I wish to include my partner in my application but there is a confusion if our setup is acceptable

[sigridaissa]

Hi everyone, I am separated and my annulment is under process, expected to be over this year. I am sure it will be granted because apparently my ex-husband is married to another woman a year before he married me. This means technically, our marriage is null and void, but we need to make it official and still go through the annulment process here in the Philippines.

Now I have a partner, an ex boyfriend from14yrs ago. We have been together since last year but he is working in a cruise ship which means we are only together physically every 7months (2mos vacation every 7mos of working in a cruise ship). He comes home to me each time and we talk everyday thru the internet even if he is in the ship, sailing.

I understand that the Canadian law considers your partner as a “common law” partner if you are physically together continuously for 1 year. Ofcourse proofs are needed. But I have read somewhere that we still can be considered as a common law partners even if we are not together physically all the time as long as one of the reasons for not being together is “work”. The consultants I am speaking with said that he still cannot be considered as my common-law partner but I am reading in some forums that he can be. I hope I can get clarity.

 

[scylla]

Hi everyone, I am separated and my annulment is under process, expected to be over this year. I am sure it will be granted because apparently my ex-husband is married to another woman a year before he married me. This means technically, our marriage is null and void, but we need to make it official and still go through the annulment process here in the Philippines.

Now I have a partner, an ex boyfriend from14yrs ago. We have been together since last year but he is working in a cruise ship which means we are only together physically every 7months (2mos vacation every 7mos of working in a cruise ship). He comes home to me each time and we talk everyday thru the internet even if he is in the ship, sailing.

I understand that the Canadian law considers your partner as a “common law” partner if you are physically together continuously for 1 year. Ofcourse proofs are needed. But I have read somewhere that we still can be considered as a common law partners even if we are not together physically all the time as long as one of the reasons for not being together is “work”. The consultants I am speaking with said that he still cannot be considered as my common-law partner but I am reading in some forums that he can be. I hope I can get clarity.

Your consultant is right. He cannot be considered as your common law partner. You don’t meet the requirements for common law.

 

[sigridaissa]

Your consultant is right. He cannot be considered as your common law partner. You don’t meet the requirements for common law.

Thank you scylla but look at what i found in: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14

It says below that one can be considered a common-law partner if he leaves home for work. He leaves home because he needs to work as a cashier in a cruise ship for 7mons each contract.

This is what makes it all confusing.

- - - - - - - - - -

what is a common-law partner?
Your common-law partner:

• isn’t legally married to you
• can be either sex
• is 18 or older
• has been living with you for at least 12 consecutive months, meaning:
  • you’ve been living together continuously for one year, without any long periods apart
  • if either of you left your home it was for:
    • family obligations
    • work or business travel
  • any time spent away from each other must have been:
    • short
    • temporary

When at least one partner chooses to end the relationship, we consider the partnership to be over.

 

[scylla]

Thank you scylla but look at what i found in: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14

It says below that one can be considered a common-law partner if he leaves home for work. He leaves home because he needs to work as a cashier in a cruise ship for 7mons each contract.

This is what makes it all confusing.

- - - - - - - - - -

what is a common-law partner?
Your common-law partner:

• isn’t legally married to you
• can be either sex
• is 18 or older
• has been living with you for at least 12 consecutive months, meaning:
  • you’ve been living together continuously for one year, without any long periods apart
  • if either of you left your home it was for:
    • family obligations
    • work or business travel
  • any time spent away from each other must have been:
    • short
    • temporary

When at least one partner chooses to end the relationship, we consider the partnership to be over.

There's nothing confusing about this. The requirements clearly state that you need 12 months of continuous cohabitation to be considered common law. The requirements also clearly state that short and temporary trips apart for family obligations or work/business are fine. Based on experiences on this form, we know that IRCC's definition of short / temporary is three weeks or less. You are not common law.

 

[scylla]

It says below that one can be considered a common-law partner if he leaves home for work.

It doesn't actually say this at all. It says that you can be apart for work reasons but only IF the time spend away from each other is short and temporary. Seven months is obviously not short and temporary.

 

[Buletruck]

• any time spent away from each other must have been:
  • short
  • temporary

It also qualifies the description with the above. 7 mo this isn’t short or temporary.

 

[canuck_in_uk]

Hi everyone, I am separated and my annulment is under process, expected to be over this year. I am sure it will be granted because apparently my ex-husband is married to another woman a year before he married me. This means technically, our marriage is null and void, but we need to make it official and still go through the annulment process here in the Philippines.

Now I have a partner, an ex boyfriend from14yrs ago. We have been together since last year but he is working in a cruise ship which means we are only together physically every 7months (2mos vacation every 7mos of working in a cruise ship). He comes home to me each time and we talk everyday thru the internet even if he is in the ship, sailing.

I understand that the Canadian law considers your partner as a “common law” partner if you are physically together continuously for 1 year. Ofcourse proofs are needed. But I have read somewhere that we still can be considered as a common law partners even if we are not together physically all the time as long as one of the reasons for not being together is “work”. The consultants I am speaking with said that he still cannot be considered as my common-law partner but I am reading in some forums that he can be. I hope I can get clarity.

You need to wait for the annulment and get married or he needs to quit his job and live with you for one continuous year to become common-law.