Time spent abroad together counting as 12 month cohabitation

[lewnilu90]

Variations of this question has been asked a few times but I was hoping for insight into our particular case...

I am planning to sponsor my partner for her permanent residency. She currently holds a student visa to study for her PhD. We have lived together in Canada sharing the same permanent address since Nov. 2018. In Sept. 2019 my partner traveled to Europe for a 3-month period for a research transfer program. During this time I decided that I would take an extended leave from work and travel along with her for 2 months (Sept. to early Nov.). We lived together in Europe at one address the entire duration I was there until I returned to Canada in Nov. as I needed to return to work. She continued her studies alone in europe for 1 more month, then back to Canada early Dec. We have matching flight booking for the outbound trip, but inbound trip is different of course.
My Questions are:
1. Does the one month spent apart make a difference if we had just completed 12 months together (does the 12 month count 'reset')?
2. Will this 2 out of 12 months spent in Europe together be acceptable to consider us to be common-law partners?
3. If so, what would be acceptable proof to provide in the application for the time in Europe (airline bookings,travel receipts,photos)? Also the residence in Europe was under her name only but shared rent cost can be proven.

I would like to get some feedback from real people as the IRCC phone line has given different answers every time I have called!

Thanks!

 

[canuck_in_uk]

Variations of this question has been asked a few times but I was hoping for insight into our particular case...

I am planning to sponsor my partner for her permanent residency. She currently holds a student visa to study for her PhD. We have lived together in Canada sharing the same permanent address since Nov. 2018. In Sept. 2019 my partner traveled to Europe for a 3-month period for a research transfer program. During this time I decided that I would take an extended leave from work and travel along with her for 2 months (Sept. to early Nov.). We lived together in Europe at one address the entire duration I was there until I returned to Canada in Nov. as I needed to return to work. She continued her studies alone in europe for 1 more month, then back to Canada early Dec. We have matching flight booking for the outbound trip, but inbound trip is different of course.
My Questions are:
1. Does the one month spent apart make a difference if we had just completed 12 months together (does the 12 month count 'reset')?
2. Will this 2 out of 12 months spent in Europe together be acceptable to consider us to be common-law partners?
3. If so, what would be acceptable proof to provide in the application for the time in Europe (airline bookings,travel receipts,photos)? Also the residence in Europe was under her name only but shared rent cost can be proven.

I would like to get some feedback from real people as the IRCC phone line has given different answers every time I have called!

Thanks!

What are your exact dates? Do you have solid proof of cohabitation from day 1?

 

[lewnilu90]

What are your exact dates? Do you have solid proof of cohabitation from day 1?

Nov 1st 2018 - Nov 4th 2019. Proof of cohabitation would be address changes on government documents, termination of old lease agreement, money transfers for bill payments.

 

[Sarahannclarke5]

Cohabitation must be 12 months continuously from when the application was recieved.

 

[canuck_in_uk]

Nov 1st 2018 - Nov 4th 2019. Proof of cohabitation would be address changes on government documents, termination of old lease agreement, money transfers for bill payments.

Do you have proofs from day 1 to day 365?

 

[canuck_in_uk]

Cohabitation must be 12 months continuously from when the application was recieved.

If you are trying to say it must be right before applying, that is incorrect. Provided they have established common-law and are still in a relationship, couples can apply while living apart.

 

[Sarahannclarke5]

If you are trying to say it must be right before applying, that is incorrect. Provided they have established common-law and are still in a relationship, couples can apply while living apart.

Yes they can apply when apart. But when they are applying common law, they must be living together 12 months continuously, not with breaks in between, which is more of the point i was trying to get across.

 

[lewnilu90]

Do you have proofs from day 1 to day 365?

Yes, I believe we do have proof. Just a question of how proof when travelling together outside Canada works.

If you are trying to say it must be right before applying, that is incorrect. Provided they have established common-law and are still in a relationship, couples can apply while living apart.

Does the 12 months have to be exactly before when you are applying? or does 12 months from before that work?

Yes they can apply when apart. But when they are applying common law, they must be living together 12 months continuously, not with breaks in between, which is more of the point i was trying to get across.

Yes we were living together for 12 months continuously, the time spent apart occurred after the 12 months was complete. The question lies with the last 2 months spent together outside Canada.

 

[canuck_in_uk]

Yes, I believe we do have proof. Just a question of how proof when travelling together outside Canada works.


Does the 12 months have to be exactly before when you are applying? or does 12 months from before that work?


Yes we were living together for 12 months continuously, the time spent apart occurred after the 12 months was complete. The question lies with the last 2 months spent together outside Canada.

The 12 months can be at any point, as long as you can prove that the relationship is ongoing since starting to live apart.