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Separation while working towards common law

kurio1990

Newbie
May 6, 2024
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I can't seem to find a definitive answer on how long we can be separated while working towards common law. I have to return to the US shortly, but we don't know how long we can be apart before the time we already have together gets voided.

Is there anywhere we can look this up?
 

Ponga

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Oct 22, 2013
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I can't seem to find a definitive answer on how long we can be separated while working towards common law. I have to return to the US shortly, but we don't know how long we can be apart before the time we already have together gets voided.

Is there anywhere we can look this up?
Try this:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html

The PROBLEM...is the passive language:
While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short.

So, what defines `from time to time' and `temporary and short'?!

What is your current plan? How long do you plan to be apart between visits?
 
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kurio1990

Newbie
May 6, 2024
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Right now it would be for 2 weeks.

Everything I've seen is for already established common law, not for people just starting it and working towards it.
 

Ponga

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Oct 22, 2013
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Right now it would be for 2 weeks.

Everything I've seen is for already established common law, not for people just starting it and working towards it.
You said in your post that you were "working towards common law". How long have you lived together without interruption?

If you're saying that you plan to leave Canada for no more than two weeks, it would seem reasonable to deduce that as a temporary and short separation. Especially if you return to your shared home.
 
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Naturgrl

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Apr 5, 2020
40,656
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When I leave at the end of this month we will have only been together for 3 and a half months
For common law you need to live together continuously for 12 months. So a two week separation may or may not be allowed if you have only been tougher 3.5 months. Make sure you share rental agreements, untitilities, bank accounts, insurance policies etc. no.
 

armoured

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Feb 1, 2015
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I have no choice but to go back to the states. I have legal matters I need to attend to
A couple of weeks won't be an issue. And don't call it a separation, it's just a personal trip.

If you find this challenging in terms of the common law requirements - marriage is permitted.
 
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kurio1990

Newbie
May 6, 2024
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We didn't want to rush a marriage. We would rather do it in our own time, but from what I've been hearing and seeing it seems to be the easier course of action
 

Ponga

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Oct 22, 2013
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[Grabs a big tub of popcorn and settles in to watch the show]!:)

Some will share that the `easier' course of action is open or debate.
 
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Edmegbc

Star Member
Oct 11, 2023
95
23
We didn't want to rush a marriage. We would rather do it in our own time, but from what I've been hearing and seeing it seems to be the easier course of action

for marriages under 2 years you need to provide as much of a connection and a relationship history than if you were living together for 1 year. Just establish your common law relattionship on paper - strongly- joint bank accounts, name on a lease or very detailed reciepts or acknowledgement of paying rent, re route your mail, sign up to a local gym as a couple, EVERYTHING you can do to prove you are living in the property together. no one can tell you how an agent will scrutinise your application, just provide a compelling reason you needed to travel. If you have legal issues to attend to then that would probably (but no one can really tell you 100%) be acceptable to an agent.
 

armoured

VIP Member
Feb 1, 2015
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We didn't want to rush a marriage. We would rather do it in our own time, but from what I've been hearing and seeing it seems to be the easier course of action
It's up to you.

for marriages under 2 years you need to provide as much of a connection and a relationship history than if you were living together for 1 year.
This is not true. Demosntrating common law is ALWAYS an additional requirement, because it is a yes or no legal test that must be met - and in addition, a subjective one, as opposed to the more objective legal question for a married couple, is the marriage legally valid and recognized or not?

Like for like, the married couple application vs common law is ALWAYS an easier one, as the relationship info has to be there in both cases. Legally valid marriage plus relationship info > common law plus relationship info.

For some cases the married vs common law differential may be very small - eg a couple living together for ten years or more with children will be an easy common law application in this respect - but the married one is not difficult to evaluate either.

Just establish your common law relattionship on paper - strongly- joint bank accounts, name on a lease or very detailed reciepts or acknowledgement of paying rent, re route your mail, sign up to a local gym as a couple, EVERYTHING you can do to prove you are living in the property together.
A couple that does the above AND presents a legally valid marriage will still be easier to evaluate/less likely to have issues. And more than likely sufficient well before the 12 months of cohabitation is complete. (Indeed I'd say applying right at 12 months is going to get additional scrutiny for being on-the-edge, but dependent on whether any other red flags).

Or as applies to OP here: if they got married relatively soon, give it 2-3 months for marriage certificate and collection of docs, and document as well as you've suggested - that's six months or so of cohabitation plus legally valid marriage - it would be a fairly straightforward application. [Granted, somewhat contingent on other factors I don't know about]

With AOR and OWP, the principal applicant would likely be legally working in Canada 3-9 months earlier than under common law, and possibly before the common law application could even be submitted - a consideration for those with budget constraints (most of us).