Will we be considered common-law?

[maledil]

I have a question about applying as Common Law. My fiance is from the US. We lived together in Canada for 1.5 yrs while he went to school. He could not find a job so this past January he went back to the US. I didn't realize at the time we could apply as common law. We are engaged however we don't want to marry until we can be together permanently. So can I apply outland as common law if we've been apart for 7 months and continue to be apart? Or will they feel the 'common law' situation is invalid? I have a very good job here and have no other red flags so other than the common law issue it should be an easy application.

Also, from what I've heard, it is possible that applying as common-law can increase approval time but that typically it doesn't. Does anyone have any insight on that?

And finally a statement; I wish Canada had a fiance visa like they do in the US! I would so prefer to do it that way. Ah well it is what it is.

 

[Rob_TO]

Yes technically once you live together for 12 months to establish common-law, you would still be considered common-law even if you then need to live apart afterwards. You would just need to show the relationship was continuing during the time apart. Of course in order to have a successful application, you will need to prove the previous 12 months of cohabitation with joint lease/rent agreement, shared mail, joint account, etc etc. This may be tough if it happened a while ago.

As long as you have suitable proof, then a common-law app shouldn't take any longer time vs a married app.