Two Questions about Sponsoring Common-Law From Outside Canada

[herakles123]

Hi all,

I have been living together with my partner since March 1st 2021. I am going to apply for common-law sponsorship in March 2022. My question is about absences. During this period we travelled together for two short trips (5 days each). For Christmas time, we are going to spend 1 week together first, then I am going to see my family, she is going to see her family. Our families are in different countries. Time each of us are going to spend with our families is 3 weeks. Just one more trip until March 2022, I have to attend a conference in US for 3 days (which definitely qualifies as a business trip). Does all of this create problem in establishing common-law relationship?

Second question: in CIC checklist, it says have you established your common-law relationship in places such as employment insurance? If I let CRA know that we became common-law on 1 March 2022, is that ok? CRA clearly states only absence of 90 days maximum is allowed.

Thanks in advance

 

[scylla]

Hi all,

I have been living together with my partner since March 1st 2021. I am going to apply for common-law sponsorship in March 2022. My question is about absences. During this period we travelled together for two short trips (5 days each). For Christmas time, we are going to spend 1 week together first, then I am going to see my family, she is going to see her family. Our families are in different countries. Time each of us are going to spend with our families is 3 weeks. Just one more trip until March 2022, I have to attend a conference in US for 3 days (which definitely qualifies as a business trip). Does all of this create problem in establishing common-law relationship?

Second question: in CIC checklist, it says have you established your common-law relationship in places such as employment insurance? If I let CRA know that we became common-law on 1 March 2022, is that ok? CRA clearly states only absence of 90 days maximum is allowed.

Thanks in advance

These absences won't be a problem. They are short and will not represent a break in continuous cohabitation.

Yes, your CRA plan is good.

 

[herakles123]

These absences won't be a problem. They are short and will not represent a break in continuous cohabitation.

Yes, your CRA plan is good.

Thank you so much. In CRA, they clearly state that absence up to 90 days is allowed. However, in CIC, there is no clear definition of allowed absence for common-law status.

 

[scylla]

Thank you so much. In CRA, they clearly state that absence up to 90 days is allowed. However, in CIC, there is no clear definition of allowed absence for common-law status.

Sorry - I just re-read your email. I think I misunderstood something. Are you just spending a few days apart or a full 3 weeks? If 3 weeks, then you are risking your application and IRCC may say you are not common law. If a few days, then you are absolutely fine. Based on experiences here, breaks of 3 weeks or more are typically interpreted as a break in continuous cohabitation by IRCC.

 

[herakles123]

Sorry - I just re-read your email. I think I misunderstood something. Are you just spending a few days apart or a full 3 weeks? If 3 weeks, then you are risking your application and IRCC may say you are not common law. If a few days, then you are absolutely fine. Based on experiences here, breaks of 3 weeks or more are typically interpreted as a break in continuous cohabitation by IRCC.

She has not seen her family for 2 years because of covid. I guess that qualifies as family obligation. Also, the situation is a bit more complicated. That's why I felt the need to ask here from people with similar experiences. During those 3 weeks, I am going to go and visit her with her family for a few days. Also, she is going to come to where my family is and we are going to come back to Canada together. We were planning to do official marriage around these days. However, it looks like we can do that in summer. In worst case, they will reject common-law application and I can contest. If contesting does not work, I can apply after we have a marriage certificate.

 

[scylla]

She has not seen her family for 2 years because of covid. I guess that qualifies as family obligation. Also, the situation is a bit more complicated. That's why I felt the need to ask here from people with similar experiences. During those 3 weeks, I am going to go and visit her with her family for a few days. Also, she is going to come to where my family is and we are going to come back to Canada together. We were planning to do official marriage around these days. However, it looks like we can do that in summer. In worst case, they will reject common-law application and I can contest. If contesting does not work, I can apply after we have a marriage certificate.

Sure - you can do that.

However my recommendation would be not to appeal if common law is refused but to reapply as married. Appealing is expensive and takes a long time.

 

[herakles123]

Sure - you can do that.

However my recommendation would be not to appeal if common law is refused but to reapply as married. Appealing is expensive and takes a long time.

Thank you so much for sharing your experiences. I guess I need to apply for common-law sponsorship and then see what happens. Do they reject it immediately or ask you to explain first about why you made that trip? I would love to hear similar experiences here.

 

[armoured]

Also, the situation is a bit more complicated.
...
We were planning to do official marriage around these days. However, it looks like we can do that in summer. In worst case, they will reject common-law application and I can contest. If contesting does not work, I can apply after we have a marriage certificate.

If you are planning to get married fairly soon or near the date you will become common-law, you seriously might consider getting married and applying immediately after (as soon as you have the marriage certificate etc).

Not that there's anything wrong with applying as common law - but the 'test' for common law (demonstrating cohabitation and joint household etc) is a specific one, in which minor errors or gaps in timeline or documentation can (and sometimes do) cause rejections. (We saw one here where common law was questioned because one day short, i.e. an error in understanding of how annual dates work)

In contrast, applying as married - there is one simple legal test (valid marriage/certificate or not), and the genuine relationship test is greatly assisted by all the cohabitation evidence. What can be an edge case for common law (eg lived together the bare minimum to meet the one year minimum) is a simple case when married.

Given how long refusals and re-applying or appealing take, it's a fairly stark difference if a problem should come up.

In other words - if you're worried about this stuff, delaying applying for a month or three so you can apply as married can make a bid difference.

Just one opinion, your decision, etc.

 

[scylla]

Thank you so much for sharing your experiences. I guess I need to apply for common-law sponsorship and then see what happens. Do they reject it immediately or ask you to explain first about why you made that trip? I would love to hear similar experiences here.

No, they won't reject it immediately. IF they have an issue with the length of the absence then you can expect this to be raised towards the end of the application processing period. You would then receive a letter about their concerns and have a chance to respond. Further processing will then follow before they make a decision.

Again, that's if there's an issue. There may not be.

 

[herakles123]

No, they won't reject it immediately. IF they have an issue with the length of the absence then you can expect this to be raised towards the end of the application processing period. You would then receive a letter about their concerns and have a chance to respond. Further processing will then follow before they make a decision.

Again, that's if there's an issue. There may not be.

Thank you so much. Another thing I need advice for when I apply:

Should I put nothing about this trip and only explain if they ask?

Should I explain everything in advance when I apply and show them the proof that our relationship is ongoing by showing them texts, showing them that we went to visit her family in her country, showing them that she came to my country before we left to come to Canada back?