent in Canada for citizenship.

You may count days abroad while living with your spouse who is in the military.

Yep you're right
And about the comman law 12 contineous month, the 5 months military tour will count regarding income taxe law and benefit. How a visa officer will see it? I don't know. When I did my last tour in 2014-15 (8 months) i knew some guys who became common law partner while they were on tour.

 

[ImABule]

Yep you're right
And about the comman law 12 contineous month, the 5 months military tour will count regarding income taxe law and benefit. How a visa officer will see it? I don't know. When I did my last tour in 2014-15 (8 months) i knew some guys who became common law partner while they were on tour.

Didn't know you were in the military in all the times we talked.

Thank you for your service

 

[elexis969]

Thank you all for your replies - it's such a relief to have hope regarding the situation because we were really concerned about as there is a chance we could never have the 12 months continuous service because of his job as he is sent away a lot, there is always going to be gaps in the timeline!

 

[elexis969]

This is not true! I'm in canadian forces myself and time away for military mission " on tour" will not be consider a "break" in your 12 continuous months but your boyfriend will have to ask his chain of command a letter proving that he wents on tour with the date and you will have to continue living at the same place that you used to lived with your boyfriend until he come back. There is an other exeption for canadian military For the residency obligation for pr. Let say that your boyfriend have to move outside the country for 1 or 2 years, some canadian military do exchange with other NATO country like UK,USA and Germany. As a pr of canada you will be able to follow your husband in those country and those days will count for pr residency obligation as well for citizenship. You can go ask question with your boyfriend to the admin clerk on the base where your husband work. They will be helpful, a lot of military got foreign partner or spouse
Good luck

Thankyou SO much for your help, i could kiss you! Im hoping he doesnt go away still (find out in a few weeks) - but at least if he does we know what to do! I never even thought to go and see admin!

 

[elexis969]

A five-month break is too long - CIC will not accept that as common-law. Wait to apply after you have lived together for 12 continuous months. You could also get married. Is it possible for you to go with him?

Unfortunately he is still technically married (been separated several years and in the divorce process), and even if he wasn't - I personally don't agree with marriage or want to do it, especially not for a visa so that kinda rules that out. And as it's a tour (can't go into much detail i'm afraid) - its physically not possible or allowed for me to go/stay/visit him, he will be literally working every single day he is there.

 

[Shineon39]

Didn't know you were in the military in all the times we talked.

Thank you for your service

Thank you ImABule . Actualy I met my wife while I was on my tour leave in 2014

 

[Rob_TO]

This is not true! I'm in canadian forces myself and time away for military mission " on tour" will not be consider a "break" in your 12 continuous months but your boyfriend will have to ask his chain of command a letter proving that he wents on tour with the date and you will have to continue living at the same place that you used to lived with your boyfriend until he come back.

Can you find any documents in the guides or elsewhere on CIC website, that states this is true??

Remember common-law for CIC/PR immigration, is very different from common-law for CRA tax purposes. In the standard guides there is no mention that being separated due to being in the military, counts towards qualifying for common-law for immigration purposes.

So before trying this I would first research some more with CIC. The only opinion that matters is the visa officer reviewing the file, not what the military chain of command thinks.

 

[Shineon39]

Can you find any documents in the guides or elsewhere on CIC website, that states this is true??

Remember common-law for CIC/PR immigration, is very different from common-law for CRA tax purposes. In the standard guides there is no mention that being separated due to being in the military, counts towards qualifying for common-law for immigration purposes.

So before trying this I would first research some more with CIC. The only opinion that matters is the visa officer reviewing the file, not what the military chain of command thinks.

For cra purpose i'm 100% sure confirmed by military admin clerk and experience of some colleque. For cic and immigration I didn't find clear reference except one stating that a common law can go outside the country for work purpose for short period but it's not specify what it is a "short period". About military life it will be barely impossible to get 12 contineous months living together. I'm serving since 2008 and I have an average of 3-4 months each year away from home. I'm sure that a visa officer will not disqualify a military to be common law because he's serving is country. And the chain of command can produce some good document to prove comman law like social benifit for spouse or common law partner, next of kin, personal file of the military member stating that he is common law with ... Another good document would be the Memorial cross document where the common law partner name will appear( http://www.veterans.gc.ca/eng/remembrance/medals-decorations/memorial-cross )

For sure calling cic would be a good idea also to get peace of mind

 

[Shineon39]

Maybe a bit out of context but can show how cic can do exception for military personel. According to this reference http://www.cic.gc.ca/english/resources/manuals/bulletins/2015/ob613.asp para 3.5
Cic would accept proxy marriage for military personel to a foreign spouse. But would not recommend it since it seem to lead to an automatic interview for the applicant.