Common Law rules and restrictions

[AspirantCanada123]

Respected members,
I would request you to share your experience and confirm if IRCC accepts and approves PR application with a common law partner as in my situation.
Note: I have received PNP nomination along with my common law and about to submit post ITA docs.

We studied in the same college. We are in relationship since 2010 and in 2013 we moved in together(Flat) and shared all the expenses and took several trips together. We share rental agreements, joint account etc but Last year in Jan 2017 I had to travel to some other country due to work and since then we are living in two separate countries.
Though we keep meeting each other and share the rents and other expenses. When I travel to my country I stay with her in the same Flat which we rented. Also she visits me In every 2 months.
Will IRCC accept our relationship as common law and approve out application?

 

[kcward7]

Respected members,
I would request you to confirm if IRCC accepts and approves PR application with a common law partner as in my situation.
Note: I have received PNP nomination along with my common law and about to submit post ITA docs.
We are in relationship since 2010 and in 2013 we moved in together and shared all the expenses and took several trips roger. We share rental agreements joint account but Last year in Jan 2017 I had to travel to some other country due to work and since then we are living in two separate countries.
Though we keep meeting each other and share the rents and other expenses. When I travel to my country I stay with her in the same Flat which we rented. Also she visits me in tourist visa every alternate month.
Will IRCC accept our relationship as common law and approve out application?

Did you establish common law by living together for 12 months consecutively in a marriage like relationship with no significant breaks?

 

[AspirantCanada123]

Did you establish common law by living together for 12 months consecutively in a marriage like relationship with no significant breaks?

Yes, we lived together from 2013 till 2017 jan. it was more then marriage like. But from last year we kept meeting each other but did not continuously live fir months together. Like 1 week at a stretch. Only in Dec(10th Dec to 20th jan 2018) it was for a longer duration.Though I still share the rent of the flat she is living in.

 

[majesty]

Yes, we lived together from 2013 till 2017 jan. it was more then marriage like. But from last year we kept meeting each other but did not continuously live fir months together. Like 1 week at a stretch. Only in Dec(10th Dec to 20th jan 2018) it was for a longer duration.Though I still share the rent of the flat she is living in.

I'm prettty sure you qualify as coomon-law. We lived together only 1 year and a few days and were apart from each other for 3 plus years and it has not been an issue so far, as long as you have the proof that they ask for ... join lease agreements, joint bank accounts, joint utilities, etc.

 

[AspirantCanada123]

I'm prettty sure you qualify as coomon-law. We lived together only 1 year and a few days and were apart from each other for 3 plus years and it has not been an issue so far, as long as you have the proof that they ask for ... join lease agreements, joint bank accounts, joint utilities, etc.

You made my day with your answer.
Wow, so you along with your common law have already revived the PR and are an example of successful common law PR application. Many thanks.

 

[Rob_TO]

Yes, we lived together from 2013 till 2017 jan. it was more then marriage like. But from last year we kept meeting each other but did not continuously live fir months together. Like 1 week at a stretch. Only in Dec(10th Dec to 20th jan 2018) it was for a longer duration.Though I still share the rent of the flat she is living in.

As long as you've lived together for 12 continuous months (and have proof of it) you have established the common-law relationship and can then live apart if needed. Make sure you are also keeping evidence of the continued common-law relationship while living apart.

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?

According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present. Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.

This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.

For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists.

 

[AspirantCanada123]

As long as you've lived together for 12 continuous months (and have proof of it) you have established the common-law relationship and can then live apart if needed. Make sure you are also keeping evidence of the continued common-law relationship while living apart.

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?

According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present. Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.

This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.

For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists.

Thanks you so much for the detailed explanation.

 

[AspirantCanada123]

Respected members, Anything else i have to be cautious about. I have presented all the truth and detailed proofs of our relationship to OINP and got nomination. Anything in particular i have to keep in mind while submitting final docs to IRCC.
Also, does the Express Entry process takes longer time for common law partners to get PR?
Experience members kindly comment and throw some light on it .

 

[majesty]

You made my day with your answer.
Wow, so you along with your common law have already revived the PR and are an example of successful common law PR application. Many thanks.

Actually not. My partner is going for his interview tomorrow. We'll see how it goes .... maybe he'll know if he gets his PR. Time will tell.

 

[AspirantCanada123]

Good luck to your partner. I am sure you guys will be through. Also let us know here how it goes and your time from AOR.

 

[AspirantCanada123]

As long as you've lived together for 12 continuous months (and have proof of it) you have established the common-law relationship and can then live apart if needed. Make sure you are also keeping evidence of the continued common-law relationship while living apart.

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?

According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present. Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.

This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.

For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists.

Hi friend,
You have vast knowledge about the process. Thanks for sharing the information again. But may I request you to share your personal experience in this process.
I mean with common law immigration process. It will really help.
Best Regards

 

[Chloe Du]

Actually not. My partner is going for his interview tomorrow. We'll see how it goes .... maybe he'll know if he gets his PR. Time will tell.

Hi there! May i ask how long did you submit your application till your partner got interview? I'm on my last steps to gather the documents and everything with so much worries hzmmm

 

[Rob_TO]

Hi friend,
You have vast knowledge about the process. Thanks for sharing the information again. But may I request you to share your personal experience in this process.
I mean with common law immigration process. It will really help.
Best Regards

You are posting in the Family Class Sponsorship section of this forum, which actually doesn't apply to you. You are applying through PNP, so should really be posting your questions there. Your situation is different than someone directly sponsoring their common-law partner for PR.
I have zero personal experience in the PGP process.

 

[majesty]

Hi there! May i ask how long did you submit your application till your partner got interview? I'm on my last steps to gather the documents and everything with so much worries hzmmm

we did not get the official letter to go for interview until 12.5 months after we submitted our app. this is unusual though. we knew we were in queue 3 monyhs earlier.

 

[AspirantCanada123]

You are posting in the Family Class Sponsorship section of this forum, which actually doesn't apply to you. You are applying through PNP, so should really be posting your questions there. Your situation is different than someone directly sponsoring their common-law partner for PR.
I have zero personal experience in the PGP process.

Thanks for pointing out. I will move my queries there. Many Thanks and good luck for the process.