is it possible for common law partners to be away for a few months?

[svieira]

Hi all,

So we have sent our application as common law partners a few moonths ago, we are appyling outland and we have been living together for 2 years now and never been apart. We are making all the arrangments to move to Canada which naturally includes getting new jobs. Presently neither of us live in our home country. My partner, who is sponsoring me has found a job that allows us to live in Canada towards the end of the year but the training period takes place in another country, for 5 months. I have the option of joining him there (in that 3rd country) for the duration of that training or to visit my parents for a couple of months and then be with him again. I am very keen on spending some time with my family as I live abroad for some years now and with my move to Canada I will be seeing even less of them. My question is, are we allowed to be apart during the application? Of anyone out there can offer some advise that will be greatly appreciated.
Thanks

 

[AllisonVSC]

The short answer is Yes.

Here is the relevant section of the OP 2 Manual...
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 (see also 5.44
for information on persecution and penal control). 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.

 

[svieira]

The short answer is Yes.

Here is the relevant section of the OP 2 Manual...
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 (see also 5.44
for information on persecution and penal control). 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.

AllisonVSC,

Thank you for your prompt reply!