Question on Common Law time gap

[CaroM8]

Hi again!

I am full of questions today! It just came to me that this little detail might be a problem...

Is a month "gap" in our common law relationship a problem? Meaning that we were apart AKA not living together for a month which breaks our one year minimum living together common law status? I'll explain.

We lived in Guatemala together from January 2015 until May 2015 when we moved to Canada. In October 2015, my partner had to leave Canada suddenly due to a death in his family in Guatemala. I couldn't leave right away due to work and lease so I went back to Guate in November. I'm still here with him. This means we were technically not living together for about a month. It's not like we broke up or anything, and we didn't mean it to happen that way it just did.. Thoughts? Thanks in advance!!

 

[Rob_TO]

Hi again!

I am full of questions today! It just came to me that this little detail might be a problem...

Is a month "gap" in our common law relationship a problem? Meaning that we were apart AKA not living together for a month which breaks our one year minimum living together common law status? I'll explain.

We lived in Guatemala together from January 2015 until May 2015 when we moved to Canada. In October 2015, my partner had to leave Canada suddenly due to a death in his family in Guatemala. I couldn't leave right away due to work and lease so I went back to Guate in November. I'm still here with him. This means we were technically not living together for about a month. It's not like we broke up or anything, and we didn't mean it to happen that way it just did.. Thoughts? Thanks in advance!!

Unfortunately there is no firm answer, as all CIC guides state is breaks must be "temporary and short". The only person's opinion that really matters is the visa officer that ends up reviewing your file as everything is at their discretion.

In the past some people have run into trouble with breaks of 3-4 weeks, and visa officer has claimed it broke the cohabitation. Others have had same or even longer breaks and visa officer didn't care and app was processed no problem.

So basically you will have to take your chances by submitting your app with as much cohabitation and relationship proof as possible, and hope for the best.

 

[CaroM8]

Thank you so much for your answer!

We will provide as much detail and proof as possible and hope for the best! Do you think if we provide the death certificate of the family member that passed away it might seem more legit? We did not intend to leave Canada separately, life happens you know?

I love how your entire application is subjective to whoever happens to read it! Isn't wonderful?

 

[Aquakitty]

I think it's a good idea to include a copy of the death certificate, it shows you take this seriously. With that proof and explanation my guess is, it will be ok. The alternative is to get married or wait another 8 months.

 

[CaroM8]

Thanks AquaKitty!

I am a bit worried about this but I guess there is not much I can do about it now... I will include an explanation as to why this happened. Along with our chat history during the time we were apart. I will try my best to get a death certificate, although I don't know how easy it is to get that here in Guatemala..