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Common Law Question

Chococherry26

Full Member
Sep 18, 2012
39
0
Toronto, ON
Category........
Visa Office......
CPP-Ottawa
NOC Code......
1241
Job Offer........
Pre-Assessed..
App. Filed.......
31-12-2012
AOR Received.
14-02-2013
Med's Request
16-10-2013 (& RPRF); bio data form (Nov 4, 2013)
Med's Done....
18-10-2013
Interview........
Waived
Passport Req..
16-12-2013 Rec. Dec-19-2013
LANDED..........
01-01-2014
My partner was out of the country for 3mnths. Do you think this is gonna be a prob? I'm the principal applicant though.
 

computergeek

VIP Member
Jan 31, 2012
5,143
277
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
Chococherry26 said:
My partner was out of the country for 3mnths. Do you think this is gonna be a prob? I'm the principal applicant though.
Was this a break in your relationship, or was it for some other reason (family or work). Did your relationship continue during that period, and did you have at least one year before the break? There's no hard or fast numeric rule here. If you lived apart for 3 months because you were "taking a break" in your relationship, then it would be a problem. If you lived apart because your partner was caring for a sick parent, or for a short-term work assignment, then it would be fine, because your relationship continued. But you still need to have had that year of continuous cohabitation at some point to qualify as common-law, and a 3 month break would not be continuous cohabitation.
 

Chococherry26

Full Member
Sep 18, 2012
39
0
Toronto, ON
Category........
Visa Office......
CPP-Ottawa
NOC Code......
1241
Job Offer........
Pre-Assessed..
App. Filed.......
31-12-2012
AOR Received.
14-02-2013
Med's Request
16-10-2013 (& RPRF); bio data form (Nov 4, 2013)
Med's Done....
18-10-2013
Interview........
Waived
Passport Req..
16-12-2013 Rec. Dec-19-2013
LANDED..........
01-01-2014
My partner is an international student right now. We live together since June 2011. Be leave Canada for the summer months because he had break from school. He went to States to visit family. We did not take a break, we were still in relationship.
 

computergeek

VIP Member
Jan 31, 2012
5,143
277
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
Chococherry26 said:
My partner is an international student right now. We live together since June 2011. Be leave Canada for the summer months because he had break from school. He went to States to visit family. We did not take a break, we were still in relationship.
Great! Then you're fine.
 

Chococherry26

Full Member
Sep 18, 2012
39
0
Toronto, ON
Category........
Visa Office......
CPP-Ottawa
NOC Code......
1241
Job Offer........
Pre-Assessed..
App. Filed.......
31-12-2012
AOR Received.
14-02-2013
Med's Request
16-10-2013 (& RPRF); bio data form (Nov 4, 2013)
Med's Done....
18-10-2013
Interview........
Waived
Passport Req..
16-12-2013 Rec. Dec-19-2013
LANDED..........
01-01-2014
Do you think i should write letter to say this? How will they know the reason he leave Canada? Or because his status is Student its ok.
 

computergeek

VIP Member
Jan 31, 2012
5,143
277
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
Chococherry26 said:
Do you think i should write letter to say this? How will they know the reason he leave Canada? Or because his status is Student its ok.
I don't think it's germane. If they ask, you have a reasonable explanation, but the point is that it didn't terminate your relationship - it was a temporary absence.