STATUTORY DECLARATION OF COMMONLAW UNION

[laurenlisashaw]

Hello!

Okay so need some advice here !

I am a 24 year old British Citizen. I met my Canadian Boyfirend in Australia, where we were both backpacking, almost 2 years ago. WE lived together for at least one year there and have a lease to prove this. (amongst many other pieces of evidence)

HOWEVER. when my boyfriend's Australian visa expired in November 2011 he HAD to leave the country.

WE decided that it would be better if I stayed in Australia for my final 3 motnhs of my visa, where i had a good paying job, so I could save up money to fund a move to Canada. (im talking $30 an hour!) We obviously didnt want to be separated but we had no other option. In March 2012 I returned to the UK to see my family who I had not seen in 26 months! I then planned to go to Canada but my Grandmother then became very ill, i stayed in the UK longer than expected again because of this. I eventually landed in Canada on a tourist visa 2 days after her funeral in MAY 2012. I have now been here for 1 month.

So we were apart for 6 months in total, but maintaing a long distance relationship.

My boyfriend and I decided to apply for permant residence here for me from within canada: spouse or commonlaw partner in Canada class (IMM5289) so we went to see a lawyer for help and advice

we were told that because of the 6m 'separation' we do not count as commonlaw, despite the fact that the very definition of commonlaw is that you must live together continuously for at least a year, which we had done before the separation. apparantly we have only technically been together for 1 month. since this seems like a grey area she suggested that it is worth a shot at applying anyway but we should explain our circumstances. normally exceptions are made for people that have civil war or armed conflict . not sure if an expired visa and a sick relative count as exceptional circumstances?!

it just seems crazy and unfair that we could be penalised !

has anything similar happened to any of you?
do you think we stand a chance?
I was thinking seeing as it take up to 11months for them to even get to our application in visa office anyway, by the time they read it we will have been back at the same address for a year ?!

let me know your thoughts

thanks

 

[AnaMaria]

Hi,

I think your lawyer is basically right. It says

you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)

From the posts in this forum, 6 months is not considered as "short absences". Your family situation might be considered but your not wanting to give up a good paying job would not be considered as good reason.

Would getting married be an option for you?

 

[rjessome]

Hello!

Okay so need some advice here !

I am a 24 year old British Citizen. I met my Canadian Boyfirend in Australia, where we were both backpacking, almost 2 years ago. WE lived together for at least one year there and have a lease to prove this. (amongst many other pieces of evidence)

HOWEVER. when my boyfriend's Australian visa expired in November 2011 he HAD to leave the country.

WE decided that it would be better if I stayed in Australia for my final 3 motnhs of my visa, where i had a good paying job, so I could save up money to fund a move to Canada. (im talking $30 an hour!) We obviously didnt want to be separated but we had no other option. In March 2012 I returned to the UK to see my family who I had not seen in 26 months! I then planned to go to Canada but my Grandmother then became very ill, i stayed in the UK longer than expected again because of this. I eventually landed in Canada on a tourist visa 2 days after her funeral in MAY 2012. I have now been here for 1 month.

So we were apart for 6 months in total, but maintaing a long distance relationship.

My boyfriend and I decided to apply for permant residence here for me from within canada: spouse or commonlaw partner in Canada class (IMM5289) so we went to see a lawyer for help and advice

we were told that because of the 6m 'separation' we do not count as commonlaw, despite the fact that the very definition of commonlaw is that you must live together continuously for at least a year, which we had done before the separation. apparantly we have only technically been together for 1 month. since this seems like a grey area she suggested that it is worth a shot at applying anyway but we should explain our circumstances. normally exceptions are made for people that have civil war or armed conflict . not sure if an expired visa and a sick relative count as exceptional circumstances?!

it just seems crazy and unfair that we could be penalised !

has anything similar happened to any of you?
do you think we stand a chance?
I was thinking seeing as it take up to 11months for them to even get to our application in visa office anyway, by the time they read it we will have been back at the same address for a year ?!

let me know your thoughts

thanks

I disagree with the lawyer. OP Manual 2 says:

5.36. How can someone in Canada sponsor a common-law partner from outside Canada when
the definition says “is cohabiting”?
According to case law, the definition of common-law partner should be read as “an individual who
is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the
partners may live apart for periods of time without legally breaking the cohabitation. For example,
a couple may have been separated due to armed conflict, illness of a family member, or for
employment or education-related reasons, and therefore do not cohabit at present (see also 5.44
for information on persecution and penal control). Despite the break in cohabitation, a commonlaw
relationship exists if the couple has cohabited continuously in a conjugal relationship in the
past for at least one year and intend to do so again as soon as possible. There should be
evidence demonstrating that both parties are continuing the relationship, such as visits,
correspondence, and telephone calls.
This situation is similar to a marriage where the parties are temporarily separated or not
cohabiting for a variety of reasons, but still considers themselves to be married and living in a
conjugal relationship with their spouse with the intention of living together as soon as possible.
For common-law relationships (and marriage), the longer the period of separation without any
cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still
exists.

 

[laurenlisashaw]

Thanks for the thoughts!

We just dont have the money to get married you know, not how i'd like to have all my friends and family around. sure we could do some quick registry office thing but I dont want to do that just for the sake of immigration. I want to be able to take my time like any other young couple. If you know what I mean?

I think that I will explain the 'separation' and just try to stress the fact that we ha'd already cemented a commonlaw realtionship before the absence.

hope it will work, and if not, ill just have to wait another 11months and we'll apply again!

Maybe I'll post my letter when it's done and see what you think

 

[laurenlisashaw]

Thanks for the thoughts!

We just dont have the money to get married you know, not how i'd like to have all my friends and family around. sure we could do some quick registry office thing but I dont want to do that just for the sake of immigration. I want to be able to take my time like any other young couple. If you know what I mean?

I think that I will explain the 'separation' and just try to stress the fact that we ha'd already cemented a commonlaw realtionship before the absence.

hope it will work, and if not, ill just have to wait another 11months and we'll apply again!

Maybe I'll post my letter when it's done and see what you think

 

[Isometry]

Many people do a quick registry office thing, and then follow it with a more traditional/religious wedding later. Just a thought!

 

[AnaMaria]

May I ask how you would support yourself? If it get's longer... It is your choice and understand planning a nice wedding. Just thought marriage (registry now, not ceremony later) might give you a peace of mind (I think it is what you guys are planning any way and you seem to have very strong case for marriage). Whatever you decide, good luck and let us know how it goes!