I am saying that in all previous cases on record, they involve CIC trying to prove a couple was common-law (so in specific had cohabited for at least 12 months) prior to one of them landing as single.dpenabill said:
As far as I can tell there have been no cases on record, ever in which a conjugal couple only was ever investigated. All cases you've referenced to involve CIC trying to prove 12 months of cohabitation to establish a common-law relationship, not a conjugal relationship with less than 12 months cohabitation.
We can "suggest" that CIC may go after conjugal couples with less than 12 months cohabitation as that is certainly a possibility, but reality is that CIC has never done so in the past that I could find, so there is a good chance they will not do so going forward either. So in this case here where the couple has lived together only 4 months in a conjugal relationship, they would be safe from being excluded under family class later since they did not meet the definition of common-law. If CIC were to go after them similar to previous court cases, it would be to try and accuse them of actually cohabiting 12 months before one landed as single.
So in summary the common measuring stick CIC uses to ban people in all these cases, is marriage or 12 months of cohabitation. Without 12 months cohabitation, being a conjugal couple would be no different than being gf/bf.