common-law with breaks?

[juliankatie]

Hello, I have scoured this forum for an answer and I am having no luck.  I know our case, like everyone elses is unique so please let me know if you can answer any of the questions for me!

1. My boyfriend (from Argentina) and I (Canadian Citizen) would like to apply as either common-law or conjugal. Unfortunately we do not have 12 consecutive months living together due to the nature of our work. We both work in tourism and have worked abroad and traveled throughout our relationship.  Would it be possible to apply as common-law and state our separations as "temporary business trips"? Even if they are up to 3mths in length?  We have the following information working towards common-law:

7 consecutive mths living together
3 mths apart (working in two separate countries temporarily)
2 consecutive mths living together
1 mth apart
4 consecutive mths living together
currently apart (I'm taking a course and his visa ran out)

It seems like every time we have a gap in our time together it "resets" our 12mth common-law opportunity right?!

2. Otherwise we were planning on applying as conjugal.  He was working in Canada on a temporary work permit for the summer but this expired due to the seasonal nature of the work.  He attempted to get a new temporary work permit to stay for the winter in Canada but the LMO was not approved.  I have work and school keeping me in Canada but I could join him temporarily as a visitor.  Is this sufficient "immigration barriers" for us to apply as conjugal?  Any temporary visitor visa for him in Canada will only be a maximum of 6mths so it is quite a challenge for us to live together continuously for 12 months in Canada.

Any direction would be welcome... this is so exhausting!

THANK-YOU!

Kate

[rjessome]

Have you considered getting married?  Just a question.  He could apply for a change of conditions to his work visa to make it a visitor's visa.  If approved, he can also apply to extend it when it is close to expiring. You also have the option of applying inland (after you complete 12 consecutive months of living together) if he chooses to change to a visitor and then IF you receive Approval In Principle at around the 5 to 6 month mark, he can then apply for an open work permit.  Conjugal is a difficult category so expect bumps in the road.  Consecutive means just that and there aren't exceptions.  IMHO, the breaks you described are too long for you to be considered common-law at this point.

[juliankatie]

Have you considered getting married?  Just a question.  He could apply for a change of conditions to his work visa to make it a visitor's visa.  If approved, he can also apply to extend it when it is close to expiring. You also have the option of applying inland (after you complete 12 consecutive months of living together) if he chooses to change to a visitor and then IF you receive Approval In Principle at around the 5 to 6 month mark, he can then apply for an open work permit.  Conjugal is a difficult category so expect bumps in the road.  Consecutive means just that and there aren't exceptions.  IMHO, the breaks you described are too long for you to be considered common-law at this point.

Thanks for your feedback - I was pretty sure those breaks would be considered too long for common-law.  Do you think the fact that we have so many short periods living together with breaks in between helps or impedes our case for conjugal?  Some periods were in Canada and others in Argentina.  The time he spent in Canada was under at first a student visa, and then a temporary work visa.  Thanks again!

[juliankatie]

Oh and my other question is about the fees. If we apply as conjugal and get rejected, will we lose our entire fee of $550?  Also - would that cause problems for us if we were able to eventually qualify for common-law and applied again in that category?

[rjessome]

The application fee of $550 is gone as soon as you apply.

Are you sure you want to go the conjugal route?  There is no immigration barrier to marriage for the two of you.  For a heterosexual couple who have lived in each other's countries, that one is going to be extremely difficult.  Now if you manage to attain the 12 consecutive months living together during the application process, the VO probably will take that into consideration and it "could" strengthen your application.  Think long and hard about going the conjugal route.  I would even consider getting some legal advice before proceeding if you are set on a conjugal application.

[saralune]

Honestly if you want to go the common-law way, try to aske a lawyer. They would know that best....

as stated before do not go the coujugal route.. there is no immigration barriersbetween the two of you ... work and school is not a good enought reason for them...

basically get married !