Me and my partner were forced to separate and go to our own countries while we were both living in Austria. I am Canadian and she is German. We were too late to try to get back to Canada together. Before Canada banned international travelers to Canada we secured a rental agreement so we will still have something under both our names. We are in the middle of getting proof of our year together to apply for common law PR. Should we just give up even though this was out of our hands? Or keep some hope up.
My partner and I were forced to seprate to our own countries because of Covid. Should we just give up applying for common law PR?
- Thread starter Jessncaro
- Start date
Unfortunately if the separation is more than a few weeks then you have to start the 1 year over again.
DiiDii
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- Apr 8, 2019
- 594
- Category........
- FAM
- Visa Office......
- Kingston VO
- App. Filed.......
- 01-23-2020
- AOR Received.
- 02-06-2020
- File Transfer...
- 23-01-2021
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- 18-09-2020
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- 23-09-2020
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- 13-07-2021
There are no immigration barriers preventing them from getting married or living together. Not sure the reasons they could not remain in Austria but it may have been personal choice. They can always return to living together after covid.
IRCC has announced a number of exceptions due to COVID-19. However this is not one of them so far. My two cents is that you need to wait until you are either married or have lived together for a full year continuously before you will be eligible to apply. The COVID-19 situation is temporary and so far it does not appear IRCC is viewing this as an exception situation that would allow a couple such as yourselves to qualify through conjugal.
Sorry - just to be clear, have you already lived together for at least one full year continuously? If so, you are good to apply as common law.
I am confused. I was under the impression you had just rented a home together in Austria. Did you both not have jobs and some sort of status in Austria that would have allowed you to stay in Austria. Do you not have an empty home in Austria at the moment? Where were you living before your ski holiday and was it together?
"We are in the middle of getting proof of our year together to apply for common law PR." - do you mean to say you had already lived together for a year as common law and were gathering proof of cohabitation? If you had already lived together for 12 months continuously with no breaks it means you are common law already, you are eligible to apply common law regardless of currently living apart.