Common Law Question - break in Cohabitation

[Babymc27]

Hello everyone,

I received my Permanent Residency in August 2016 and I am currently thinking of sponsoring my partner. We initially met in Province N.B when he came in as an exchange student. After his program ended, he applied as a full time student. He arrived in Canada in Nov 2015. By then I had found a job and moved to another province (N.S). Since his courses were not starting until Jan 2016, we lived together from Nov and he has been travelling back and forth until March 30, 2016. I then received PNP and eventually moved back so that we could continue living together. Is this considered a break in cohabitation or can I sponsor him as my common law partner

 

[scylla]

How much time have you spent apart over the last year?

 

[Babymc27]

Well he moved back for school from January to March. During that time he came back during weekends. Then i finally moved in April.

 

[scylla]

Well he moved back for school from January to March. During that time he came back during weekends. Then i finally moved in April.

Yes - unfortunately that's far too big a break in cohabitation to still be considered common law (anything over three weeks is generally regarded as too long by CIC). You'll need to start counting the year from April 2017 (i.e. you'll be common law in April/May 2018).

 

[Babymc27]

Yes - unfortunately that's far too big a break in cohabitation to still be considered common law (anything over three weeks is generally regarded as too long by CIC). You'll need to start counting the year from April 2017 (i.e. you'll be common law in April/May 2018).

Why April /May 2018. Wouldnt it be April/May 2017 as we started living together April 2016

 

[scylla]

Why April /May 2018. Wouldnt it be April/May 2017 as we started living together April 2016

You weren't cohabitating from January to March 2016 according to the information you have provided. Your partner was living elsewhere attending school and visiting you on weekends. This is a big break in cohabitation and causes the date to reset. That's why the wait until 2018.

 

[scylla]

Sorry... You're right - it's 2017. I don't think I've had enough coffee today. Apologies!