Soon to be divorced - when to apply for common law PR

[costaudjoe]

Here's my story:

I have been separated for more than 3 years.  During those three years, I met, dated, and lived with a South Korean.  She has only ever had tourist status in Canada.  Each of the three years, we lived together for the sixth months that she stayed here and then returned to Seoul.  During the other six months I would visit her during my vacations about a month. We have had an ongoing relationship during those three years (through text messages, emails, chats, phonecalls, etc.).  We decided it was best to apply for permanent residence for her so we can live together.  I started divorce proceedings with my ex and have just finished mediation. We are on the verge of signing the draft agreement.  I am willing to pay the extra costs to fasttrack the divorce (as opposed to wait for it work its way through the system, which in Quebec is apparently around 9 months). Hopefully, the divorce will be finalized mid-December.  We are currently living together and she will be going back mid January (and I will visit her again before summer).

I have three questions: 
1. Even though we haven't lived together for 12 consecutive months, do we qualify for common-law?
2. If yes, when could we apply for to get PR?
3. Any special considerations for Quebec?

Thanks for any light you can shed on the subject!

[Stumpedmom]

1.) No, you have to live together for at least 12 months in a row in order to qualify for common law.
2.) do not qualify as you have not lived together for at least 12 months
3.) You have to apply for and get approved for a CSQ which is approval by the Quebec government for your girlfriend.

Once your divorce is final, if you plan on marrying this girl, you can apply for her once the marriage is done.  If you read the first post that is pinned in this forum, it will guide you through the different options that you have....

[costaudjoe]

And conjugal partner?

[newlife23]

Short separation are alright. You have to proof that your relationship is still ongoing and then put in applications after 12 months or more being together.

[costaudjoe]

Is 5 months a year considered to be short?  She couldn't legally stay longer in Canada than 6 months and I couldnt leave my job for more than a month...

I hope there is a way, marriage at this point makes me a little gunshy...

[CharlieD10]

No, 5 months separation out of the year would be considered too long.

[costaudjoe]

Egads, could we qualify as conjugal partners?

[canadianwoman]

Conjugal is hard to prove, and you are supposed to have some reason why you can't live together for 12 months or get married. So you might be able to get accepted thru conjugal, but I would suggest either getting married or living for 12 months together instead.
She can stay in Canada for 6 months without a visa, but she can also apply to extend this stay. Many people have stayed as a visitor in Canada for 12 months to qualify as common law. Or she could stay 6 months, leave for a week or two, and come back for another 6 months. As your relationship is now, the 5 months or so you are apart is too long to be considered common-law.

[costaudjoe]

Thank you very much for your clear explanations.  I will have to weigh our options carefully.  Going the marriage route is bit nervewracking given I am fresh out of a complicated divorce. 

She is planning to go back in January to see her family.  I am thinking of convincing her to stay until, which would be just over 11 months.  Would this be enough meat for a case for common law?

[canadianwoman]

It has to be 12 months.

[costaudjoe]

Hmmmmm, one more question: does it matter if part of those 12 months were when I was separated and some were when I was divorced?

Thanks for your time and patience!

[chelley]

No, you can apply common-law before you are divorced if need be and you meet the requirements of it...

[costaudjoe]

As I weigh my options, I am wondering if we were to do a civil marriage at city hall in Montreal, what is the type of support that is expected to show it is genuine?  I ask because my family is in Western Canada and her family is in Seoul.  Will a simple marriage certificate with little fanfare (given the absence of family members) raise any red flags?

[canuck0469]

costa, sounds like you have sufficient proof of continued relationship. To apply for conjugal you have to show reasons you cannot live together and as you can go live with her this will be a problem. A job usually isn't a good reason. Many have been accepted with only a civil marriage but had to show good reasons that family did not attend. Having to travel overseas with visa issues is a strong reason but travelling across the country is a different story and will need expaination. As you mentioned, she could stay for a complete 12 months and apply as common-law
Good luck

[canadianwoman]

As I weigh my options, I am wondering if we were to do a civil marriage at city hall in Montreal, what is the type of support that is expected to show it is genuine?  I ask because my family is in Western Canada and her family is in Seoul.  Will a simple marriage certificate with little fanfare (given the absence of family members) raise any red flags?

You aleady have a lot of evidence the relationship is genuine, so the actual marriage ceremony will be less important. However, if you do get married, make it easy on yourself and do it right (from the visa officer's perspective). No family and friends there is OK, but not ideal. Their having to travel a long way is an OK excuse. People have been accepted with only a civil ceremony. But you should definitely try to make the ceremony look special. Many VOs have questioned marriage ceremonies because the couple wasn't dressed up or it didn't seem 'meaningful' to them. But a civil marriage at city hall with only a few witnesses can still look special: get dressed up, have flowers, a ring, take lots of photos, go out for dinner with the witnesses afterward, etc. Go on a honeymoon. A small engagement party, if that is normal in your family and /or hers, is good too.
You can also get letters from family stating they wanted to attend the marriage ceremony, but couldn't. If they then send you a gift, you can use that as proof your wedding was genuine, and known to your family.