Mlneron said:
Hi everyone,
We are going to apply for the sponsorship common-law partner OUTSIDE of Canada. My partner (Australian) is currently living with me in Canada on a visitor VISA.
We have friends who had just been asked to supply more info about living together consecutively for 12 months. We are now concerned because we had to separate for 5 months due to Visa issues. We have now been living together for 8 months consecutive and have a lease together for an extra 7 months in Canada.
Even if we have been apart is our relationship considered consecutive?
We have proves that we were in touch on that 5 months apart.
Thanks,
Marie-Lou
For common-law to apply, cohabitacion must have occurred for the 12 (consecutive) months immediately preceding the submission of your application and must continue after the application is submitted:
Per CIC:
You can sponsor the person as your common-law partner
•regardless of his or her sex, and
•you are cohabiting in a conjugal relationship and have done so for at least one year
Your relationship is consecutive, but the common-law status does not apply after a five month separation. You will be better off applying inland (as your partner is with you) in 4 months (to complete the 365 days of cohabitation) trying to maintain legal status for your partner, plus after AIP occurs your partner could work, if you apply for an open work permit along with your PR application. Obviously, if you are planning to apply under common-law you are not expecting your partner to leave (if your partner leaves your common-law status may cease) so you may benefit from an inland application. However, if you expect issues with the legal status and want to apply outland so your partner can leave without damaging an inland application, then you still have the issue of your common-law status ceasing to exist at some given point.
You could not go with the conjugal partner category because your partner is required to live outside Canada:
Conjugal Partner (Per CIC)
A conjugal partner is a foreign national residing outside Canada who is in a conjugal relationship with a sponsor for at least one year, but could not live with the sponsor as a couple. This term applies to both heterosexual and homosexual couples. This category was established for partners of sponsors who normally would present an application as spouse or common-law partner but cannot due to circumstances beyond their control (e. g., immigration barrier, religious reasons or sexual orientation). Thus, they could not live together for a period of at least one year.
In most cases, the foreign partner is also not able to legally marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, meaning they have been in a bona fide (genuine) conjugal relationship for a period of at least one year.
However, a significant degree of attachment and mutually interdependence between both partners must be demonstrated. They must also provide proof of the obstacles or restrictions that prevent cohabitation or marriage.
