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Mar 10, 2012
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So my boyfriend and I are planning on doing common law sponsorship but we have no yet lived together a year. Our plan is for me to move there for 6 months, return with him and he moves here for 6 months then leaves the country and applies outland for PR. My question is....... is this cosidered a continuous year if we moved from one country to the other or would that be "interrupted" even though we will be living together a year just half the time in one country and half the time in the other? I want to make sure. I assume it would be okay but I'm trying to have as little worries as possible.
 
Here's the thing- while you may be living together and the timeline works, if the plan is to come here for six months for the purpose of 'living together' to become common-law it becomes quesitonnable whether the person coming as a visitor, which they must be, unless issued some other visa -work etc., is a genuine visitor. If not a genuine visitor misrepresentation is possible.

It sounds like neither has status or possible status in either country in which they reside outside their own.

In Canada, if there is a genuine relationship where partners may not be together for some reason and evidence is provided to back it up the case 'might' be made of not meeting a common-law relationship. While it may seem terribly old school, whatever - a 'genuine marriage' as tiresome as that may be, would likely provide the easiest solution in either country. Good luck with that.
 
He is American I am Canadian therefore we are visa exempt countries. Technically I will be just going there to visit for 6 months and I will leave at the end of my stay and so will he. I am fully aware that I cannot live there but while I'm there we will be living together technically. I was just wondering if this is considered a continuous year if we do it this way. Thanks for your response!
 
Yes, it would be considered a continuous year, you are not required to spend the entire year living in one place. Others have successfully met their requirement by cohabiting with each other under visitor status in each other's country.
 
CharlieD10 said:
Yes, it would be considered a continuous year, you are not required to spend the entire year living in one place. Others have successfully met their requirement by cohabiting with each other under visitor status in each other's country.

I second Charlie. Goodluck!
 
Yes it is possible to do it like that. My CL and I have spent 5 months in his country and 7 months in mine to qualify as common-law, and we will be applying next month. By interrupted they mean you two are apart physically from each other, only short absences are allowed.

Good luck!
 
yes it is possible...but since u will b at the limit (1 year) make sure u explain it well....make a timeline anything...there was someone once where the officer didn't notice the first 6 months of living together (although it looked clearly explained)...the application was returned, they explained it again and then all went ok :)

of course i think it's better at the border not to say yes i go to live with him for the common-law requirement...u will go to visit!!! :) :) :)