Commonlaw Visa - 23 day interruption okay?

[AlexBarrord]

Hi there,

I started living together with my Canadian partner October 2024. I'm planning to apply for a commonlaw visa in November or December 2025.

I have had the following gaps in cohabition:
- 14 day trip back to Germany in April 2025 to get visa for the US
- 5 day trip to the US in May 2025 for a work conference (which is why I had to get the US visa)

I am now planning a 4 day trip in July back to Germany to visit my sisters wedding.

My questions:
- should I cancel the trip because it's too risky, or is it okay?
- Is my current absence already enough to disqualify me from the commonlaw visa?
- Have there been similar cases in the past?
- If I get denied, can I just try again in July 2026? My visa is valid until the end of 2026.

Thank you!

 

[armoured]

Hi there,

I started living together with my Canadian partner October 2024. I'm planning to apply for commonlaw in November or December 2025.

I have had the following gaps in cohabition:
- 14 day trip back to Germany in April 2025 to get visa for the US
- 5 day trip to the US in May 2025 for a work conference (which is why I had to get the US visa)

I am now planning a 4 day trip in July back to Germany to visit my sisters wedding.

My questions:
- should I cancel the trip because it's too risky, or is it okay?
- Is my current absence already enough to disqualify me from the commonlaw visa?
- Have there been similar cases in the past?
- If I get denied, can I just try again in July 2026? My visa is valid until the end of 2026.

Thank you!

Shouldn't be an issue. If you're that worried - get married, apply sooner.

 

[Ponga]

Hi there,

I started living together with my Canadian partner October 2024. I'm planning to apply for commonlaw in November or December 2025.

I have had the following gaps in cohabition:
- 14 day trip back to Germany in April 2025 to get visa for the US
- 5 day trip to the US in May 2025 for a work conference (which is why I had to get the US visa)

I am now planning a 4 day trip in July back to Germany to visit my sisters wedding.

My questions:
- should I cancel the trip because it's too risky, or is it okay?
- Is my current absence already enough to disqualify me from the commonlaw visa?
- Have there been similar cases in the past?
- If I get denied, can I just try again in July 2026? My visa is valid until the end of 2026.

Thank you!

https://www.irb-cisr.gc.ca/en/legal-policy/legal-concepts/Documents/SpoPar05_e.pdf
From page 17:

Cohabitation is not defined in the IRPA or the IRP Regulations but has been interpreted in
the common law to mean “living together as husband and wife.” 88 The IAD has adopted this
definition as well.89 Case law interpreting the term cohabitation in the family law context
indicates that it refers to persons living under the same roof in a conjugal relationship and also
indicates that partners are not required to be divorced or legally separated from a former partner
to cohabit.90 Further, the common-law partners do not have to necessarily physically reside at the
same location without interruption.91 In the context of family and estate law, the courts have held
that in certain circumstances, usually in cases involving shared custody arrangements or work
related obligations, cohabitation is established even though the parties do not physically live
together at the “conjugal home” throughout the week or for a period of the year.92

However, it is not clear whether the time the partners spend apart (not cohabiting
conjugally) is automatically to be taken into account in calculating the one-year period of
cohabitation. For instance, where a partner has cohabited in a conjugal relationship for nine
months and, although the relationship is ongoing, he or she spends the remaining three months
out of the one-year period in another city (away from his or her partner), will the partner be
considered to have cohabited in a conjugal relationship for one year or for nine months? In
calculating the period of cohabitation, it appears relevant to consider the reasons for which the
partners were not residing together.


And, IMHO, you shouldn't see this as a fear motivator to get married.

 

[armoured]

However, it is not clear whether the time the partners spend apart (not cohabiting
conjugally)

I think this is silly. Short trips for work or for other various reasons including to see family abroad isn't going to be counted against time residing together. Many/most couples residing together have trips for various reasons. It's not a thing.

And, IMHO, you shouldn't see this as a fear motivator to get married.

You miss my point: the person DOES see this as a 'fear factor.' And even more so: as an administrative factor to meet this legal test, to establish a type of legal relationship in order to apply for spousal sponsorship.

Since the fear factor (founded or not) does exist, and since the easier way to meet the legal test is to get married, and would both remove this issue entirely AND make it possible to submit spousal sponsorship immediately (or at least as soon as marriage certificate received), that - IMO - objectively makes more sense.

That said, every couple is fully empowered to make decisions that make - again IMO - less sense.

 

[AlexBarrord]

Thank you for your replies! Marriage is not really an option for us right now - we're busy and broke haha, if we married in the future we'd like to do it properly, with a nice prepared ceremony, lots of guests, etc etc - not cheaply through a vegas drive-by ceremony or in an office. Essentially we don't want work on immigration papers to take away that experience from us. The commonlaw route is more difficult, but I'm happy to put in the effort.

I remember I saw a 3-week rule somewhere on this forum. Was that per trip, or for all trips in total? I'm currently < 3 weeks, but the upcoming trip would make it > 3 weeks in total.

This definitely does create fear though as it's not clearly defined anywhere whether such a trip would be okay or not