Common law month appart

[amhel26]

Hi
I had some questions about filling forms but now something else show up and i want to know what others think.

I have been with my partner for a year and a half.

We have been living together 13 months now, with a 1 month break.
I was told before in this forum that if i have enough paperwork to show we kept in touch for that month that it shouldnt be an issue but now it seems that might not be the only opinion.

What happens if we were apart for 1 month after 3 months of being together?
I was with him in canada, he travel with me to mexico, we stayed there one week, then he came back and i stayed in mexico for a month, then i came back and have been without any separation for 9 months.

Would this be enough to break the common law? Should i wait for the full year with no breaks? Or should i apply now?
I appreciate your comments!!!
thanks

 

[Ponga]

At this point, I believe you're better off waiting the 3 months to apply. Hopefully, as the processing times get faster (hey...it could happen), the 3 months won't even matter in the long run.

 

[canuck_in_uk]

I agree with the above poster. A month apart in different countries has a VERY good chance of being seen as a break in the one year requirement. Just wait a few more months until you have the full uninterrupted year.

 

[Jamesdavid3]

Its not a break at all, you were technically still LIVING TOGETHER.....

So If I go on a 4 week Vacation someone without my girlfriend that doesn't count towards the one year? of course it does.

 

[Ponga]

Its not a break at all, you were technically still LIVING TOGETHER.....

So If I go on a 4 week Vacation someone without my girlfriend that doesn't count towards the one year? of course it does.

No, it does NOT, because the one year cohabitation requirement is the most important piece to the puzzle! AFTER you have been deemed as common-law, it MAY NOT be as big of an issue, but in the first year...it certainly is!

 

[canuck_in_uk]

Its not a break at all, you were technically still LIVING TOGETHER.....

So If I go on a 4 week Vacation someone without my girlfriend that doesn't count towards the one year? of course it does.

Well gosh, if you say it, then it must be true....

It comes down to the opinion of the VO processing the application. The VO can very easily say that one month spent not cohabiting broke the one year count, the couple is not common-law and the application is refused. it is MUCH safer for OP to simply wait a few more months until they have 1 full year of cohabitation.

Stop risking other people's apps.

 

[scylla]

Its not a break at all, you were technically still LIVING TOGETHER.....

So If I go on a 4 week Vacation someone without my girlfriend that doesn't count towards the one year? of course it does.

You may think so. However several visa officers would beg to differ. And as Rob_TO said, we've seen applications refused here for this reason. Ultimately it doesn't matter what any of us "think". It's all up to the VO.

Also, note that the OP didn't go on a one month vacation. The OP worked in a different country for a month (without the common law partner being there).

 

[mikeymyke]

Its not a break at all, you were technically still LIVING TOGETHER.....

So If I go on a 4 week Vacation someone without my girlfriend that doesn't count towards the one year? of course it does.

Why not take a vacation with your girlfriend instead? I'm sure if you did that, that would count as common-law because she's never left your side.

 

[Rob_TO]

Its not a break at all, you were technically still LIVING TOGETHER.....

So If I go on a 4 week Vacation someone without my girlfriend that doesn't count towards the one year? of course it does.

So if someone was living with their gf or bf, and one of them went on a 6-month vacation by themselves, you really think that time apart would count towards the qualifying time??

Time physically spent together is important in the qualifying time. The longer you are not physically together, the more chance there is for the visa office to declare the cohabitation broken.

 

[amhel26]

Thanks everyone for your help...its so bad when things depend on whoever is going to see your application but i dont want to take chances. First i didnt thought of it as a big deal since we had all proofs of cohabitation and proof of contact during that month but now that i see others comments im not so sure. I think is a big risk...so i have decided to wait 4 months...i just want this done but i rather have an application with no doubts of cohabitation for a full year.

Now what do i do now that im not applying for PR this month? i was so concentrated on that but..now it means my visa extension expires in october, before i get the full year for common law..so in september i will have to apply for extension. (i am applying outland)

i applied for extension once and i put as reason to explore our relationship, always called him boyfriend, and said i had no intentions to live in canada. what i put now for this application? do i say im applying for PR even if i have to ask for extension in september and cant apply until end october for common law? do i put hes my partner on application even if we havent reach the full year yet?
I hear people send their payment for PR with the extended visa request, should i then pay in september? does that makes any sense? hope someone can help me figure it out.

Thanks again for your time, i dont know what i would do without this forum!

 

[canuck_in_uk]

do i say im applying for PR even if i have to ask for extension in september and cant apply until end october for common law? do i put hes my partner on application even if we havent reach the full year yet?
I hear people send their payment for PR with the extended visa request, should i then pay in september? does that makes any sense? hope someone can help me figure it out.

Yes, you should put that you are applying for common-law sponsorship and include the PR fee receipt.