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Jun 15, 2020
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Hello from the UK!

I was wondering if anyone could offer any advice on quite a complex situation? Myself and my partner (we're both male) have been together for 9 years. We had been living together in a relationship in the UK (both names on lease agreement etc) for 4 years when he was offered a job at a tech startup in Montreal. He was given a work permit and I was granted one too. I however didn't move to Canada with him to use it as I'd just been offered literally my dream job in the UK on a 2 year contract. We decided that despite the distance, we'd give the long distance thing a shot until I was ready to move over, we didn't know at that stage that he'd stay in Canada after the 2 years either. I travelled over every few months for a week here and there and he came back to the UK every other few months also (we still have flight tickets and confirmation emails). It's been really tough but we've made it work for almost 4 years now for the sake of our careers and growing as professionals. Fast forward to the end of 2018 and he was offered another amazing job within Canada so decided to take it and apply for permanent residency so he could buy a house. He was advised at the time to say that he was 'single' on his PR application as despite still being in a long distance relationship, we hadn't 'lived' together for 2 years which meant we didn't 'legally' count as 'common-law' partners anymore. To save delaying his application he did what he was advised to and was granted PR. At this point my work permit (which I'd never used) expired and I didn't renew it as I assumed he could sponsor me when the time was right.

The thing is, my contract has now finished here in the UK and I'm at the stage where I'm ready to join him in Canada. I've got a lot of experience in my field of work and I've already had a couple of informal chats with some contacts during my last visit and I know that I'd be able to pick up work fairly quickly. The only issue is they won't employ me until I have a work permit or PR. In order to get those I would need my partner to sponsor me as a 'common-law' partner, but on paper we no longer qualify as the last time we 'co-habit-ed' was back in 2016.

I am really stressed out with it all, and wondered if anyone had any advice? We can prove that we're in a 9 year relationship with texts, calls, holiday photos and still have all the documents from when we lived together between 2012 - 2016 (joint lease documents, joint credit card statements). All of these got me my original work permit, but I'm just worried that because my partner put 'single' on his PR application, immigration will have deemed the relationship to have ended.

Do you think if we explained the situation they may look favourably on us? As I say we can absolutely prove the 9 year relationship and reassure them it's not just 2 room mates trying to abuse the system etc. If we can't, I just don't know what to do. The long distance thing has already been going on long enough and without me being able to stay in Canada longer than 6 months on my tourist ETA (which I've never used for more than a week or so at a time), how are we supposed to live together for a year again just to satisfy the requirements of ''common-law?''

I did say it was quite a complex situation! Hahah!

Any advice would be gratefully received.

Thank you & stay safe.

John
 
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I'm not sure. I will have to ask. I'm assuming if asked for relationship status he would have put down 'single' as we haven't been living together for 4 years.
 
1. Apply on your own, if you qualify.
2. Get married.

Note, you have a potential issue of misrepresentation if you attempt to present the relationship as commonlaw continuous (as he applied as single).
 
Oh wow. I think it was an immigration lawyer that suggested he put single down on his PR application. So that would have been bad advice? He should have put down common-law even though we hadn't been living together for 2 years at that point?
 
Oh wow. I think it was an immigration lawyer that suggested he put single down on his PR application. So that would have been bad advice? He should have put down common-law even though we hadn't been living together for 2 years at that point?
If his status is "Single", that essentially invalidates your claim of common-law relationship.
 
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If his status is "Single", that essentially invalidates your claim of common-law relationship.

I'm assuming having proof that he was advised to put down single wouldn't really help the situation? Potentially make it worse.

So as it stands, applying by myself or marriage are our only options?

Thanks for all your help btw. As a newbie, it's much appreciated.
 
I'm assuming having proof that he was advised to put down single wouldn't really help the situation? Potentially make it worse.

So as it stands, applying by myself or marriage are our only options?

Thanks for all your help btw. As a newbie, it's much appreciated.
I believe if you get married and applying as spousal application is the best option for you because you have strong proof of your relationship over the last 9 years and you don't need to prove cohabitation of one-year or more as common-law relationship required. Process wise, it takes same time period for both spousal and common-law relationship.
 
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Oh wow. I think it was an immigration lawyer that suggested he put single down on his PR application. So that would have been bad advice? He should have put down common-law even though we hadn't been living together for 2 years at that point?

Yes, this is the rub as I understand it - him putting single either invalidates the claim that you were common-law at the time, or makes it misrepresentation. Living apart doesn't necessarily end the common-law relationship but I'd argue there is ambiguity in there as to what constitutes that specific (legal) relationship ending if the time living apart is long, and multiple jurisdictions involved.

Assuming he has not been putting common law on taxes and other official documents: get married and show you have a real relationship. If you can both say truthfully you maintained "a" relationship but not the previous common-law one, you may be okay.

Note the forms include a space for info about previous marriages and common-law relationships. I would not know how to handle that apart from telling the truth.

You can potentially apply inland if married.

Obviously this is just a forum, if concerned, get professional advice. (Hopefully better than you got before).