Co-Habitation / Common Law Partner question

[expatinqc]

Hey all.

My situation: American in decade + relationship with Quebeqoise. Previously living in border state so commuting between QC and my home is relatively easy. Given my job there was not the ability to live together until COVID.

Both our names are on our lease and we have lived together for over a year. I have never over stayed 6 months and every few months had to go back to my state for various appointments on trips lasting a couple of days to 2 weeks. During COVID I was granted a compassionate family reunification by IRCC to cross the border during COVID as well.

I am still trying to untangle where to start on my PR applications under Sponsorship. But I want to know Can I qualify for Common Law Partnership?There seems to be a gray area over co habitation for a year and how you go about that. Over the years border patrol is happy to tell me you can't illegal live in Canada while also telling me that I (myself) am definitely living with my partner.

Thanks for any guidance you can provide.

**Moved from immigration sub thread

 

[expatinqc]

Anyone?

 

[DimT44]

Hey all.

My situation: American in decade + relationship with Quebeqoise. Previously living in border state so commuting between QC and my home is relatively easy. Given my job there was not the ability to live together until COVID.

Both our names are on our lease and we have lived together for over a year. I have never over stayed 6 months and every few months had to go back to my state for various appointments on trips lasting a couple of days to 2 weeks. During COVID I was granted a compassionate family reunification by IRCC to cross the border during COVID as well.

I am still trying to untangle where to start on my PR applications under Sponsorship. But I want to know Can I qualify for Common Law Partnership?There seems to be a gray area over co habitation for a year and how you go about that. Over the years border patrol is happy to tell me you can't illegal live in Canada while also telling me that I (myself) am definitely living with my partner.

Thanks for any guidance you can provide.

**Moved from immigration sub thread

It sounds like you qualify. To double check, on what date has your cohabitation started? Check this definition by IRCC for more details.

What is cohabitation?
Cohabitation means living together. Two people who are cohabiting have combined their affairs and set up their household together in one dwelling. To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year. The continuous nature of the cohabitation is a universal understanding based on case law.

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.

 

[canuck78]

Hey all.

My situation: American in decade + relationship with Quebeqoise. Previously living in border state so commuting between QC and my home is relatively easy. Given my job there was not the ability to live together until COVID.

Both our names are on our lease and we have lived together for over a year. I have never over stayed 6 months and every few months had to go back to my state for various appointments on trips lasting a couple of days to 2 weeks. During COVID I was granted a compassionate family reunification by IRCC to cross the border during COVID as well.

I am still trying to untangle where to start on my PR applications under Sponsorship. But I want to know Can I qualify for Common Law Partnership?There seems to be a gray area over co habitation for a year and how you go about that. Over the years border patrol is happy to tell me you can't illegal live in Canada while also telling me that I (myself) am definitely living with my partner.

Thanks for any guidance you can provide.

**Moved from immigration sub thread

Really depends on how much time you spent out of Canada. Assume your employer has no customers, clients or offices in Canada or else you couldn’t work from Canada.

 

[armoured]

Is there a reason you cannot get married? That would remove all the doubts.

Do you maintain a residence in the USA? Are you on other types of supporting documents, bills, bank, insurance, car, stuff like that?

And you say "lived together over a year" - how much more than a year? You're going to get less scrutiny if it's several years; two days over a year - less so.

That said, likely does come down to how much time out of Canada as long as you can show more than a year.

 

[expatinqc]

Thank you for all the help to everyone who responded. I know each of these situations can be complicated. To clear some points up.

We haven't gotten married yet because well ... I have dragged my heels on asking that question lol but we are a permanent couple none the less.

My job for the past decade has been a professional athlete so living here permanently was never an option as I was off the continent or out of the country 2/3 of the year.

I have a "family" residence in a border state that is 3.5 hours away from our apartment in Quebec City. My mother lives there and my health care is still in the USA. So I travel home for a couple days every couple weeks or months usually. I am officially in transition looking for a new career the past year and with COVID affecting life the past two years I have left Canada very little. I did have to get a family reunification approval to come back here during the beg. of COVID. Both of our names have been on the lease for our apartment for almost a full 2 years.

My biggest issue is that the border agents who's job obviously isn't to help me immigrate - and are not always knowledgable on the rules given that seems exclusive to certain officers - always remind me living here without residency is illegal. And yet sometimes they acknowledge I am living here and working on residency. I have never applied for an extension to stay here beyond 6 months however because going back to my state for a weekend has been easy. I know over two years of being on a lease together I have had to travel back to my state for a couple weeks to two months in total. I get packages here and mail here in QC and we absolutely live together however.

 

[armoured]

We haven't gotten married yet because well ... I have dragged my heels on asking that question lol but we are a permanent couple none the less.

Look, it is up to you and your partner and your timeframes (eg tolerance for waiting). But if you're both okay with a civil marriage, you can do that and be ready to apply with a VERY solid application as soon as you get the marriage certificate.

But here's the background:
-common law applications have to meet the technical requirements of common law (acc to IRCC) - minimum twelve months cohabitation, the burden is on you to demonstrate. AND also the 'genuine relationship' side. The 'continuous cohabitation' can be a bit subjective - is it a real household, do they share expenses etc., was the person really residing there all the time, etc.
-married applications: the marriage certificate is the proof of meeting the legal minimum test. If it's there, tick-box checked; there's no subjective evaualtion by IRCC staff, just the 'does this certificate seem to be lawful' and move along. Then they evaluate the relationship. This will be simple and fast for you (acc to what you say) - long relationship etc.

I don't know that your common law situation WILL have problems - they might look at it and say 'no brainer' and move on. Or they might look at this and travels and get confused and want to look into it more etc. Some common law apps get hung up on technicalities - like, being a day off. It's possible that the only odd thing about your common law situation is that you don't seem to have ever extended your visit to be in Canada twleve months continuously - not anything wrong with that, technically, just a bit odd (or might seem like to some)(.

There certainly have been (anecdotally) common law apps that are more complex and/or confusing than yours that have gone through, some with no problems. But I doubt that there have been many (any) 'married' apps with stories as lengthy as yours and similar overall (country/residency etc) that have had issues. Also means you'd have to include a fair bit less other documentation and proof of the relationship, or at least worry about all that stuff less.

Just an opinion and not a guarantee, etc. (I'm not making any money off marriage licenses granted or anything - I just think some applicants create issues for themselves by avoiding the obvious, which is that the best way to show a legally valid marriage-like relationship is ... marriage).

Of course I may be overthnking this and you might be too.

 

[expatinqc]

A lot to think about but I wanted to take the time to say thank you. This is all more information in one spot I have had than in years. And I should have joined this forum much earlier. Thank you again. Ill have to update when I make a next step

 

[armoured]

A lot to think about but I wanted to take the time to say thank you. This is all more information in one spot I have had than in years. And I should have joined this forum much earlier. Thank you again. Ill have to update when I make a next step

Good luck, and again, may be over-thinking. Also depends on how quickly you want all this to happen (the PR status that is) and whether stuff like health insurance and work permit matter - again, I mean in time. Personally I think I'd want to just avoid any potential issues and just do the civil ceremony, but personal decision.