when does CIC class you as being together for 2 years common law?

[elexis969]

Heya,

So me and my boyfriend have nearly been living together for two years (together 6 months prior to moving in), we were waiting to hit the 2 year living together mark before applying for permanent residence (he's a citizen, I am not) and were under the assumption that if we lived together for 2 years that was classed as two years common law and therefore would be issued PR not conditional PR, the reason being the job I want will not let me apply with any conditions on my PR (EPS for anyone curious). On a previous question i posted here I was told that its actually 3 years in total - 1 year to gain common law status and then two years living as common law - but we spoke to an immigration lawyer who said this was incorrect and its just the two years living together. And now im super confused/concerned as its not uncommon for immigration lawyers to be incorrect.

Does anyone have any insight/ experience with this?

 

[krishnalynn]

To apply for permanent residence, you only need to be living together for one year to be common law.

However, you will receive conditional permanent residence if you've been in a common-law relationship for less than two years. You're not common-law the first year, you officially become common-law after living together for one year. So it would be three years in total if you're set on getting that condition removed.

Here's a source from CIC:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp

For examples see the chart below:

Condition applies if:

Couple is married for two years or less; or
Couple dated for four years, but is married for two years or less; or
Couple have been in a conjugal relationship for two years or less; or
Couple has cohabited in a common-law [Note 1] relationship for two years or less; and
Do not have any children in common.

Condition does not apply if:

Couple is married for more than two years; or
Couple have been in a conjugal relationship for more than two years; or
Couple has cohabited in a common-law [Note 1] relationship for more than two years; or
Have children in common.

[1] Common-law Partner, as described in s.1 (1) of IRPR, means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.

 

[zardoz]

Heya,

So me and my boyfriend have nearly been living together for two years (together 6 months prior to moving in), we were waiting to hit the 2 year living together mark before applying for permanent residence (he's a citizen, I am not) and were under the assumption that if we lived together for 2 years that was classed as two years common law and therefore would be issued PR not conditional PR, the reason being the job I want will not let me apply with any conditions on my PR (EPS for anyone curious). On a previous question i posted here I was told that its actually 3 years in total - 1 year to gain common law status and then two years living as common law - but we spoke to an immigration lawyer who said this was incorrect and its just the two years living together. And now im super confused/concerned as its not uncommon for immigration lawyers to be incorrect.

Does anyone have any insight/ experience with this?

That's correct. I believe that it's 2 years AFTER you qualify as common-law, because CIC takes the position that until that first year is complete, you are just "dating". http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp#sec02.3

 

[Aquakitty]

Is it legal for them to treat a conditional PR differently from a "normal" PR? It says on the CIC site the conditional PR has the same rights.

These sponsored spouses have access to the same rights and benefits as other permanent residents. They will be allowed to work and study without a work or study permit; they will not be subject to different tuition fees in post-secondary schools; and they will have the same access to health coverage and social benefits, including social security (or income support).


What they are doing is total BS if that is true.

 

[Rob_TO]

Heya,

So me and my boyfriend have nearly been living together for two years (together 6 months prior to moving in), we were waiting to hit the 2 year living together mark before applying for permanent residence (he's a citizen, I am not) and were under the assumption that if we lived together for 2 years that was classed as two years common law and therefore would be issued PR not conditional PR, the reason being the job I want will not let me apply with any conditions on my PR (EPS for anyone curious). On a previous question i posted here I was told that its actually 3 years in total - 1 year to gain common law status and then two years living as common law - but we spoke to an immigration lawyer who said this was incorrect and its just the two years living together. And now im super confused/concerned as its not uncommon for immigration lawyers to be incorrect.

Does anyone have any insight/ experience with this?

The lawyer is wrong. CIC states it here: http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp#sec02.3

Condition applies if the couple does not have any children in common and
has been married for two years or less;
dated for four years, but has been married for two years or less;
has been in a conjugal relationship for two years or less;
has cohabited in a common-law (Footnote 1) relationship for two years or less; or
has been in a common-law or conjugal relationship for more than two years and has been married for less than two years, and the person submitted an application as a spouse.

Footnote 1: The term “common-law partner”, as described in subsection 1(1) of the Regulations, means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.

Until you have cohabited for 12 months, you are just dating. And dating does not count in terms of conditional PR (see example CIC gives of dating for 4 years). So you are common-law starting in the 13th month, and that is when you start counting for conditional PR.
Similarly you wouldn't consider a couple who is engaged 1 year, then married 1 year, as satisfying the 2-years rule.

All that being said, we've already seen several cases where CIC has made mistakes in that people who should have gotten condition 51 don't get it... and people that shouldn't get it, end up with it on their COPR.

 

[zardoz]

Is it legal for them to treat a conditional PR differently from a "normal" PR? It says on the CIC site the conditional PR has the same rights.

These sponsored spouses have access to the same rights and benefits as other permanent residents. They will be allowed to work and study without a work or study permit; they will not be subject to different tuition fees in post-secondary schools; and they will have the same access to health coverage and social benefits, including social security (or income support).


What they are doing is total BS if that is true.

Who, exactly, are you referring to when you say "them"? And, under what circumstances? For employment, I could understand an employer requiring an expectation of longevity, which Condition 51 might preclude. For EPS, there might also be security concerns in that a person who is in contravention of the Condition 51 terms might be susceptible to blackmail or coercion.

 

[elexis969]

I'm in a PR fb group, and everyone of those are saying the first year counts as you can apply for PR in the 13 month of living together (the day you officially become classed as common law) and get conditional PR, and that people have received their PR after only living together for one year. And everyone on this one is saying the first 12 months doesn't count....so I just dont even know...i'm even more confused because both answers have logic behind them.

 

[zardoz]

I'm in a PR fb group, and everyone of those are saying the first year counts as you can apply for PR in the 13 month of living together (the day you officially become classed as common law) and get conditional PR, and that people have received their PR after only living together for one year. And everyone on this one is saying the first 12 months doesn't count....so I just dont even know...i'm even more confused because both answers have logic behind them.

You can apply in month 13 but conditional PR may be imposed.

 

[krishnalynn]

I'm in a PR fb group, and everyone of those are saying the first year counts as you can apply for PR in the 13 month of living together (the day you officially become classed as common law) and get conditional PR, and that people have received their PR after only living together for one year. And everyone on this one is saying the first 12 months doesn't count....so I just dont even know...i'm even more confused because both answers have logic behind them.

You're misunderstanding. The first 12 months you are not living together as common-law partners, just as boyfriend/girlfriend on the way to establishing your common law relationship. Once you hit the end of month 12, you are officially common law partners and can apply for residency. However, to get the conditional part of the PR removed, you will need to live together as common law partners for 2 years. You're not a common law partner until the end of year one.

If you didn't care about the conditional PR status, you only need to live together for one year. Most people don't worry about having this restriction as long as you're in a genuine relationship so it probably doesn't come up much in your Facebook group. You're in a weird situation with it since your future employer doesn't allow you to have that condition.

 

[elexis969]

Ok that makes more sense to me - I think it's clicking, best start thinking of another career for the time being.