Hi everyone,
I’d really appreciate some guidance from those familiar with IRCC’s definition of common-law and whether my partner and I should update our PR files.
Here’s our situation:
We started living together on September 1, 2024 in Manitoba (Manitoba considers co-habitual relationships without a child as common law after 3 years)
I travelled to my home country from October 15, 2024 to January 28, 2025 (about 105 days).
During that time, my girlfriend stayed in our shared apartment in Canada with no changes to the lease
I returned to the same home on January 28, 2025, and we’ve been living together continuously since.
We both recently submitted independent PR applications:
Mine on October 28, 2025 - Express Entry (PNP)
Hers on November 1, 2025 - Non-Express (PNP)
We each applied separately (not as dependents or sponsors). We didn’t declare “common-law” because we were unsure whether my 3.5-month trip abroad broke the “continuous cohabitation” period. If this is considered a break, we would only be considered common law after Jan 28, 2026.
After reading more, I’ve learned that IRCC might still count that absence as temporary since we maintained the relationship and residence, meaning we may already meet the 12-month common-law definition as of September 1, 2025.
So now I’m not sure what’s best:
Should we update IRCC via webform to declare that we’re common-law as of September 1, 2025, even though we each have independent PR applications?
Or should we wait until our PRs are approved to avoid confusion, since neither of us is being sponsored or listed as a dependent?
Would not declaring it now cause any issue later (misrepresentation?)
Also, what would be the implications if we do declare our common law relationship - would our PR applications have to be combined?
Any help would be greatly appreciated!
I’d really appreciate some guidance from those familiar with IRCC’s definition of common-law and whether my partner and I should update our PR files.
Here’s our situation:
We started living together on September 1, 2024 in Manitoba (Manitoba considers co-habitual relationships without a child as common law after 3 years)
I travelled to my home country from October 15, 2024 to January 28, 2025 (about 105 days).
During that time, my girlfriend stayed in our shared apartment in Canada with no changes to the lease
I returned to the same home on January 28, 2025, and we’ve been living together continuously since.
We both recently submitted independent PR applications:
Mine on October 28, 2025 - Express Entry (PNP)
Hers on November 1, 2025 - Non-Express (PNP)
We each applied separately (not as dependents or sponsors). We didn’t declare “common-law” because we were unsure whether my 3.5-month trip abroad broke the “continuous cohabitation” period. If this is considered a break, we would only be considered common law after Jan 28, 2026.
After reading more, I’ve learned that IRCC might still count that absence as temporary since we maintained the relationship and residence, meaning we may already meet the 12-month common-law definition as of September 1, 2025.
So now I’m not sure what’s best:
Should we update IRCC via webform to declare that we’re common-law as of September 1, 2025, even though we each have independent PR applications?
Or should we wait until our PRs are approved to avoid confusion, since neither of us is being sponsored or listed as a dependent?
Would not declaring it now cause any issue later (misrepresentation?)
Also, what would be the implications if we do declare our common law relationship - would our PR applications have to be combined?
Any help would be greatly appreciated!