Common law period

[stuckonyou]

Hi all,

I have a question about our common law period.

We've lived together from 2015.2~2015.7 ( about 5months)
and then during that period, I applied for visitor's visa extension but I couldn't get the results so I just left Canda for my home country in 2015.7 just in case.

and then I came back to Canada in June last year 2016 and since then we've been living together again.


So here is my question, should I say our common law relationship started 2015.2 or 2016.6?

If I say it started 2015.2 (Technically that's true), that gap in between can be an issue? Of course, during this gap, we've traveled together and my partner visited my home to see my family and so on. I can prove that our relationship has been continuous but I'm not really sure about that common law period.

Or I should forget about that 5month period and just say it started 2016.6?

Some immigration counselors say I can say It started 2015,2 and period is 1.5 years.
But I really want to hear opinions from people here too.

I kindly ask you for your help and any advice or experience will be helpful. thanks.

 

[scylla]

It started June 2016. The one year of common law has to be continuous.

 

[lukeaidan97]

Hi all,

I have a question about our common law period.

We've lived together from 2015.2~2015.7 ( about 5months)
and then during that period, I applied for visitor's visa extension but I couldn't get the results so I just left Canda for my home country just in case.

and then I came back to Canada in June last year 2016 and since then we've been living together again.


So here is my question, should I say our common law relationship started 2015.2 or 2016.6?

If I say it started 2015.2 (Technically that's true), that gap in between can be an issue? Of course, during this gap, we've traveled together and my partner visited my home to see my family and so on. I can prove that our relationship has been continuous but I'm not really sure about that common law period.

Or I should forget about that 5month period and just say it started 2016.6

I kindly ask you for your help and any advice or experience will be helpful. thanks.

I wouldnt not say that you haven't resided in Canada as you have so there is no harm in including that but as far as Common Law goes it has to be 12 consecutive months residing together with no huge gaps in time in that 12 month period. So you would have to say 2016/06 when you started living Common Law as 5 months gap in the 1 month period is too big.

 

[stuckonyou]

It started June 2016. The one year of common law has to be continuous.

Thanks for this quick reply, scylla!

 

[stuckonyou]

I wouldnt not say that you haven't resided in Canada as you have so there is no harm in including that but as far as Common Law goes it has to be 12 consecutive months residing together with no huge gaps in time in that 12 month period. So you would have to say 2016/06 when you started living Common Law as 5 months gap in the 1 month period is too big.

Thanks for your advice! lukeaidan97!

 

[spousalsponsee]

We've lived together from 2015.2~2015.7 ( about 5months)
and then during that period, I applied for visitor's visa extension but I couldn't get the results so I just left Canda for my home country in 2015.7 just in case.

and then I came back to Canada in June last year 2016 and since then we've been living together again.


So here is my question, should I say our common law relationship started 2015.2 or 2016.6?
.

Your common law relationship will be established in June 2017, when you have been living together continuously for 12 months.

If you do a declaration of common law union, then you have been living together in a common law relationship since June 2016, as that is the earliest the CL period could have begun (living together for 5 months then not living together for 11 months definitely means you didn't establish CL the first time).

 

[Rob_TO]

Your common law relationship will be established in June 2017, when you have been living together continuously for 12 months.

If you do a declaration of common law union, then you have been living together in a common law relationship since June 2016, as that is the earliest the CL period could have begun (living together for 5 months then not living together for 11 months definitely means you didn't establish CL the first time).

This. From June 2016 - June 2017 you are NOT common-law, you are just dating while qualifying for common-law.

You will not be common-law for immigration purposes, until June 2017. So for any question that asks when the common-law relationship started, you must put June 2017.

 

[stuckonyou]

Your common law relationship will be established in June 2017, when you have been living together continuously for 12 months.

If you do a declaration of common law union, then you have been living together in a common law relationship since June 2016, as that is the earliest the CL period could have begun (living together for 5 months then not living together for 11 months definitely means you didn't establish CL the first time).

I thought that way too, that gap might be too big to be applied like you said, Thanks!

 

[stuckonyou]

This. From June 2016 - June 2017 you are NOT common-law, you are just dating while qualifying for common-law.

You will not be common-law for immigration purposes, until June 2017. So for any question that asks when the common-law relationship started, you must put June 2017.

I'm little confused. so for the question asking the date when we were entered into the CL relationship is june 2016? right?

 

[Rob_TO]

I'm little confused. so for the question asking the date when we were entered into the CL relationship is june 2016? right?

No. You are not common-law until June 2017, so that is when you enter into the common-law relationship. All the time before that, you are just dating with no legal status.

It states specifically in the guide: http://www.cic.gc.ca/english/infORmation/applications/guides/5289ETOC.asp
Application to Sponsor, Sponsorship Agreement and Undertaking (IMM 1344)
Question 8

1. Tell us your current marital status. See the “Key Definitions” for explanations of the different types of marital status.
2. Enter the date (year, month, day) you were married or you entered into your current common-law or conjugal relationship, i.e. the date your status officially changed from being single to common-law, not the date you started living together.

 

[stuckonyou]

No. You are not common-law until June 2017, so that is when you enter into the common-law relationship. All the time before that, you are just dating with no legal status.

It states specifically in the guide: http://www.cic.gc.ca/english/infORmation/applications/guides/5289ETOC.asp
Application to Sponsor, Sponsorship Agreement and Undertaking (IMM 1344)
Question 8

1. Tell us your current marital status. See the “Key Definitions” for explanations of the different types of marital status.
2. Enter the date (year, month, day) you were married or you entered into your current common-law or conjugal relationship, i.e. the date your status officially changed from being single to common-law, not the date you started living together.

Wow, I totally missed that! i automatically assumed they were asking when we started living together. shoot! I could have made a big mistake,
Thanks Rob! I appreciate it a lot!