Just starting to apply, but don't know if we're common-law or conjugal, please help

[nessa.rose.h]

Hi there

I am a Canadian female and my boyfriend is from the UK.
We met in Canada while he was on a holiday Visa, and I moved with him to the UK in November 2017 when his visa expired. We lived together from November 2017 to November 2018, just over a year, when I then had to move back to Canada due to health issues. We were originally planning to apply together from the UK under the common-law class, as we appeared to meet the requirements/definition, but now that we are not living together at the moment I'm not sure if we're classed as common-law or conjugal. I've read that conjugal is the most difficult to prove so ideally we would prefer common-law, but are confused as to which definition we actually are.

I will be living in Canada for at least the next few months, and haven't decided if I will move back to the UK yet. My UK visa expires on November 20. 2019. My boyfriend is unable to come back to Canada except as a visitor.

Any advice is appreciated.

Thank you

 

[kcward7]

Hi there

I am a Canadian female and my boyfriend is from the UK.
We met in Canada while he was on a holiday Visa, and I moved with him to the UK in November 2017 when his visa expired. We lived together from November 2017 to November 2018, just over a year, when I then had to move back to Canada due to health issues. We were originally planning to apply together from the UK under the common-law class, as we appeared to meet the requirements/definition, but now that we are not living together at the moment I'm not sure if we're classed as common-law or conjugal. I've read that conjugal is the most difficult to prove so ideally we would prefer common-law, but are confused as to which definition we actually are.

I will be living in Canada for at least the next few months, and haven't decided if I will move back to the UK yet. My UK visa expires on November 20. 2019. My boyfriend is unable to come back to Canada except as a visitor.

Any advice is appreciated.

Thank you

You are not conjugal. There are no immigration or legal barriers preventing you from living together or marrying.

 

[scylla]

Hi there

I am a Canadian female and my boyfriend is from the UK.
We met in Canada while he was on a holiday Visa, and I moved with him to the UK in November 2017 when his visa expired. We lived together from November 2017 to November 2018, just over a year, when I then had to move back to Canada due to health issues. We were originally planning to apply together from the UK under the common-law class, as we appeared to meet the requirements/definition, but now that we are not living together at the moment I'm not sure if we're classed as common-law or conjugal. I've read that conjugal is the most difficult to prove so ideally we would prefer common-law, but are confused as to which definition we actually are.

I will be living in Canada for at least the next few months, and haven't decided if I will move back to the UK yet. My UK visa expires on November 20. 2019. My boyfriend is unable to come back to Canada except as a visitor.

Any advice is appreciated.

Thank you

If you lived together for at least a full year continuously, then you qualify to apply as common law.

As said by the poster above, you don't meet the requirements for conjugal.

 

[nessa.rose.h]

You are not conjugal. There are no immigration or legal barriers preventing you from living together or marrying.

Thank you for answering.
Now I'm wondering if being apart for a significant amount of time (more than 6 months) would hinder our application. Do you know anything about that?

 

[zardoz]

Thank you for answering.
Now I'm wondering if being apart for a significant amount of time (more than 6 months) would hinder our application. Do you know anything about that?

Assuming that you HAVE qualified as common law, that status remains until you overtly decide to cease it. You application would still be valid, even after a period of non-cohabitation.