Common Law Sponsorship and not living together

[potatotoman]

My common-law partner and I are going through a rough patch. We have decided to live apart for a while. My sponsorship application is at a point where I am being asked to complete a medical.

Can I still continue my application to be sponsored? Has anyone been through anything similar?

 

[nkoff]

My common-law partner and I are going through a rough patch. We have decided to live apart for a while. My sponsorship application is at a point where I am being asked to complete a medical.

Can I still continue my application to be sponsored? Has anyone been through anything similar?

if at any point ircc finds out you're not living together, they'll deem you ineligible to be sponsored. even if that comes up at the landing interview, the officer will immediately deny the pr application, even though the application will have been approved by cpc mississauga. furthermore, if you and the sponsor decide to "screw the system" and not tell anyone that you're not living together, if the truth gets reported to ircc after you get your pr, they would rescind it. i'm not trying to scare you, just outlining the worst case scenario. if you guys get back together in a couple of weeks, then there's no need to worry.

 

[potatotoman]

if at any point ircc finds out you're not living together, they'll deem you ineligible to be sponsored. even if that comes up at the landing interview, the officer will immediately deny the pr application, even though the application will have been approved by cpc mississauga. furthermore, if you and the sponsor decide to "screw the system" and not tell anyone that you're not living together, if the truth gets reported to ircc after you get your pr, they would rescind it. i'm not trying to scare you, just outlining the worst case scenario. if you guys get back together in a couple of weeks, then there's no need to worry.

Thank you for the reply. So if we live apart for some time but are living together again by the time of interview they would refuse the application (provided I told them of course - I'm not intending to risk screwing any system). I really regret not going the express entry route at this point - I'd likely have PR by now and it'd be a stress removed from our relationship!

 

[nkoff]

Thank you for the reply. So if we live apart for some time but are living together again by the time of interview they would refuse the application (provided I told them of course - I'm not intending to risk screwing any system). I really regret not going the express entry route at this point - I'd likely have PR by now and it'd be a stress removed from our relationship!

how long do you think you'll be apart? look at the link i'm gonna post at the end of the message. technically, since your partner left for a reason other than family or work obligations, the application can be denied. however, i'm not sure if those requirements only apply to the first year living together (the year that establishes your common-law status) or to the time the application i being processed. i'm inclined to believe the latter. i know for sure, the officer that conducts your landing interview (which, by the way, must be attended by the sponsor as well) will ask if you're living together. here's the link:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14

 

[Rob_TO]

My common-law partner and I are going through a rough patch. We have decided to live apart for a while. My sponsorship application is at a point where I am being asked to complete a medical.

Can I still continue my application to be sponsored? Has anyone been through anything similar?

Did you apply inland or outland?

So you are saying you're still a couple, but now just want to live apart so don't consider yourselves as separated? Where will the other person live, will they get their own residence?
Will either of you date other people during this time apart?

 

[potatotoman]

how long do you think you'll be apart? look at the link i'm gonna post at the end of the message. technically, since your partner left for a reason other than family or work obligations, the application can be denied. however, i'm not sure if those requirements only apply to the first year living together (the year that establishes your common-law status) or to the time the application i being processed. i'm inclined to believe the latter. i know for sure, the officer that conducts your landing interview (which, by the way, must be attended by the sponsor as well) will ask if you're living together. here's the link:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14

Thanks for the link. Makes sense.

It is unknown at this point how long we will be apart. My partner is adamant that we make things work but I am unsure. We are applying inland and she is Canadian. I need to make a decision now whether or not to go ahead with my medical.

I am applying inland - I know there is some kinda of interview but would it be a landing interview?

 

[potatotoman]

Did you apply inland or outland?

So you are saying you're still a couple, but now just want to live apart so don't consider yourselves as separated? Where will the other person live, will they get their own residence?
Will either of you date other people during this time apart?

To be honest I kind of consider us separated right now but I have not fully committed to a break up. My partner does not want it to end and is adamant we should make the relationship work. She has moved to a mutual friend who has a spare room to give me space. I will not date anyone else unless I know for sure I want to break up. She will not either.

I am wondering if I decide not to break up and we work things out and resume living together, would this still mean my application needs to be withdrawn because we spent time apart for a while.

 

[Rob_TO]

To be honest I kind of consider us separated right now but I have not fully committed to a break up. My partner does not want it to end and is adamant we should make the relationship work. She has moved to a mutual friend who has a spare room to give me space. I will not date anyone else unless I know for sure I want to break up. She will not either.

I am wondering if I decide not to break up and we work things out and resume living together, would this still mean my application needs to be withdrawn because we spent time apart for a while.

If you get back together and never mention it to IRCC, then it will be like it never happened so probably wouldn't be an issue.

HOWEVER there are 2 big areas that could be of concern.
1. It's a basic requirement of an inland app, that sponsor and applicant are cohabiting inside Canada for duration of processing. This is true even if you're a married couple, 1 person can't live in another city for work purposes even while the app is in process. Cohabitation is mandatory. So if IRCC at any time learns you are no longer living together, this alone is grounds to refuse your app. Though realistically they won't learn you aren't curenlty sharing the same home unless someone tells them, or possibly if she starts changing all her address info on government forms.

2. In order to become a PR after app is approved, BOTH of you must attend the landing interview. At this point the visa officer will confirm you're cohabiting and that you're still a couple. If you aren't cohabiting at this time (so still on your break) then the visa officer will deny your landing and basically cancel the app at this point. Also your partner may at some point seriously question their financial responsibility in sponsoring you, and at some point want to withdraw the app (which you have no control over).

It's really up to the 2 of you how you want to proceed here.

 

[nkoff]

Thanks for the link. Makes sense.

It is unknown at this point how long we will be apart. My partner is adamant that we make things work but I am unsure. We are applying inland and she is Canadian. I need to make a decision now whether or not to go ahead with my medical.

I am applying inland - I know there is some kinda of interview but would it be a landing interview?

If you get back together and never mention it to IRCC, then it will be like it never happened so probably wouldn't be an issue.

HOWEVER there are 2 big areas that could be of concern.
1. It's a basic requirement of an inland app, that sponsor and applicant are cohabiting inside Canada for duration of processing. This is true even if you're a married couple, 1 person can't live in another city for work purposes even while the app is in process. Cohabitation is mandatory. So if IRCC at any time learns you are no longer living together, this alone is grounds to refuse your app. Though realistically they won't learn you aren't curenlty sharing the same home unless someone tells them, or possibly if she starts changing all her address info on government forms.

2. In order to become a PR after app is approved, BOTH of you must attend the landing interview. At this point the visa officer will confirm you're cohabiting and that you're still a couple. If you aren't cohabiting at this time (so still on your break) then the visa officer will deny your landing and basically cancel the app at this point. Also your partner may at some point seriously question their financial responsibility in sponsoring you, and at some point want to withdraw the app.

to summarize everything: it all depends on how badly you want to complete the application. if you get back together with the sponsor before the landing interview and don't mention anything to anyone, it'll be fine. if you think breakup is the most likely scenario and you have a valid status to stay in Canada and apply under express entry, then i'd say that's the way to go.