are we common-law

[1nth3m00d4f00d]

my sponsor and I lived together from 1st may 2013 - 30 april 2013. we are applying under common-law. the way I see it is that we spent 365 days living and cohabiting together and so we are common-law, and we also had the staturoy declaration of common-law form signed by a commisioner of oaths to confirm those dates and that we swore under oath that we are common law. Will CIC consider us common law? some people have said that maybe we are a day short 1st may 2013 -1st may 2014 being 1 year. I really hope cic wont deny us on this technicality.
any senior members opinions are greatly appreciated

 

[Rob_TO]

That's a tough one. My first instinct is to say you're short by 1 day, but really i'm not 100% sure. You should have just spent the 1 extra day together to be certain.

If you use a simple date calculator from internet (i.e. http://www.timeanddate.com/date/duration.html ) then your dates show 365 days of duration, so perhaps it's ok.

Unfortunately the statutory declaration is not really useful here, as the definition of common-law is fact based depending on actual dates of cohabitation. So really in the end it will come down to the visa officer reviewing the file. They are the only decision that matters.

 

[scylla]

I agree with Rob_TO. You should be fine. But ultimately it will be up to the visa officer to decide.

I don't think it's possible for any of us here to give you a definitive answer.

Good luck!

 

[little_apple]

We applied on April 20, 2013 after moving in on April 20, 2012. Exactly after 12 months and I was so afraid the whole time that it wouldn't be enough. But I was approved. Your case is even more difficult.

Are you still living together and have proof for it? Then instead of waiting several month to maybe get rejected you could withdraw the application and apply again just to make sure it's over 12 months living together.

Really a tough situation

 

[1nth3m00d4f00d]

I was in canada on a working holiday which was a one year visa. I arrived on May 1st and my visa said i had to exit on 30th april. so now im in new zealand and my girlfriend is still in Canada. We lived together from may 1st right up until april 30th and had no breaks between. I have letters from my landlord and multiple people in nz and canada to confirm this, and we are in an ongoing relationship. I havent applied yet, but im just in the process of gathering everything together to send my application in. I had to leave april 30th and could not legally stay in canada till may 1st and also financially couldnt afford to stay on a visitors visa and buy a one way ticket back to nz later.
Im crossing my fingers that the visa officer will see this as 1 year because we were only shy technically by a few hours...

 

[1nth3m00d4f00d]

i would see this as living together 365 days counting the day i arrived and the day i departed... do u think the VO would be that strict on being shy a few hours?

 

[scylla]

i would see this as living together 365 days counting the day i arrived and the day i departed... do u think the VO would be that strict on being shy a few hours?

It's possible a VO could be that strict since the definition for common law is a minimum of one full year cohabitation (i.e. close doesn't count). Again, none of us can tell you for certain. You'll have to see what happens when your application is processed.

 

[wowsers]

Since your girlfriend is still in Canada it might be worth her while to go to a Law Library and see whether Canada has an Interpretation Act (I suspect it does) and if so whether there is anything in it which might solve the question. Since I am retired I no longer have any law books but I have a very vague recollection that in the UK Interpretation Act there is something about days starting and finishing at midnight. I suspect that is the reason why UK tax years run from 6th April to 5th April in successive years. Personally my guess would be that 1st May one year to 1st May the next is by virtue of the Act one year and a day, not one year and if Canadian law is the same I suspect that you will squeeze through!

 

[truesmile]

Interestingly, upon reading the first half of 'wowsers' post, I was leaning towards you being short a day (a different conclusion than him (her). If you were to sit down and actually count the days (May 1 to May 2 = 1 day, May 1 to May 3 = 2 days, etc, etc) all the way to April 30th of the following year, you will end up at 364 days. May 1st is actually your "zero day", NOT day one.

 

[Ponga]

Actually...it does total 365 days, not 364.

If a person starts a job on a Monday and works through Friday, they have worked 5 days, right?

It's a shame that the OP couldn't have stayed one more day in Canada, but...perhaps this will work to his favor if he's questioned about it.
Saying "I left Canada when my authorized visit was up, so that I did not break the rules..." may earn him some points with the visa officer.
Maybe????

 

[Rob_TO]

I had to leave april 30th and could not legally stay in canada till may 1st

What you could have done, was to snail-mail in a request to turn your working holiday visa into a visitor visa. If this was sent close to the end of your stay, then you probably wouldn't have received a response from CIC until after April 30th. But while waiting for the response you would have been under "implied" visitor status so could have legally stayed the extra day to be absolutely sure of the common-law dates.
Unfortunately this is all in hindsight for you... but would be good to do for anyone else in a similar situation.

 

[1nth3m00d4f00d]

Just wanting to let ya's know that my application was successful - and quick - only 2 months after submission to sydney! Will be entering Canada before June 5.

Cheers for the help and good luck to all. 8)

 

[ashia]

that is a good story!