Traveling home while trying to achieve 12 months being in common law r.

[Rob_TO]

Whether or not if you have a relationship at landing. If she did in fact say "no" to question "do you have a boyfriend". She lied to the agent at landing. That's misrepresentation. If she was not asked any question of the nature of relationship at landing, then she didn't lie.

The main point though, is that the question has no bearing on the PR app one way or the other. There is no legal definition of "boyfriend" to CIC, so what the immigration officer asked or how it was answered is completely irrelevant. Also I don't think the agent would write down all the questions/answers that were asked upon landing, they would only make notes of the ones that are relevant to the PR status.

 

[Cokolada]

We came here as students 2 years ago and got work permit after that. He hasn't left Canada since he has arrived 2 years ago,that is why he went back now to see his family.When he applied for PR in August at that point he hasn't been living with me,we were just bf and gf.We started living together 2 months AFTER he applied for PR,and on the PR application there is no question if you have a bf or gf or how serious your relationship is or where the relationship is going.There is only a question about common law.So according to that he hasn't done anything wrong.As ROB said we were simply dating before 1 year prior his PR application. By the time he gets it we will be, according to immigration law, defined as common law partners.I was just concerned as on the website it says "CONTINUOUSLY LIVING TOGETHER" But even married couple are allowed to travel or visit a family right,that doesn't mean that relationship stopped just because he went for a holiday right? And knowing the circumstances that we are foreigners I think it should be understandable....So I don't know what to think.I know immigration officers can be very strict and in my honest opinion I think it all depends of who we run into...

 

[zardoz]

Of course, if you are going to claim that you meet the Immigration definition of common-law before he lands as a PR, he MUST NOT attempt to land until he has added you to his application. 1) He would be committing misrepresentation and 2) He would never be able to sponsor you as a member of the family class.

 

[Rob_TO]

.I was just concerned as on the website it says "CONTINUOUSLY LIVING TOGETHER" But even married couple are allowed to travel or visit a family right,that doesn't mean that relationship stopped just because he went for a holiday right? And knowing the circumstances that we are foreigners I think it should be understandable....So I don't know what to think.I know immigration officers can be very strict and in my honest opinion I think it all depends of who we run into...

What if the holiday was 2 months? 6 months? The 12 months is a legal definition you must meet, and it doesn't depend at all on the reason for trips, or if you are foreigners. There is a point that no matter what the reason is for the temporary separation, it legally breaks the 12-months of continuous cohabitation. As mentioned, there have been previous cases where common-law has been denied for a separation of around 1 month. The common consensus by most people is that all trips should be limited to 3 weeks or less, as anything more and you are giving the VO too much of a reason to disqualify you. Unfortunately you are right in that the decision really depends on the feelings of the particular VO that gets assigned to your file.

Of course in the end the decision is up to you. Just be aware of the big red flag here though.

 

[screech339]

We came here as students 2 years ago and got work permit after that. He hasn't left Canada since he has arrived 2 years ago,that is why he went back now to see his family.When he applied for PR in August at that point he hasn't been living with me,we were just bf and gf.We started living together 2 months AFTER he applied for PR,and on the PR application there is no question if you have a bf or gf or how serious your relationship is or where the relationship is going.There is only a question about common law.So according to that he hasn't done anything wrong.As ROB said we were simply dating before 1 year prior his PR application. By the time he gets it we will be, according to immigration law, defined as common law partners.I was just concerned as on the website it says "CONTINUOUSLY LIVING TOGETHER" But even married couple are allowed to travel or visit a family right,that doesn't mean that relationship stopped just because he went for a holiday right? And knowing the circumstances that we are foreigners I think it should be understandable....So I don't know what to think.I know immigration officers can be very strict and in my honest opinion I think it all depends of who we run into...

You can't compare those who are married to those trying to get 12 months continuously. Being married and common law are two completely difference scenarios. You are comparing apples to oranges here. The difference is one is a verified relationship (marriage certificate), the other not verified (no marriage certificate, relationship can end at any given moment) as one could easily be separated for a month and still try to claim common law. This is why common law applications are put more under the microscope.

You can always take the next step and get married. This would eliminate the 12 month living together requirement. You can apply for sponsorship the very next day. If you don't want to do that just yet, then wait 12 months living continuously together like every other common law applicants have to go through.

 

[Cokolada]

Also can you please tell me what happens in case they reject our application? I have heard there is no appeal for it...and in case they reject me would I have to go home or can stay and we can reapply ?

Thank you!

 

[screech339]

Also can you please tell me what happens in case they reject our application? I have heard there is no appeal for it...and in case they reject me would I have to go home or can stay and we can reapply ?

Thank you!

If in the event they gave a negative decision. You can reapply but this time outland. As for being able to stay, it depends on your visa. If you gotten a negative decision and you are on implied status, you would have to leave immediately. If you received negative decision during your valid stay, in other words, you extended your visa stay, then you can stay only until your last day in Canada. You can apply again outland but I think due to getting a negative decision, CIC may not grant you an extension on your visit while you wait outland the second time.

Screech339