Definition of common-law union

[a-m]

I am a South African citizen starting my Phd at the University of Toronto in September 2013, and am struggling to find out if my partner of five years and I qualify as having a common-law union.

We lived together in August and September 2008, but my partner then left for the UK to do his Phd, and only returned to stay with me in August 2012. During the time he was in the UK he spent a few months visiting here in SA every year, and I would spend a few months visiting him in the UK every year.

According to what I've been able to gather from the CIC website Canada considers two people common-law partners if they've lived in the same place for more than 12 consecutive months. As I've just explained this is not the case with us, and I would like to know how flexible this definition is, and if we would in any way qualify. If we do not qualify, what is the best route to follow to get my partner in Canada?

We have general proof of the relationship for the years 2008-2012 (plane tickets to visit one another, trips taken together, money moving between our accounts, letters, emails, statements by family and friends), and proof of living together in SA from October 2012 onwards (shared household expenses, accounts going to the same address, etc). Is there any hope for us to qualify as a common-law union?

 

[scylla]

You don't meet the definition of common law. Unfortunately there really isn't any flexibility. To meet the CL definition, you must have lived together at the same physical residence for a minimum of one full year. Occassional short breaks are fine (e.g. if during the course of the full year - one of the individuals leaves the country for a couple of one week business trips). However what you've described isn't living together - it's visiting each other. CIC will view it as visiting each other as well.

If you can't physically live together for a minimum of one full year - then get married. Once you're married, you can bring your partner.

 

[Rob_TO]

Here is the official definition you must satisfy: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.35. What is cohabitation?
“Cohabitation” means “living together.” Two people who are cohabiting have combined their affairs and set up their household together in one dwelling. To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal
government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year

As scyllia mentioned, this is a non-negotiable definition. If you are just visiting someone and living with them while still having your own household back in your home country... that is NOT "living" together. Also the time must be truly continuous, and not multiple trips adding up to 1 year.

Unfortunately there is zero chance you will qualify here, so as mentioned the only 2 possible options for you are to get married, or to truly live 12-months together and then apply.

 

[a-m]

Thank you very much for taking the time to reply.

Could my partner come over on a tourist visa, and when we get married a few months after I arrive in Canada, we THEN apply for his open work permit, since he will then legally be my spouse?

 

[scylla]

Thank you very much for taking the time to reply.

Could my partner come over on a tourist visa, and when we get married a few months after I arrive in Canada, we THEN apply for his open work permit, since he will then legally be my spouse?

Yes - but keep in mind that there is no guarantee your partner will be approved for a tourist visa. If CIC feels your partner doesn't have strong ties to SA and has plans to stay in Canada long term, the visa will be refused. It would be far better to marry in SA.

 

[a-m]

Thank you, everyone!